Tolerating Toxicity Gets Court Of Appeals Judge Censured
A public censure has been imposed on a Court of Appeals judge by the North Carolina Supreme Court.
The judge had hired a longtime and close personal friend to supervise his law clerks, resulting in a toxic work environment
Mr. Tuite also regularly used profanity during the workday, belittled others and used fear and intimidation while interacting with and supervising the law clerks. Mr. Tuite frequently used the word “fuck” and referred to female law clerks on more than one occasion as “bitch” or “bitching.”
The judge knew about and implicitly condoned the behavior as well as Tuite’s dishonesty and lack of diligence
After learning of Mr. Tuite’s dishonesty and lack of diligence on multiple occasions, Respondent failed to address these issues directly with Mr. Tuite…
during a cold workday while outside with Ms. Suber, Mr. Tuite stated that he would like to see her in a “wife beater” tank top and shorts on a cold day. Mr. Tuite, on or about the following day, asked Ms. Suber to come into Respondent’s office (when Respondent was away from the office), kept the lights off and sat down beside her and told her that he “was married but not blind” or similar words in an apparent attempt to apologize for the inappropriate sexual remark from the previous day. Ms. Suber was offended and upset by the inappropriate and suggestive sexual remarks and non-apology when they occurred, felt unsafe as a result and feared it would occur again.
And
On another occasion, during the summer of 2017, while reviewing a female law clerk’s application, Mr. Tuite intentionally and in the presence of Respondent, Ms. Suber and Ms. Scruggs, repeated derogatory and belittling online comments about the female applicant comparing her breasts to “fun bags.”
Several other workplace transgressions are described by the court.
In response to the complaint
Respondent downplayed, minimized and mischaracterized Mr. Tuite’s workplace misconduct in his December 3, 2017 email to Ms. Jabbar. Respondent did so because his conduct and judgment were influenced by his close personal friendship with and loyalty towards Mr. Tuite…
Notwithstanding Respondent’s knowledge of Mr. Tuite’s extensive workplace misconduct, from the period from December 1, 2017 until January 5, 2018, Respondent regularly assured his close personal friend Mr. Tuite and indicated to others that his employment at the Court of Appeals would continue. On December 1, 2017 and prior to ascertaining if Mr. Tuite had made any sexually inappropriate comments to Ms. Suber, Respondent assured his friend Mr. Tuite that his job was secure. Mr. Tuite again texted Respondent on or about December 4, 2017 and stated to Respondent that he was “glad you have my back.” On Tuesday, December 5, 2015, Mr. Tuite texted Respondent, to whom he referred to as “Dude,” and expressed concern for his job security. Respondent texted back and again reassured his close friend: “You are not losing your job. This sucks tremendously for everyone, especially given what I expect to be an easy resolution when the smoke clears.” On December 11, 2017, Respondent contacted Ms. Jabbar and informed her that he wanted Mr. Tuite to return to the office, to which Ms. Jabbar replied that Mr. Tuite “should not return to the office for any reason” until the investigation is complete. On January 4, 2018, Respondent also advised his chambers that he was planning for Mr. Tuite’s return to work and intended to move Mr. Tuite’s desk from the EA area into Ms. Scruggs’ private law clerk office in the hallway.
The court rejected the judge’s sufficiency of evidence contentions as well as his suggestion that he was being sanctioned for the conduct of Tuite
Respondent’s vindictive behavior toward Mr. Cooper immediately before and after his resignation violates these canons. Respondent was neither courteous nor dignified, nor did he require courteous or dignified behavior from his staff. Similarly, respondent’s failure to address Mr. Tuite’s inappropriate comments about a female applicant, angry outbursts, and frequent use of profanity against law clerks in the chambers amount to violations of Canons 3A(3) and 3B(2).
The Court recognizes that respondent was not immediately made aware of the entirety of Mr. Tuite’s misconduct in chambers. The incidents for which respondent was present, however, were sufficient to warrant corrective action with regard to Mr. Tuite. Instead, respondent continued to turn a blind eye. This shortcoming is not, as respondent contends, simply a matter of managerial style. Rather, it is a failure to recognize the gravity of Mr. Tuite’s sexually explicit language and profane and suggestive language directed toward respondent’s law clerks and the impact on the law clerks of such unprofessional behavior.
Progressive Pulse reported on the decision. (Mike Frisch)