On Friday, January 17, 2025, Kitsap Sun reported that Bremerton Municipal Court Judge Tracy Flood has been suspended from her position, effective immediately, following a ruling by the Washington State Commission on Judicial Conduct (CJC). The commission has also recommended her removal from the bench by the Washington State Supreme Court.

This decision comes after a lengthy disciplinary process that began in 2023, centered on allegations regarding Flood’s treatment of court staff. The CJC found that Flood violated multiple codes of judicial conduct, stating that she failed to recognize the seriousness of her actions and their impact on her staff and the court’s operations. The commission expressed concerns that returning her to the bench could result in continued harmful behavior toward court personnel and the public.

Initially, during the fact-finding hearing in October 2024, disciplinary counsel suggested a suspension of six to nine months rather than outright removal. However, the commission’s final ruling diverged from that recommendation, highlighting the severity of Flood’s misconduct.

Flood made history in 2021 as the first Black woman elected as a judge in Kitsap County. The disciplinary case against her was initiated in July 2023 after numerous complaints from court staff members, some of whom had already left their positions. These complaints accused Flood of treating them disrespectfully and condescendingly.

The allegations of misconduct contributed to a significant turnover in the municipal court staff, including the resignation of three court administrators. Former staff members, including Jennefer Johnson and Serena Daigle, have filed lawsuits claiming that Flood fostered a hostile work environment and discriminated against them based on their disabilities. Additionally, Steven Desrosier, a former therapeutic coordinator, alleged that Flood retaliated against him prior to the fact-finding hearing.

The CJC’s ruling detailed significant failures in court operations under Flood’s administration. These included mismanagement of court funds, delays in docket entries, and failures to timely inform law enforcement of court actions. The panel noted instances where competency orders were not fulfilled, leading to one individual remaining in custody for an extended period without necessary action, and another individual being wrongfully arrested due to unprocessed bench warrants.

Flood admitted to violating several codes of conduct during the proceedings, acknowledging her inappropriate treatment of staff members. The CJC documented instances in which Flood shouted at employees, spoke condescendingly, and exhibited impatience with court personnel. Her behavior reportedly led to a toxic work environment that caused multiple staff members to resign.

Despite admitting to some misconduct, Flood and her legal team have maintained that the backlash against her was influenced by racial bias. They argued that her staff’s complaints stemmed from a discomfort with being directed by a Black woman, invoking the stereotype of the “angry Black woman.” However, the commission found insufficient evidence to support these claims, emphasizing that while racism plays a significant role in the justice system, it did not excuse Flood’s behavior.

The CJC acknowledged the challenges faced by Flood as a pioneering Black judge but maintained that her conduct fell short of the standards expected of a judicial officer. The commission emphasized the importance of public confidence in the judiciary and concluded that Flood’s actions undermined that confidence.

As a result of the suspension, Bremerton now finds itself without a municipal court judge. Mayor Greg Wheeler indicated that a meeting would be held to discuss the next steps for the city’s judicial leadership, although he did not provide details on what measures would be taken to address the vacancy.

 

 

Source: Kitsap Sun