U.S. Attorney Duane “Dak” Kees, who recently resigned amid an ethics investigation, has now found himself in another government position overseeing the ethics of Arkansas judges. The Justice Department released a report shedding light on Kees’s behavior during his tenure as the top federal prosecutor for the Western District of Arkansas. The report reveals that Kees engaged in an improper relationship with a subordinate, which lasted approximately seven months.
According to the documents, the relationship began with flirtatious conversations about sexual exploits and eventually progressed to sexual contact. The report does not disclose the identity of the subordinate. At one point, the subordinate claimed that Kees asked for a kiss in an elevator and implied that he had control over her promotions. Kees denied making this comment. The relationship ended shortly after this incident.
During his time as U.S. attorney, Kees worried that the revelation of his misconduct could cost him his position. He even attempted to prevent the firing of another employee who had committed additional acts of misconduct to divert attention away from his own wrongdoing.
The report also highlights how Kees’s improper relationship influenced his decision-making within the office. It states that he advocated for a two-week suspension instead of termination for an employee with a history of misconduct because he feared that the employee would expose his past relationship. In meetings discussing disciplinary matters, two employees alluded to Kees’s previous relationship, which he perceived as a threat.
Despite these revelations, Kees was appointed by Arkansas Attorney General Tim Griffin to the Judicial Discipline and Disability Commission in 2023. This commission oversees the ethics of all Arkansas judges, from the state Supreme Court down to local magistrates. Griffin claims that he was unaware of the allegations against Kees at the time of his appointment and is currently reviewing the report. However, a spokesperson for Griffin announced that Kees will be resigning from his position on the commission.
Kees’s appointment to the commission raises concerns about the integrity of the oversight process for Arkansas judges. It is troubling that someone with a history of ethical misconduct is now responsible for judging the ethics of others. This situation highlights the need for a more thorough vetting process when appointing individuals to positions of authority.
The Justice Department inspector general concluded its investigation into Kees’s misconduct in November 2021 and released a summary of the findings in January 2022. However, media coverage of Kees’s resignation did not mention the misconduct investigation, only stating that he was leaving federal service to work as a top lawyer at Tyson Foods.
Overall, this case raises questions about accountability and the potential for conflicts of interest within the justice system. It is crucial to ensure that those responsible for upholding ethical standards are themselves held to the highest standards of conduct.
