In a rare and bold move, the U.S. judiciary has referred former Alaska judge Joshua Kindred to Congress for potential impeachment, despite his resignation. The referral, revealed in documents made public, stems from Kindred’s alleged severe sexual misconduct, deemed so egregious by the judiciary that a simple resignation wasn’t considered enough.
Appointed in 2020 under the Trump administration, Kindred stepped down in July following a judicial misconduct investigation that exposed an inappropriate, sexualized relationship with a law clerk and the creation of a hostile work environment. Though reprimanded and pressured into resignation, the 9th Circuit Judicial Council’s inquiry found his actions to be far more troubling. Kindred had reportedly continued engaging in sexual encounters with the clerk after she transitioned to a role at the U.S. Attorney’s Office and then lied about the encounters during the investigation.
Despite leaving the bench, the U.S. Judicial Conference, led by Chief Justice John Roberts, made the rare decision to refer Kindred’s case to Congress, citing the gravity of his misconduct. Impeachment, even post-resignation, could prevent him from holding public office in the future. However, the House may opt not to pursue further action, with the referral itself serving as a public condemnation.
While some, including Senate Republican Leader Mitch McConnell, criticized the unprecedented step, questioning the legality of impeaching a former official, others—such as Alaska Senator Lisa Murkowski—expressed full support for the move, insisting that Kindred’s behavior warrants a thorough review by Congress. Only 15 federal judges have ever been impeached, and merely eight convicted, with the last such conviction occurring in 2010.
The judiciary’s referral has now landed in the hands of Republican House Speaker Mike Johnson, with the final decision on how to proceed resting with Congress. The case has sparked fresh debates about accountability within the judiciary and highlighted the ongoing complexities of impeaching officials after their resignation.
