On Wednesday, July 31, 2024, the Washington Commission on Judicial Conduct issued an order granting the disciplinary counsel’s request to subpoena a judge’s medical records in an ongoing misconduct case.
The order, authored by presiding officer Judge Erik Price, stemmed from the commission’s investigation into Bremerton Municipal Court Judge Tracy Flood. Judge Flood had been facing a misconduct hearing regarding misconduct allegations, originally scheduled for March 18, 2024. However, just days before the hearing, Judge Flood claimed to have serious medical issues that prevented her participation.
While the hearing was postponed based on Judge Flood’s representations about her health, she was repeatedly ordered to provide documentation substantiating the conditions. No records were submitted to the commission over the next four months, however. Judge Flood did continue performing her regular judicial duties, despite claiming her medical problems interfered with addressing the disciplinary case.
Due to the lack of evidence backing her health claims, which were presented as the reason for delaying proceedings, the disciplinary counsel filed a motion to subpoena Judge Flood’s medical information from providers. The judge’s counsel opposed the request, citing privacy laws, relevance, and burden. However, Judge Price authorized the subpoena after finding Judge Flood intentionally failed to cooperate with the commission’s investigation by not complying with multiple orders to verify her alleged conditions.
In his written order, Judge Price noted Judge Flood was still obliged under judicial conduct rules to cooperate with disciplinary authorities. The order detailed how Judge Flood provided only minimal updates about medical appointments, without specifics about diagnoses or treatment plans. No documentation like records or detailed doctor’s letters was submitted as required.
Judge Price also addressed Judge Flood’s request to seal several of her confidential submissions to the commission. While partially granting privacy for one medical record attachment, Judge Price denied secrecy for the majority of files, finding they did not warrant overriding public interests in transparency.
The July 31st order means the disciplinary counsel can now access Judge Flood’s health information directly from medical providers. However, Judge Price stated more subpoenas could be issued if her forthcoming update submissions through early September again lacked proper records. The long-delayed misconduct hearing remains scheduled for October.
Judge Flood’s courtroom is located at 550 Park Ave. Bremerton in Washington, and can be reached at 360-473-5260.
A copy of the original filing can be found here.
