Judge’s lawsuit costs Federal Way almost $80,000 so far

The past year has dealt its fair share of controversy and turmoil to the Federal Way Municipal Court.

And while employee relations appear to have regained balance, Presiding Judge Michael Morgan continues to feud with the city over legal costs linked to a report on the court’s workplace environment.

An investigation of the court’s environment began when former judge Colleen Hartl resigned Dec. 19, 2007, after having a brief affair with a public defender who appeared before Hartl representing clients in her courtroom. At the time of her departure, Hartl claimed Morgan fueled a hostile workplace environment.

Morgan and the city agreed to look further into her claims. An outside attorney was hired to prepare a report on the court’s proceedings. Before the investigation was completed, Morgan called for it to cease. The city disagreed with his actions and the investigation continued. The final product, dubbed the “Stephson Report” (named after the attorney who conducted it), remains at the center of the legal battle that has cost Federal Way thousands of dollars.

To date, the city has spent $79,756 in fighting the lawsuit. Most of the fees are a result of preparing for court proceedings. The city argues the report should be released for public viewing. Morgan argues the city has no governance over the court and the investigation should have been ceased when he asked it to be. Morgan further claims city attorney Pat Richardson was representing him at the time the report was issued and attorney-client privileges classify the results as private. Morgan is suing the city to keep the records sealed.

King County Superior Court Judge Kimberley Prochnau ruled March 19 that the report is not subject to attorney-client privilege and can be released; Morgan immediately filed an appeal.

Because each suit plays itself out uniquely, it cannot be said that this lawsuit is costing more than it should, Richardson said.

The city is represented in the case by Seattle’s Foster Pepper attorneys at law.

Ramsey Ramerman, the Foster Pepper attorney representing the city, said in late September that he expected the Court of Appeals to reach a decision in the next six months.

“This is a case where the city is working and trying to be as transparent as possible to the public,” Ramerman said in September about the lawsuit. He said Federal Way does not have a right to recover additional attorney fees on appeal, and that the city can only recover about $36,000 in attorney fees — the amount originally sought before the appeals.