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Colorado Colorado Supreme Court Releases Memo Citing Examples of Sex-Discrimination, Judicial Misconduct That Led to Alleged

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Colorado Colorado Supreme Court Releases Memo Citing Examples of Sex-Discrimination, Judicial Misconduct That Led to Alleged Colorado Colorado Supreme Court releases memo citing examples of sex-discrimination, judicial misconduct that led to alleged contract for silence denverpost.com · by David Migoya February 9, 2021 https://www.denverpost.com/2021/02/09/colorado-supreme-court-memo-sex-discrimination- harassment-lawsuit/ Destruction of evidence, payoffs to keep harassment victims silent and repeated efforts to simply look the other way are among dozens of allegations of judicial and official misconduct that have permeated the highest reaches of Colorado’s Judicial Department for years, according to an internal memo obtained by The Denver Post that threatened to divulge it all. The two-page memo lays out what former Judicial Department chief of staff Mindy Masias was prepared to make public — reaching all the way to the state’s Court of Appeals and its Supreme Court — in a sex- discrimination lawsuit if she was fired, former State Court Administrator Christopher Ryan told The Post. The memo alleges Masias was told to destroy a letter anonymously alleging sexism and harassment against the chief justice and another high-ranking employee; that “per the chief justice” a law clerk to the Court of Appeals was given a settlement agreement after she made harassment allegations in order to keep a jurist “safe” during selection to the Supreme Court; that the chief justice “took no action” against a district judge who sent pornography over judicial email and was later appointed as a chief judge in a judicial district. It also lays out how female employees are mistreated, ignored or simply terminated at rates far higher than men. Even the chief justice told Masias in a secretly taped meeting that women “need to dress less like a woman and more like an attorney on 17th Street.” The high court chose Monday to release the memo it had earlier refused to make public and called for its own independent investigation into its contents. “We believe this is the correct course of action – both to determine any actual wrongdoing and to clear those wrongly accused,” the court said in a memo sent Monday night by Chief Justice Brian Boatright to judges and judicial employees statewide. The memo is at the core of a controversy in which Ryan – who held the highest-ranking non-judicial position in Colorado’s court system – told The Post that Masias was given a lucrative contract to avoid her making public the contents of the memo. Masias received the $2.5 million five-year contract to provide the department with judicial leadership training in early 2019 despite facing firing over financial irregularities, Ryan said. The deal was approved by then-Chief Justice Nathan “Ben” Coats and later canceled after a Denver Post investigation uncovered the contract and how it was awarded. The details behind the contract, however, were first revealed by The Post last week, and the memo released late Monday. The memo authored by former human resources director Eric Brown, lays out 27 bullet items that include instances where, among other things, “judges were NOT held to the ‘tone at the top’ but who violated policy significantly,” and similar conduct by other top-level managers. It included a judge who sent a pornographic video over judicial email. “The video depicts a woman performing sexual acts on a bald man’s head” and the judge “suffered no repercussions,” the memo alleged, saying the matter was turned “over to the Chief Justice who took no action.” In another it said a “judge exposed and rubbed his hairy chest on a female employee’s back” and no action was taken. The unnamed judge, “is currently being considered for the senior judge program.” The memo was authored in December 2018. In a one-page email to judges and judicial department personnel statewide Monday night, the state Supreme Court said the seven justices reviewed the document for the first time Monday and decided to turn it over to Colorado Auditor Dianne Ray’s office for an inquiry it is conducting, as well as call for a separate investigation. “We are retaining the services of an outside investigator to conduct an independent review of all the allegations mentioned in the memo,” the court’s email says. “We will also ask the investigator to make recommendations as to any actions needed regarding the incidents alleged and to offer suggestions to support our ongoing efforts to improve our handling of personnel matters.” Ryan resigned amid a Denver Post investigation into the Masias contract, which Ryan canceled before stepping down. The contract was given to Masias’ company, The Leadership Practice, after officials in the court — including then-Chief Justice Nathan “Ben” Coats — agreed to the deal, forgoing any tell-all lawsuit, according to Ryan. Court officials have denied the deal was a quid-pro-quo and meant to silence anything Masias hoped to reveal. “We steadfastly deny that the decision to enter into a contract with The Leadership Practice was motivated in any way by a desire to keep information about the department quiet,” the justices said in Monday’s email sent by Chief Justice Brian Boatright at 7:12 p.m. Boatright replaced Coats when he retired Dec. 31, 2020. “In their categorical denial last week, the Judicial Department stated that the Supreme Court was fully aware of all related facts as they unfolded over the last two years,” Ryan said late Monday. “Now tonight, the court issued a statement indicating that they decided to release the memo after viewing it for the first time. With this acknowledgment, I am astounded that they can continue to steadfastly deny any connection between the memo and the issuance of that contract.” The Colorado Attorney General’s Office for weeks refused The Post’s requests to release the memo, saying it was protected from disclosure. The Judicial Department operates under its own rules of public records apart from the Colorado Open Records Act, which applies to the remainder of state government. Ryan characterized the conduct as “gut-wrenching” and “reprehensible.” 2 “Once again, I stand by the statements I have given and look forward to any investigation uncovering all of the details,” Ryan said. The memo also outlined unpunished misdeeds apart from judges. It describes how a probation department official took a “picture of penis and sends to vendor; no disciplinary action taken,” as well as a probation official having “sex with a vendor on state time and on state property who later complains she felt she had to in order to keep her job; no disciplinary action taken.” It said two judges faced Equal Employment Opportunity Commission complaints, and when Masias recommended to a chief judge that it was “in the best interest of the branch” to fire an employee “due to sexual relationships he had with his staff,” the judge “stated that Mindy needed ‘to leave the courthouse and drive slowly out of town.'” Masias faced firing over financial irregularities in late 2018, but instead she was granted more than $35,000 in sick time and other time off she took, as well as the training contract. Ryan came forward with details behind the contract after a state audit of the State Court Administrator’s Office put much of the blame on him and offered little in terms of details surrounding the contract. Coats, Masias and Brown have not spoken publicly about Ryan’s assertions. “We believe this is the correct course of action — both to determine any actual wrongdoing and to clear those wrongly accused,” the Supreme Court memo said. “We feel strongly that this transparency, coupled with an independent investigation, is the best way to review every allegation and ensure that any lingering issues are addressed.” The memo released Monday also outlines details from a secret tape recording Masias made of then- Chief Justice Nancy Rice explaining why Masias, then the department’s chief of staff, was not hired for the top administrator’s job. The memo quotes Rice saying several reasons why Masias didn’t get the job including: “You don’t look the part;” “You’re a small woman;” “There’s sexism out there still, even in the government. If you don’t think there is, you’re wrong.” The memo also pointed out a number of discrepancies with how men and women are treated in the department, including: How Masias was the only woman to hold one of seven division director positions; how 73% of all terminated employees are women; how women were promoted at slower rates than men despite higher performance ratings; how the court refused to create an affirmative action plan. Masias “was told by Chief Judges she needed to seek their permission to conduct harassment and discrimination investigations in (judicial) districts,” the memo notes. “This directive was given in order to suppress complaints.” 3 Colorado Judicial discipline largely handled in “darkness” in Colorado, with most states offering greater transparency denverpost.com · by Noelle Phillips February 14, 2021 https://www.denverpost.com/2021/02/14/colorado-judicial-discipline-compare-other-states/ The three-minute video posted on the Florida Supreme Court’s website shows the moment a judge, dressed in her black robes, put her hands on the shoulders of a courthouse employee and briefly shook him. The video, along with 62 documents that outline the judicial misconduct case against Circuit Judge Vegina T. Hawkins, became public record in July 2019 once the Florida Judicial Qualifications Commission began formal disciplinary proceedings against the judge. Hawkins lost her re-election bid in 2020, and the disciplinary case was dismissed. But as the case wound through the state’s formal disciplinary process, the public could follow along. Florida is one of 26 states where confidentiality for a judge accused of misconduct ends once formal charges are filed by a disciplinary commission.
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