Lawyers for Federal Way Municipal Court Judge Michael Morgan and the city argued Tuesday before the state Supreme Court about whether the report of an investigation into an employee’s claim that Morgan ran his court as a hostile workplace should be made public.
A 15-month legal feud over the document’s release boiled down to whether the Federal Way city attorney and the city’s outside investigator were representing the city or the court.
Morgan’s attorney, John Schochet, contended the document, called the Stephson report, is not a public record. And even if it were, Schochet said, the investigation is exempt from public release for several reasons, including attorney-client privilege and separation of powers between the executive and judicial branches.
Chief Justice Gerry Alexander asked Schochet why the city couldn’t investigate the court. Schochet argued that Morgan was under the “eminently reasonable” belief that City Attorney Pat Richardson and the outside investigator, Seattle attorney Amy Stephson, were both representing the court. He said that’s the reason Morgan consented to the investigation in the first place.
The city’s attorney, Ramsey Ramerman, said the document is subject to public disclosure. Ramerman said the city hired an investigator to “look out for the city’s interests and the court’s interests.” The law, he said, is not interested in helping Morgan “protect himself from the embarrassment about his own on-the-job conduct.”
LAWSUIT IN 2008
Morgan sued Richardson and the City of Federal Way in March 2008 to prevent her from releasing the report to The News Tribune. The city said it was obligated by law to release the document in response to a public records request from the newspaper.
Morgan is appealing King County Superior Court Judge Kimberley Prochnau’s ruling in March 2008 that the investigative report could be released to The News Tribune because it was not subject to attorney-client privilege.
Prochnau also ruled that two e-mails from Morgan to a court staff member and Richardson could be unsealed. Morgan appealed Prochnau’s ruling to the state Court of Appeals. The documents were to remain sealed until that court decided on Morgan’s appeal.
Morgan, 50, filed last week to seek re-election to a four-year term as one of the city’s two Municipal Court judges, which pays $134,623 a year. Five other candidates filed to run against him.
The News Tribune requested that the state Supreme Court take over the case and decide it in an expedited manner because of the pending election. The Supreme Court granted the newspaper’s request to take the case.
NOT EXEMPT, SAYS LAWYER
Attorney James Beck, representing The News Tribune, contended in Tuesday’s hearing that the Stephson report is a public record and is not exempt under state law. Beck said it is in the public’s interest for the report to be released to shed light on how Morgan, as an elected official, is using the public’s trust.
Beck asked the court to issue a written decision or order in advance of the Aug. 18 primary election. The justices often take up to several months before issuing a ruling.
Stephson interviewed Morgan and 10 court clerks before writing her analysis of whether there was a hostile work environment and what its causes were, according to Morgan’s Superior Court filing.
ANOTHER JUDGE INVOLVED
In his dispute with the city, Morgan cited “highly publicized events” surrounding the resignation of his ex-colleague, Municipal Court Judge Colleen Hartl.
“Arising out of these distractions and disturbances, apparently a clerk of the Federal Way Municipal Court communicated a claim of ‘ongoing stress/hostile work environment’ to the City of Federal Way,” according to Morgan’s 2008 petition to block the records release.
Hartl resigned Dec. 19, 2007. She was censured by the state Commission on Judicial Conduct in August 2008 for having a sexual encounter with a public defender, telling court workers about it while she was drunk at her own party, and then trying to conceal her misconduct.
Morgan was reprimanded by the conduct commission in December for swearing at the city’s police chief, making intimidating comments to court staff members, and making inappropriate jokes and comments to court employees.
Morgan was not present Tuesday afternoon for the oral arguments in the Temple of Justice courtroom in Olympia. Schochet said he was on the bench in Federal Way Municipal Court.
Steve Maynard: 253-597-8647
steve.maynard@thenewstribune.com
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