Memorandum STATE oF WISCONSIN MANAGEMENT SERVICES DATE: November 15, 2018 T0: Hon. Randy R, Koschnick, Director of State Courts Cc: Tarra Davies- Fox Human Resources Director, St. Croix County Chief Judge Maureen Boyle, 10th Judicial District AA Don Haiper, District Court Administrator, 10th Judicial District . Caitlin M. Frederick Human Resources Of?cer SUBJECT: Complaint Investigation and Resolution- udgg .1 Background On Monday, November 5 2018 I recelved ?11 emailvfrom?i i1 31; Administrator for the 10th Judicial D1str1ct11ndicat1ng that he needed to speak to me about an urgent matte1 I indicated I was.? Afar/ailab effor along discussion at the current time due to a pending meeting and were- angedwiggr arphon call for approximately 12: 30 PM. I also received an email for Court Operations. I spoke with Diane at legarding an incident th f?cunedybetween ge Eric Lundell, St Croix County Branch 1, and a count . '7 )Qn relayed to me the following incident which happened 1 2,,Aggis reported to him by the -for Branch 1 ?r it was for Judge Eric Lundell indicated that on Friday, Ndii?ember 2, Judg ?iiundell invited her to his house Later that morning, in the Gourd: ,em Judge Lundell approached -again and asked did you think about my offer? .1 course of the conversation he indicated that Judge Lundell made statements to -indicating that she ?trips his trigger more than-[ another county employee whom he also asked over]? and that he could make her a ?rich widow? someday. As a result of this information, I requested that Don speak with the St. Croix County Human Resources Director, Tarra Davies?Fox and that a joint investigation be conducted regarding this incident. A detailed timeline of events leading up to and including the incident review is included in an attachment. Interviews On Monday, November conference call with Don Harper and Tarra Davies- Fox to discuss nextsteps Under the terms of the Employee Manual Section 22 when allegations of inappropriate behavior between employees of two government jurisdictions occur, the Wisconsin State Courts Human Resources Of?cer shall conduct a joint investigation with the appropriate of?cials 0f the affected political subdivision or other state agency. Tarra was informed of this information She was also informed, that due to the respondent being a judge, that a complaint eculd be ?led with the Judicial Commission for a formal investigation In our conversation, Tarra had indicated that she had spoken with a and that ?wished to ?le a complaint. I advised Tarra that she should also have conversations with any individuals with direct knowledge of the incident to inform them to not discuss it with anyone, and that a review of the incident would be conducted shortly. On Tuesday, November 6, Tarra andI originally agreed that we would conduct interviews with the complainant and witnesses beginning Thursday, November 15, as Judge Lundell was scheduled to be away on vacation the week of November 12. However, on November 8 it was understood by Tarra that Judge Lundell was not going on vacation as planned, and that we should move up the interview schedule As a result, interviews of the complainant and witnesses were scheduled for Monday, Novembei l2 and Tuesday, November 13 The following individuals were selected for interviews, based on our initial knowledge of the complaint: St Croix County (Complainant) St. Croix County (Witness) ,St Croix County (Witness) St. Croix County (Witness) St. Croix County (Witness) 10m Judicial District, (Witness) Don Harper, District Cour Administrator, 10?? Judicial District (Witness) Judge Scott Needham, Circuit Court Judge 10?? Judicial Distr' ict, (Witness) Details of each interview are included in an attachment and a summary of those interviews follows. - - Complainant Interviews: The complainant, in her interview, described the incident as follows: Around November 2, 2018 at I 0:30 AM in Judge Lundell ?s chambers, Judge Lundell told . He asked -to come over to his house. He reported that earlier he had asked to come over. indicated in her statement that Judge Lundell indicated he had "dreams about you . According to - he 2 indicated that while he was ?iends with? she felt he Was more than friends with and that- "trips his trigger. indicated in her interview that at the time of his request, she had no response and idn ?t know what to think about it. Around 12 pm later that day, he sat behind her desk and asked for her response to his proposal. also indicated that he mentioned that he could make her a ?rich widow. During this time she indicated she was alone in the courtrbom but that people could see them ??om outside the courtroom. When -was asked byTTarraland I how she would like the situation resolved, - indicated that she would like Judge Lundell to resign or retire. She also indicated that she thought he had been ?drinking again. In addition, - provided Tarra and I a card that could be considered inappropriate, and was alleged to have been sent by Judge Lundell to - around Valentine?s Day of - . 2018, and also provided text messages she and one of the witnesses, had received on October 5. Witness Interviews: None of the witnesses who were interviewe had direct knowledge of the incident, and only reported what was told to them by Some had encountered immediately after the alleged incident and observed she was visibly upset and crying. The witness statements were generally consistent in reporting what was reported to them by -or a third party. A few witnesses also indicated that Judge Lundell was generally perceived as periodically saying inappropriate statements, making inappropriate jokes, and hadvoccasionally showed colleagues inappropriate documents. Some noted that his behavior was often characterized as ?that?s Judge Lundell,? implying that his inappropriate behavior was well?known and somewhat tolerated by some staff. One witness referred to him as a ?dirty old man.? Details on the interviews are included in the attachment. Several witnesses expressed concerns about retaliatory action that cbuld be taken against them by either Judge Lundell, other Judges or other of?cials in St. Croix County due to their roles in the interview process. Conclusion Statements from the complaint and witnesses provide suf?cient evidence to warrant an investigation of the allegations brought forth by the complainant, and witnesses suggest a pattern of inappropriate and/or unprofessional behavior by Judge Lundell that could also be potentially construed as harassment. In addition, it should be noted that Judge Lundell did not attend the Respectful Workplace training that was made available to all of the Circuit Judges, and he has therefore not been formally advised of appropriate professional behavior. My recommendations regarding this complaint are as follows: 0 Chief udge'Boyle and Director of State Courts Judge Randy Koschnick should meet with Judge Lundell to discuss the allegations against him, inform him that a Judicial Commission complaint will be ?led, and provide him the opportunity to respond and/or take actions relating to the allegations, prior to the Director of State Courts ?ling the complaint. 0 Judge Lundell shall be instructed not to report to St. Croix County until a resolution to the allegations has occurred. 3 0 Communications between Chief Judge Boyle or Director of State Courts Randy Koschniek and Pat Thompson, County Administrator of St. Croix County, and Tarra Davies?Fox, the county?s Human Resources Director, should occur to inform them of the disposition and resolution of the complaint. 0 Human Resources Director of St. Croix County, Tarra Davies-Fox, should inform the complainant,? of the outcome of the information? gathering and any temporary or permanent resolution to the complaints. 0 The Director of State Courts of?ce should mandate Respectful Workplace Training for all Circuit Court and Supreme Court Judges. When the training was offered this fall, attendance by Judges and Justices was encouraged, but not mandatory and a number of judges have not attended the training. By making the training mandatory, it will fulfill our commitment to maintain a respectful workplace free of harassment and bullying, and ensure that all state court employees understand their role in that process.