Oakland County Probate Judge Kathleen Ryan was initially removed from her Aug. 27 docket for undisclosed reasons, but after a whistleblower revealed allegations of racist and homophobic remarks made during phone calls with Ryan, the reasons were brought to light.
According to The Guardian, Edward Hutton, an administrator for the court, secretly recorded calls that he had with Ryan, calls on which he heard her calling Black people lazy and using an anti-gay slur toward David Coulter, the county’s highest elected official, who is a gay man. In Michigan, it is legal to record private phone conversations if at least one party consents, and Hutton consented.
Hutton told WYXZ-TV that although Ryan has harassed him for years, the whistleblowing is not about him; he wants to protect those who enter the courtroom from her. He also told the outlet that he feels it’s a David and Goliath situation where the judge maintains all the power and leverage.
“I just felt like it wasn’t going to change,” Hutton told the outlet. “Nothing’s manipulated and it’s conversations that I was a part of. It’s something that I anticipate at some point I’ll probably have to testify to under oath, and I’m absolutely willing to testify to the authenticity of every single one of them [the recordings].”
Hutton continued, “I didn’t want to lose my job and I didn’t want to be in her crosshairs. It’s such a David and Goliath situation. I don’t have the power. I’m not elected. I could get fired tomorrow. I just want to make it right. I haven’t filed a lawsuit. I’m not looking for a payday. I want to keep my job and do it in peace. And I want the people in Oakland County that come to court to get a fair shake, to have their day in court, to have an unbiased trier of fact.”
When Hutton sent the recordings to the Chief Justice of the Michigan Supreme Court, Oakland County Executive Coulter, other public officials, and reporters at WYXZ-TV, he included a message to those officials in an email that Ryan “has vocalized her hate and contempt for various protected groups…I have attached recordings of statements made by Judge Kathleen A. Ryan that make her hate and bias plainly evident. I don’t want to lose my job, I just want to do the right thing.”
Ryan was relieved from overseeing cases on her docket after the recordings were shared with officials, and she has been placed on administrative leave with pay pending an investigation.
Coulter released a statement indicating he expects Ryan to be thoroughly investigated by the agencies whose job it is to review the conduct of judges and that there is no place for harassment, racism, or hateful speech by anyone employed by Oakland County.
“There is absolutely no place for harassment of any kind or for racist or homophobic language by anyone at Oakland County, especially by someone the public must be confident will act fairly and impartially. The alleged conduct and abhorrent comments made by Judge Ryan merited her removal from the Probate Court docket pending further investigation. I have confidence that the agencies reviewing this matter will treat it with the seriousness it deserves and will take further action if warranted,” Coulter said.
Michigan Attorney General Dana Nessel also released a statement after the news outlet’s story aired, indicating that the allegations about Judge Ryan’s conduct represent a grave failure to exercise judicial values.
“The story, as reported, is very disturbing,” Nessel said. “Fairness, a sense of impartial justice, and prudent judgment are essential values our state’s judges must exercise, and these allegations portray a grave failing of those values from a probate court bench. This case dramatically underscores the need for critical guardianship reform now –- including requiring probate judges to provide reasoning for when they bypass family members in favor of professional guardians.”
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