ARKANSAS, USA — A newly released report alleges the Department of Justice launched an investigation into reported misconduct by former U.S. Attorney for the Western District of Arkansas Duane "Dak" Kees a month before he stepped down from his position in 2020.
According to the report, Kees was under investigation for engaging in an inappropriate relationship with a subordinate.
Since the report's release, Attorney General Tim Griffin has confirmed Kees resigned from his position on the Arkansas Judicial Discipline and Disability Commission, which Griffin appointed him to in June 2023. The commission is a nine-member panel responsible for investigating complaints about possible misconduct of Arkansas judges.
Jeff LeMaster, the public information officer for the Attorney General's Office, provided the following statement to 5NEWS:
"Attorney General Griffin was not aware of the allegations against Mr. Kees when he appointed him to the Judicial Discipline and Disability Commission. Attorney General Griffin is still reviewing the allegations in the report, but Mr. Kees has resigned his position on the Judicial Discipline and Disability Commission."
Although Kees is still listed as a commission member on the JDDC's website, his linked biography is no longer available.
Kees reportedly began an intimate relationship with the subordinate within a few months of being appointed by former President Donald Trump in January 2018. The report said the relationship lasted until September 2018.
"We concluded that Kees committed misconduct by engaging in an intimate relationship with a subordinate despite being warned by Department of Justice leadership at his U.S. Attorney orientation that the Department would not tolerate such relationships," the report said.
Although the policy does not outright prohibit relationships, it does require U.S. attorneys to notify the executive office so that problems such as favoritism, sexual harassment, or conflicts of interest can be avoided in the workplace.
The report said Kees participated in several employment decisions for the subordinate while in a relationship with her, including giving input on performance reviews and moving her to a position that increased her pay. After their relationship ended, documents said he was involved in the decision to transfer her, which docked her pay.
Kees also allegedly tried to avoid firing someone who had committed "numerous instances of misconduct." Out of fear of his misconduct getting out, the report said Kees advocated giving the employee a two-week suspension instead of termination.
Details of the report:
According to the report, both Kees and the subordinate admitted to engaging in an intimate relationship that progressed from flirting to "inappropriate conversations" in interviews with the Office of the Inspector General.
The woman said she resisted sharing personal sexual encounters with Kees but relented after he told her she had to because Kees was "the lead law enforcement officer." Kees denied making that comment.
During the interview, both Kees and the subordinate said the relationship became more physical, including inappropriate touching in the office and an encounter on a business trip.
When the alleged relationship began to subside, the woman reportedly began to decline Kees's advances. She told investigators that when she declined, Kees laughed and said, "You do know I'm in charge of your promotions right?"
The woman told investigators the comment was a "punch-in-the-gut." She said the encounter led her to stop any flirting with Kees and act "more professional" moving forward.
Kees reportedly told investigators he did not remember making the comment, but "he hopes that he would not have made such a comment."
He acknowledged that engaging in the relationship and failing to report it was "wrong."
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