A Federal Way judge will get more time to block release of documents about his oversight of the Municipal Court and his role in fostering a work environment being investigated as hostile.
On Tuesday, a state appeals court commissioner put on hold a King County judge’s ruling, which had declared that records and e-mails involving Federal Way Municipal Judge Michael Morgan could be released to The News Tribune.
Next up: the state Court of Appeals, which isn’t expected to rule for 12 to 18 months. That’s the typical time it takes a case to work its way through the appellate court, although cases can be expedited.
Morgan has been in the spotlight since the December resignation of his former judicial colleague, who allegedly had an intimate encounter with a public defender.
Commissioner Mary Neel ruled Tuesday that a hostile workplace investigation, as well as two e-mails, will remain sealed while the state court decides on Morgan’s appeals of the previous court rulings.
Neel noted that if the documents were made public now and Morgan went on to prevail at the appellate court level, his victory would be meaningless.
“I do not minimize the importance of the public’s right to access, but if a stay is not granted, the fruit of a successful appeal will be lost,” Neel wrote. “A panel of three judges should have the opportunity to consider these important issues on the merits.”
King County Superior Court Judge Kimberley Prochnau ruled March 19 that the investigative report could be released to The News Tribune because it was not subject to attorney-client privilege. Morgan had sued City Attorney Pat Richardson to block her from releasing the report to the newspaper.
Prochnau also ruled that two e-mails from Morgan could be unsealed. Morgan sent one e-mail to a court staff member who forwarded it to Richardson. He sent the other e-mail to Richardson, and he then forwarded it to City Council member Linda Kochmar.
Morgan contends that all the documents are subject to attorney-client privilege.
Prochnau put her rulings on hold to give Morgan time to appeal and file for another stay.
In his dispute with the city, Morgan cited “highly publicized events” surrounding the resignation of his ex-colleague, Municipal Court Judge Colleen Hartl.
Hartl resigned Dec. 19 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.
Steve Maynard: 253-597-8647