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An investigation by the Landmine has found that the local attorney referenced in the lengthy Ninth Circuit Judicial Council report on now-former Judge Josh Kindred is Michelle Nesbett. Nesbett has worked at the law firm Birch Horton Bittner & Cherot since 2020. Prior to that, she worked at a law firm with her husband. Nesbett’s involvement with Kindred raises serious ethical and conflict-of-interest concerns within Alaska’s justice system..

Nesbett is married to Anchorage Superior Court Judge David Nesbett. David Nesbett is the grandson of Buell Nesbett, the namesake of the Downtown Anchorage Nesbett Courthouse.

According to the initial Special Committee report “Judge Kindred’s unprofessional conduct extended well beyond his chambers. As stated in the report, Judge Kindred received nude photographs from another, more senior Assistant U.S. Attorney (ASUA) who practiced before him. Judge Kindred discussed these photographs with his law clerk. According to the report, he also received “sexually suggestive text messages from a local attorney who regularly appeared before him, which he also discussed with his law clerks.” (emphasis added)

The assistant U.S. attorney referenced in the report who sent nude photographs to Kindred has been identified as Karen Vandergaw, who has since been demoted. When the matters involving Kindred were brought to U.S. Attorney for Alaska, Lane Tucker, in October 2022, she reported it to the Chief Judge and District Court.