Report investigating hostile workplace allegations at Federal Way court can go public

A King County Superior Court judge ruled Wednesday that a report investigating employee allegations of a hostile workplace in Federal Way Municipal Court can be released to The News Tribune.

Judge Kimberley Prochnau issued a one-week stay on her ruling so Municipal Court Judge Michael Morgan, the focus of the investigation, can decide whether to pursue his injunction with the state Court of Appeals.

Prochnau ruled that the investigation by a lawyer hired by the city wasn’t exempt from the state’s public disclosure laws.

Morgan said after the ruling that he hadn’t decided whether to ask the Court of Appeals to put the ruling on hold. If he doesn’t, the report will be released.

“Obviously, it’s not the opinion that I thought was right under the law,” he said.

As the backdrop for his dispute with the city, Morgan’s court filings had blamed “highly publicized events” surrounding the resignation of his ex-colleague, Municipal Judge Colleen Hartl.

Hartl resigned in December after reportedly having an intimate encounter with one of her court’s public defenders, Sean Cecil – an encounter Cecil confirmed to the state bar association. Hartl reportedly talked about the encounter at a holiday party at her house in December but later denied having an affair.

City Attorney Pat Richardson said in court documents this week that “events at the holiday party resulted in the resignation of a Municipal Court judge and the Municipal Court’s administrator.”

The judge was Hartl. The court administrator was Gina Palermo, who resigned in February. Palermo’s lawyer, Sue Sampson, declined comment Wednesday.

James Beck, attorney for The News Tribune, was pleased with the ruling.

“Obviously it’s a sensitive issue, but the law favors disclosure, and hopefully the documents will be released promptly,” he said.

Morgan sued the city attorney to block her from releasing the report to the newspaper. He argued that it is exempt from public review because Richardson was acting as his attorney.

Prochnau ruled that Richardson was acting on behalf of the city and court, not Morgan individually; as a result, the hostile-workplace investigation by lawyer Amy Stephson was not subject to attorney-client privilege.

Morgan’s attorneys cited a recent controversial Washington Supreme Court decision as one reason the report should be exempt from public disclosure. The ruling protects lawyers’ notes and work products from being made public even when there’s no lawsuit, just a likelihood of one.

But Prochnau didn’t agree that the case applied. However, she disqualified Richardson from representing the city and its Municipal Court in this case. Morgan’s lawyers argued that the city attorney has a conflict of interest.

Richardson said she sought Morgan’s cooperation in the hostile-workplace investigation because in March 2007 he prohibited court employees from cooperating with “an early investigation into accusations against him.” Morgan tried to terminate the latest investigation Feb. 5 after Stephson interviewed him and cautioned him about speaking to court clerks about the investigation, Richardson said.

She said Morgan also tried to discipline a clerk for calling Stephson during work hours.

Morgan said Wednesday that he took those steps because he believed the state’s Commission on Judicial Conduct is the only authority designated by law to investigate allegations regarding the court.

The city disagreed.

The city hired another attorney to investigate alleged misconduct at the holiday party. The city didn’t release that report, citing attorney-client privilege. Morgan maintained that the investigation of the hostile work environment claim should also be protected.

Steve Maynard: 253-597-8647