When the state Supreme Court takes a couple days to unanimously rule against you, it’s a safe bet you didn’t have much of a case.
Such was the fate last week of a lawsuit to prevent the public from seeing a report on the inner workings of the Federal Way Municipal Court.
Judge Michael Morgan spent 15 months trying to keep what is known as the Stephson report from seeing the light of day. Now we know why.
Amy Stephson is a Seattle attorney who specializes in on-the-job harassment and hostile work places. The City of Federal Way hired her in January 2008 to investigate claims that something was seriously amiss in the municipal court.
This newspaper requested a copy of her report shortly after it was completed the following month. City officials were about to release it when Morgan – citing legal theories that clearly didn’t carry the day – filed suit to keep it secret.
It is secret no longer. The public can now read Stephson’s unflattering depiction of the way Morgan treated several court clerks and other city employees. According to her, they were subjected to tirades, profanity, bullying or demeaning comments.
Stephson found that Morgan “apparently runs his courtroom well.” Court administration was another story. The court had serious problems before he was elected judge four years ago; Stephson said he made things worse: “The result of Judge Morgan’s behavior is a staff that is stressed, fearful, and unhappy.”
Now that Stephson’s report is out, Morgan is fighting back. He argues, among other things, that she relied on hearsay and bought into false allegations. In a statement issued Monday, he said he “saw a need to change the culture of our court” and did that by bringing in management experts.
It would be reassuring if the judge were accepting more responsibility for what was going wrong. Stephson may have made mistakes in her investigation, but she has many years of experience in this field. It’s unlikely she was gulled by all of his critics.
Things would be much worse if Morgan were a decent administrator but an abysmal judge. If the opposite has been true, the damage to the court has been limited.
But his aggressive efforts to bury the Stephson report have been a threat to the larger public interest. As the Supreme Court ruled Thursday, this was clearly a public document and the public had every right to see it.
Sunlight is the best antidote to misconduct in government. This case illustrates how often public documents are suppressed for no better reason than to save a government official from embarrassment.
In the end, Morgan’s lawsuit hurt himself as well. Had the Stephson report surfaced when it was completed, in February 2008, he would have had plenty of time to rebut it and point to his courtroom performance.
As it is, Stephson’s account will bedevil his struggle for re-election this summer. That may be rough justice for his attempt to deny his constituents this inside view of their municipal court.
JOIN THE DISCUSSION | Register here
We welcome comments. Please keep them civil, short and to the point. ALL CAPS, spam, obscene, profane, abusive and off topic comments will be deleted. Repeat offenders will be blocked. Thanks for taking part — and abiding by these simple rules. A thorough explanation of rules of conduct can be found in our Terms of Service. If you have any questions, including why your comment may not be showing immediately after you submit it, be sure to visit the commenting FAQ.