Shortly after being sworn in, U.S. Attorney Duane “Dak” Kees engaged in an inappropriate relationship with a subordinate, as revealed by documents released by the Justice Department. Just three years after resigning from his position amid an investigation, Kees has secured another government role. He has been appointed to a seat on a state commission responsible for overseeing the ethics of Arkansas judges, from the state Supreme Court down to local magistrates. A new report from the Justice Department, released on Tuesday, sheds light on Kees’s conduct as the leading federal prosecutor for the Western District of Arkansas, The Intercept reports. At the time, Kees worried that the revelation of his relationship “could cost him his position as U.S. Attorney.” He even tried to block the firing of another employee who had committed “additional acts of misconduct” to keep his misconduct out of the spotlight. “Kees placed his desire for his relationship with [the subordinate] to remain secret over the best interest of the USAO,” the report summarizes. In a statement to The Intercept after the publication of their article, a spokesperson said Arkansas Attorney General Tim Griffin “was not aware of the allegations against Mr. Kees when he appointed him to the Judicial Discipline and Disability Commission” in 2023. “Attorney General Griffin is still reviewing the allegations in the report, but can disclose that Mr. Kees is resigning his position on the Judicial Discipline and Disability Commission,” the spokesperson said.
The improper relationship between Kees and his subordinate lasted approximately seven months, the Justice Department documents show, and began with exchanging flirtatious stories about sexual exploits. This gradually progressed to sexual contact. Kees and his co-worker dispute who initiated. Kees served as U.S. attorney from January 2018 until his resignation in January 2020, shortly after being interviewed by misconduct investigators. Coverage of Kees’s resignation did not mention the misconduct investigation, indicating only that he was leaving federal service to serve as a top lawyer at Tyson Foods. In June 2023, Griffin, the Arkansas attorney general, appointed Kees to the nine-member Judicial Discipline and Disability Commission, which oversees all of the state’s approximately 400 judges for “misconduct both on and off the bench.” His appointment lasts until 2029. “Dak Kees brings an extraordinary record of service and impressive credentials to the Arkansas Judicial Discipline and Disability Commission,” Griffin said in a press release at the time, noting Kees’s recent service as U.S. attorney. “Dak is an ideal addition to the Commission, and I appreciate his willingness to serve.”