Investigation of the "Memo's" allegations

The allegation from the "Memo":

Charge:

Investigation:

Result:

"Ultimately, there was no investigation conducted or any other response to the letter."

The records were destroyed.

"Matters were left to the Chief Justice--the person complained about--to manage."

"Complaints about any respondent, no matter how highly placed, should be independently assessed and investigated if they implicate the organization's legal obligations to maintain a harassment free workplace for employees. This is particularly true where, as here, an organization intends to send the message that no one employee or judicial officer is above the law."

The allegation from the "Memo":

Charge:

Investigation:

Result:

"Not Substantiated" ?

Pornographic email confirmed to exist. Accused denied sending.

Investigator accepted this but failed to explain how HR had a copy of the email if it was never sent.

Accused was promoted.

The Judicial Department's human resources leaders (Masias and Brown) alleged in the "Memo" that their report was covered up.

Yet, the Supreme Court's investigator reasoned that the absence of the investigative report (the one allegedly covered up) meant HR (the people alleging the coverup) determined the complaint was unfounded.

Is this credible reasoning?

The allegation from the "Memo":

Charge:

Investigation:

Result:

The allegation from the "Memo":

Charge:

Investigation:

Result:

Judge was disciplined for harassment

Judge was approved for senior judge program even though a harasser.

"Not Substantiated"

Side story on this charge

The judicial department was caught in its false claim that the judge was accepted for the senior judge program in ignorance of the harassment charge and discipline.

The allegation from the "Memo":

Charge:

Investigation:

Result:

Supreme Court specifically barred its investigators (ILG) from looking into this incident

The allegation from the "Memo":

Charge:

Investigation:

ColoradoJudges.org

Investigation of the "Memo's" allegations

The allegation from the "Memo":

Charge:

Fail to investigate

Destroyed records

Investigation:

The central witness was unavailable to the investigator and had a nondisclosure agreement.

​

Many copies of the complaint existed and were circulated to many for discussion. However, no record of the complaint remains in existence to examine.

Result:

"Ultimately, there was no investigation conducted or any other response to the letter." The records were destroyed. "Matters were left to the Chief Justice--the person complained about--to manage."

The allegation from the "Memo":

Charge:

Judge emailing pornography

Chief Justice did not address and promoted person.

Investigation:

A central witness unavailable to investigator, had NDA

Result:

"Not Substantiated" ? Pornographic email confirmed to exist. Accused denied sending. Investigator accepted this but failed to explain how HR had a copy of the email if it was never sent. Accused was promoted.

The allegation from the "Memo":

Charge:

Suppressing harassment complaint during supreme court application process

Signing accuser to a release

Investigation:

Both central witnesses were unavailable to the investigator.

Both witnesses had signed nondisclosure agreements.

Result:

Accusation was made

Accuser sent away during application process

Accuser was demoted, treatment "appalling"

Accuser paid to sign an NDA

Justice said he heard from Masias that accuser recanted

Accusation never revealed to Judicial Nominating Commission

Accusation labelled as "Not Substantiated"?

The allegation from the "Memo":

Charge:

No action taken against judge for harassment

Despite harassment, judge considered for senior program

Investigation:

A central witness unavailable to the investigator, had a nondisclosure agreement

Result:

Judge was disciplined for harassment Judge was approved for senior judge program even though a harasser. "Not Substantiated"

Side story on this charge

The judicial department was caught in its false claim that the judge was accepted for the senior judge program in ignorance of the harassment charge and discipline.

The allegation from the "Memo":

Charge:

Two supreme court justices accused of racial discrimination​

​

Implication in Memo that justices are not being held accountable

Investigation:

None

Result:

Supreme Court specifically barred its investigators (ILG) from looking into this incident

The allegation from the "Memo":

Charge:

A chief district judge tried to block investigations in his district

Investigation:

A central witness whom the judicial department had paid for a nondisclosure agreement was unavailable to the investigator

Result:

Mixed. Statement made but core allegation of blocking investigations was "Not Substantiated"

"Ultimately, there was no investigation conducted or any other response to the letter."

The records were destroyed.

"Matters were left to the Chief Justice--the person complained about--to manage."

"Not Substantiated" ?

Pornographic email confirmed to exist. Accused denied sending.

Investigator accepted this but failed to explain how HR had a copy of the email if it was never sent.

Accused was promoted.

Judge was disciplined for harassment

Judge was approved for senior judge program even though a harasser.

"Not Substantiated"

Two supreme court justices accused of racial discrimination

Mixed.

Statement made but core allegation of blocking investigations was
"Not Substantiated"