This US attorney resigned amid an ethics investigation. Now he oversees the judges’ ethics.

Shortly after being sworn in, U.S. Attorney Duane “Dak” Kees began an inappropriate relationship with a subordinate, documents released by the Justice Department show. Just three years after he resigned from that post amid an investigation, Kees has landed another government position: a seat on a state commission that oversees the ethics of Arkansas judges, from the state Supreme Court to local judges .

A new Justice Department report released Tuesday sheds light on Kees’ conduct as the top federal prosecutor in the Western District of Arkansas. At the time, Kees feared that the revelation of his relationship “could cost him his job as U.S. attorney.” He even tried to prevent the firing of another employee who had committed “further misconduct” to avoid shining a spotlight on his own misconduct.

The relationship lasted about seven months, the documents show, and began with exchanging flirtatious stories of sexual exploits. This gradually led to sexual contact. Kees and his colleague argue about who took the initiative. The Justice Department redacted the subordinate’s identity from the report.

Once, the subordinate said, when Kees asked for a kiss in an elevator and turned her down, he said, “You know I’m responsible for your promotions, right?” Kees couldn’t remember making that comment. says the report. According to the documents, their relationship ended shortly after that interaction.

“She said that she knew that Kees was going to call her into his office for a kiss when she heard him lower his metal blinds and that the sound of the metal blinds being lowered filled her with fear,” the report said.

Kees served as U.S. attorney from January 2018 until his resignation in January 2020, shortly after he was questioned by investigators about misconduct. According to the report, former President Donald Trump appointed Kees to lead the U.S. Attorney’s Office in Fort Smith even though he had no experience with the Justice Department. The Intercept could not reach Kees.

News coverage of Kees’ resignation did not mention the misconduct investigation, only noting that he was leaving federal service to work as a top lawyer at Tyson Foods.

According to the report, this continued to impact the way Kees ran the office even after the relationship ended, including a disciplinary decision on an employee with “numerous prior instances of misconduct.” The report does indicate the exact nature of the employee’s misconduct.

“Kees said he argued for a two-week suspension rather than termination of (redacted) because he feared that (redacted) would ‘take advantage’ of Kees’ previous relationship,” the report said. During meetings to discuss disciplinary matters, two employees “alluded to his previous relationship,” which Kees took as a threat to expose his own bad behavior.

“Kees put his desire for his relationship with (the subordinate) to remain secret over the best interests of the USAO,” the report summarizes.

The Justice Department’s inspector general completed its investigation in November 2021 and released an anonymized summary of the findings in January 2022.

In June 2023, Arkansas Attorney General Tim Griffin appointed Kees to the nine-member Judicial Discipline and Disability Commission, which monitors all of the state’s approximately 400 judges for “misconduct both on and off the bench.” His term lasts until 2029.

“Dak Kees brings an exceptional record of achievement and impressive credentials to the Arkansas Judicial Discipline and Disability Commission,” Griffin said in a press release at the time, citing Kees’ recent work as U.S. attorney. “Dak is an ideal addition to the Commission and I appreciate his willingness to help.”

The Justice Department’s findings of misconduct against Kees have no immediate impact on his appointment as a member of the Judicial Discipline and Disability Commission. The attorney general’s office and commission did not immediately respond to requests for comment.