Federal Way Municipal Court Judge Michael Morgan was reprimanded Friday by a state panel for swearing at the city’s police chief, making threatening comments to court employees and discussing matters of a sexual nature with his staff.
The Commission on Judicial Conduct disciplined Morgan for “impatient, undignified and discourteous behavior” toward court and other city employees.
The elected judge made comments to employees that were, or could be perceived as, “disparaging, threatening or otherwise unbecoming a judicial officer,” according to the commission’s findings.
Morgan, 49, did not return phone messages from The News Tribune requesting comment. But he admitted to the commission that on a few occasions he raised his voice and swore, including yelling a profanity at Police Chief Brian J. Wilson. Wilson had no comment about the incident Friday.
Morgan also acknowledged discussing on a few occasions “matters of a personal and sexual nature” with court staff members. He said “many” of those conversations were within the context of his investigation of Judge Colleen Hartl, his former colleague.
Hartl resigned from the Federal Way bench a year ago and was censured by the judicial commission in August for having a sexual encounter with a public defender, telling court workers about it when she was drunk at her own party, and then trying to conceal her misconduct.
The panel’s reprimand of Morgan was an intermediate step stronger than an admonishment. The action was not as severe as a censure, like the one given Hartl, which may include a recommendation to the state Supreme Court to suspend or remove a judge.
The commission set down conditions requiring Morgan to undergo evaluation by a counselor and complete any recommended treatment. He must also take a course on judicial ethics.
Commission staff members will monitor whether Morgan fulfills the conditions of the agreement.
Morgan acknowledged making threatening or intimidating comments to court employees, communicating that he would fire them and replace them with clerks from the Superior Court system, according to commission documents signed by Morgan.
He also questioned why a clerk would challenge his authority, noting “all the dead bodies” in his court, according to the documents. And he admitted calling a former judge a “moron” in front of court staff.
The commission voted 10-1 to approve the reprimand Friday in a closed-door session in SeaTac. Morgan, who already had agreed to the reprimand, then appeared before the panel in an open session, where the order was read aloud.
The commission served Morgan with its allegations in April, after a confidential investigation. Morgan submitted a written response in June.
In that response, Morgan said he swore at the police chief and yelled at two court employees to show he was in charge and to assert the independence of the court.
The commission said it took into account that Morgan had been a judge for a relatively brief time, assuming office in January 2006. Some of the behavior occurred shortly after he became a judge. Morgan also self-reported some of his actions after the commission started investigating him.
Despite those mitigating factors, the commission ruled Morgan’s actions violated the state Code of Judicial Conduct, including canons requiring judges to be “patient, dignified and courteous to all persons” they encounter in their jobs.
Morgan manages the Federal Way Municipal Court and its 14 employees as its presiding judge. He was elected in November 2005 to a four-year term that expires Dec. 31, 2009.
The court’s other judge, Dave Larson, was appointed in February to fill out Hartl’s term through 2009.
Morgan and Larson each earn $134,622 a year, the second-highest base salary among City of Federal Way employees behind City Manager Neal Beets’ annual salary of $144,012.
Larson said the events investigated by the Commission on Judicial Conduct occurred prior to when he joined the court. “It would be irresponsible for me to comment,” Larson said Friday. He said Morgan has “been nothing but supportive of me.”
Federal Way Mayor Jack Dovey said he hadn’t read the commission’s report released Friday, but praised the process.
“It’s good to get everything out in the air and heal and then everyone works harmoniously together,” Dovey said.
“We’ve had some issues,” the mayor said. “We’ve got two good judges, and we’re all grown-ups.”
Steve Maynard: 253-597-8647
newspaper’s records case moves ahead
The state Supreme Court on Friday granted The News Tribune’s request to take up a case involving Federal Way Municipal Court Judge Michael Morgan.
Morgan is trying to block the release of investigative documents about his role in fostering an allegedly hostile workplace. Morgan also is appealing the release of e-mails involving him. He contends all the documents are protected by attorney-client privilege.
Twice this year, The News Tribune has asked the Supreme Court to transfer the case from the state Court of Appeals and decide the case in an expedited manner. Lawyers for the newspaper have contended the public should be able to see the documents before Morgan can seek re-election in 2009.
While agreeing to take the case, the Supreme Court has yet to rule on the newspaper’s motion for an expedited decision. The court said there will be oral arguments on that request at a later, yet-to-be-scheduled date.
Steve Maynard, The News Tribune
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