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Former U.S. Attorney Resigns Amid Ethics Investigation, Only to Oversee Judges’ Ethics

Title: U.S. Attorney’s Improper Relationship Raises Concerns Over Judicial Ethics Oversight

Introduction:
The recent release of a Justice Department report has shed light on the improper behavior of former U.S. attorney Duane “Dak” Kees. Despite resigning from his position amid an investigation, Kees has now been appointed to a state commission responsible for overseeing the ethics of Arkansas judges. This raises questions about the integrity of the judicial ethics oversight system and the qualifications of those appointed to such positions.

Kees’ Improper Relationship and Attempted Cover-up:
According to the Justice Department documents, Kees engaged in an improper relationship with a subordinate during his tenure as U.S. attorney. The relationship lasted approximately seven months and involved exchanging flirtatious stories that eventually led to sexual contact. Kees and his coworker dispute who initiated the relationship. The report redacted the subordinate’s identity for privacy reasons.

During this time, Kees expressed concern that the revelation of his relationship could jeopardize his position as U.S. attorney. He even attempted to block the firing of another employee who had committed additional acts of misconduct to divert attention away from his own misconduct. This raises questions about Kees’ judgment and integrity as a public servant.

Appointment to the Judicial Discipline and Disability Commission:
In 2023, Arkansas Attorney General Tim Griffin appointed Kees to the Judicial Discipline and Disability Commission, responsible for overseeing the ethics of Arkansas judges at all levels. However, Griffin claims he was unaware of the allegations against Kees at the time of his appointment. In response to the publication of the Justice Department report, a spokesperson for Griffin stated that Kees would be resigning from his position on the commission.

Kees’ Lack of Experience and Ethical Concerns:
The report highlights that Kees lacked experience with the Justice Department when he was appointed as U.S. attorney by former President Donald Trump. This raises concerns about the vetting process for such appointments and the qualifications required for individuals to hold positions of authority.

Furthermore, even after the improper relationship ended, Kees allowed it to influence his decision-making as U.S. attorney. The report reveals that he advocated for a lesser disciplinary action for an employee with a history of misconduct because he feared the employee would expose his own misconduct. This prioritization of personal interests over the best interests of the office raises serious ethical concerns.

Implications for Judicial Ethics Oversight:
Kees’ appointment to the Judicial Discipline and Disability Commission raises significant questions about the effectiveness and integrity of the oversight system for judicial ethics. The fact that Kees was able to secure this position despite his previous ethical misconduct suggests a lack of thorough screening and accountability measures.

Conclusion:
The case of former U.S. attorney Dak Kees highlights the need for a more stringent and transparent process in appointing individuals to positions responsible for overseeing judicial ethics. The improper relationship and subsequent attempts to cover it up raise concerns about Kees’ judgment and integrity. This incident serves as a reminder that maintaining the highest ethical standards is crucial for those entrusted with upholding justice and ensuring the integrity of our legal system.

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