SEATTLE — In response to news stories that accused former Presiding Judge Susan Mahoney of using a racist slur, King County District Court issued a statement Thursday in which it says it “emphatically reaffirms its commitment to equality and to ending systemic racism.”
The statement comes days after a report by KNKX Public Radio in which emails and letters from fellow judges referenced Mahoney’s use a racist slur for Black people during a February meeting about possible discipline for a court employee. In the statement, newly-elected Presiding Judge Matthew York cited the state’s Judicial Code of Conduct, which says use of epithets or slurs is a manifestation of bias.
Though the release references news stories reporting Mahoney’s use “of racist language during a meeting,” it says the court cannot comment on specifics of the incident.
Mahoney announced she was stepping down as presiding judge on Feb. 24, after she allegedly used the racist slur. Since then, at least two district court judges have called on her to resign.
Neither the court nor the state Commission on Judicial Conduct, which is responsible for investigating complaints against judicial officers, will confirm or deny that an investigation has been opened into Mahoney’s alleged use of the N-word.
“The Judiciary has zero tolerance for racism, racist words, or discrimination of any kind,” York is quoted as saying in the statement. “King County District Court is responsible for providing equal access to justice for all, and our mission is to treat all persons with fairness and respect.”
In a statement earlier this month to The Seattle Times, Mahoney wrote that she was aware an accusation had been made against her, but said she hadn’t been provided with any details. She denied ever using a racist epithet or slur.
“I am committed to equity and social justice in our courts and in our society,” Mahoney said in the statement. “I have been and will continue to be a strong advocate for the removal of barriers that impede access to justice, for the eradication of the racially disparate or discriminatory treatment of any person, and for a restorative approach to criminal sentencing and the resolution of other disputes.”
But in the Sunday news story by KNKX, Mahoney contradicted that earlier statement and acknowledged using the N-word as an example of harmful hate speech in a meeting about another employee’s use of the term “Nazis.”
“Mahoney said she only used the full word after she detected confusion about what exactly she meant by ‘the N-word,’” KNKX reported.
Mahoney did not immediately respond to a voice message left for her Thursday afternoon.
King County District Court Judge Marcine Anderson wrote in a March 1 letter to Mahoney that Mahoney “must resign immediately” and said by remaining as a judge, Mahoney “taints everyone on this bench.” The Seattle Times obtained a copy of the letter, which is also cited in the KNKX story.
Anderson’s letter includes the slur Mahoney is alleged to have used.
“It sickens me to write that word, even in the context of this message, but I find it necessary to use your exact language for clarity — appalling language that fell from your lips with such ease and comfort that it might not have been the first time you spoke that word socially,” Anderson wrote. “It is shocking that you felt comfortable using this horrific slur when speaking to an African American woman in a group of credible witnesses.”
York said in Thursday’s news release that the court has taken steps to resolve the matter and that Mahoney will not supervise staff or appear in court until the matter is settled.
York noted that only the Commission on Judicial Conduct or voters can discipline a judge.
Mahoney, 58, of Federal Way, was first elected to the King County District Court bench in 2010 and ran unopposed in 2014 and 2018. Assigned to the court in Burien, Mahoney is up for re-election this year.
An April 6 request by The Seattle Times for emails and other administrative records related to Mahoney’s alleged conduct was denied earlier this week.
“Because the Washington State Commission on Judicial Conduct (CJC) requires that all complaints remain confidential, the Court cannot comment on specific allegations, including whether or not any judges are under investigation,” says the response from a district court spokesman.
“Additionally, when investigations are underway, ‘records are exempt in their entirety while the investigation is active and ongoing,’ “ the spokesman wrote, citing the Washington State Court’s general rule regarding release of judicial administrative records.
Another district court judge, who spoke on condition of anonymity so as not to be seen as undermining the investigation or due process, said she submitted an online complaint about Mahoney to the Commission on Judicial Conduct and sent Mahoney a letter, urging her to resign.
The judge said several weeks after Mahoney announced she was stepping down as presiding judge on Feb. 24, a full judges’ meeting was held, where judges learned of another racist comment that had been attributed to Mahoney. That raised concerns that her use of the racial slur wasn’t an isolated event, the judge said.
Mahoney is currently assigned to ex-parte civil matters — basically, handling non-discretionary paperwork that removes her from interacting with any litigants, the judge said.
