A judge in Washington State who was suspended for creating a toxic work environment so severe it drove staff to contemplate self-harm has been cleared to seek judicial office again, after successfully arguing that criticism of her conduct was racially motivated.
A Trail of Distress and Departures
Judge Tracy Flood was removed from her position at the Bremerton Municipal Court in January 2023 following an investigation by the Commission on Judicial Conduct (CJC). The probe found compelling evidence that she failed to treat court staff and attorneys with patience, dignity, and respect.
The CJC's report detailed harrowing testimonies from employees. Former legal technician Serena Daigle stated the humiliation and stress inflicted by Judge Flood led her to consider self-harm, forcing her to leave the court to protect her wellbeing. In her resignation letter, she described facing "unlawful and unwarranted treatment" and accused Flood of waging "psychological warfare".
Another long-serving probation officer, Ian Coen, testified to being demeaned and belittled "as though I was a child". The stress caused him to lose sleep and suffer from depression and anxiety, culminating in a tragic moment where his wife found him crying on the floor of their garage. The CJC noted that 19 employees left the court during Flood's brief tenure, including seven hired by her predecessor and twelve she appointed herself.
The Defence: Allegations of Racial Bias
Judge Flood, who was the first Black person elected to a judicial office in Bremerton, mounted a vigorous defence. She and her attorneys contended that the allegations were rooted in conscious or subconscious racism within a predominantly white court environment resistant to her leadership.
The Washington State Supreme Court, in its unanimous decision to reject the suspension, acknowledged this argument. Their ruling stated that pushback from staff could be attributed to racism, noting Flood led a court where some were "consciously or unconsciously resistant toward change in court administration and critical of her leadership as a black woman". One staff member, Therapeutic Court Coordinator Faymous Tyra, testified he felt he had to "walk on eggshells" due to racial divisions.
Court Overturns Removal, Imposes New Sanction
In a significant reversal almost a year after her removal, the Washington State Supreme Court unanimously ruled that censure and removal were "not an appropriate sanction". The court set aside the CJC's recommendation.
Instead, the court imposed a further one-month suspension without pay. Crucially, it ruled that Judge Flood may return to a judicial position after 30 days, provided she completes an approved coaching programme. However, she will not return to Bremerton Municipal Court, having decided not to run for re-election last year. She has been replaced by Judge Tom Weaver.
The CJC had previously rejected the idea that institutional racism explained the exodus of staff, stating: "Institutional racism does not cause a judge to belittle, demean, and drive away two full sets of court staff". Despite this, the Supreme Court's decision has paved the way for her potential return to the bench elsewhere.
