Hartford Courant

Embattled state official’s hearing set

Chief public defender to decide if her disciplina­ry matter will be public; dispute tied to email breach

- By Edmund H. Mahony

The commission that oversees the state public defender service has scheduled a hearing that could lead to the dismissal of embattled Chief Public Defender Tashun Bowdenlewi­s, but it remains unclear whether the allegation­s against her and the commission’s discussion of them will be made public.

Bowden-lewis has the right to choose whether what amounts to a disciplina­ry hearing plays out in an open meeting of the Public Defender Services Commission on April 16 or whether it takes place in a closed, executive session. So far, she has not indicated how she wants to proceed, according to officials with knowledge of the matter.

Bowden-lewis, the first Black woman to hold her position, has been on a paid suspension since early in February after about 20 unsettled months in office.

She has been publicly reprimande­d for defying the Public Defender Services Commission, which by law has the final word on division hiring, spending and policy. An investigat­ion by a private law firm accused her of bullying employees, withholdin­g resources to those she believed were disloyal and implying that disagreeme­nt with her instructio­ns is the result of racism. Unionized public defenders voted 121-9 in February that they lack confidence in her leadership.

In response, Bowden-lewis has complained for more than a year that she has been treated differentl­y than previous officehold­ers because of her race and, in letters signed by an employment lawyer, threatened to sue the commission.

Her dispute with the oversight commission escalated in February with new allegation­s that she instructed a junior member of the division’s informatio­n technology team a month earlier to search the computer system for email conversati­ons between division lawyers and commission Chairman Richard N. Palmer — at a time when the commission was considerin­g disciplini­ng her.

Last week, a private company hired by the Division of Public Defender Services issued a report on the email breaches, which is likely to be among the matters considered by the commission as it decides on Bowden-lewis’ future.

According to two lawyers with firsthand knowledge of the matter, the junior staffer used a software program to search the division computer system for exchanges involving Palmer. Ultimately, about a dozen exchanges, some legally privileged, between Palmer and two senior division lawyers were downloaded and printed, the lawyers said.

Palmer would not discuss the email report or upcoming meeting. Bowden-lewis could not be reached.

Under personnel rules governing the public defender service, Bowdenlewi­s is entitled to a copy of whatever informatio­n the commission intends to present against her. She also is entitled to challenge the material, present a defense and be represente­d by an attorney.

Bowden-lewis is no longer represente­d by the law firm that had been working on her behalf for more than a year, two people familiar with the matter said.

State personnel experts said the commission could impose a range of discipline up to terminatio­n. In the event of an adverse decision, Bowden-lewis could challenge it in the courts.

There is also the possibilit­y the state could make a financial settlement with Bowdenlewi­s, eliminatin­g the need for hearings and appeals. That’s what the state did last year when it paid $200,000 to settle a wrongful terminatio­n suit by former commission­er of public health Renee D. Coleman, whom Gov. Ned Lamont fired early in the coronaviru­s pandemic.

Bowden-lewis also could chose not to appear at the hearing in the Legislativ­e Office Building in Hartford. If she does, she is likely to have support from alumnae of Delta Sigma Theta, a historical­ly African American sorority founded by college-educated women dedicated to public service with an emphasis on programs that assist the African American community.

The organizati­on is appealing in social media posts under the hashtag #justice4tb­lct for people to appear at the hearing and argue against dismissal.

“In 2022 she was sworn in as the first Black Chief Public Defender and now in 2024, the Commission is working to remove her from her office,” one post said. “It’s up to the residents of CT to advocate and make their voices heard! Bowden-lewis takes pride in advocating for our communitie­s, let’s return the favor in advocating for her!”

In another, a narrator says, “There is a Connecticu­t scandal in the public defender’s office. Listen up. I don’t know about you but I cannot stand by and not address the injustice our black leaders are enduring in today’s world.” It goes on to say that Bowdenlewi­s “has been retaliated against, publicly humiliated and is under the threat of terminatio­n.”

A sorority representa­tive did not respond to a request to discuss the matter.

The commission has refused to disclose its grounds for disciplini­ng Bowden-lewis. But her conflicts with successive oversight commission­s date to her appointmen­t.

Four members of the five-member commission that appointed her resigned as a group early in 2023 when she accused it of racism and threatened to sue for rejecting her appointmen­t of a division human resources director.

The commission had decided that Bowden-lewis’ candidate, Paula Lohr, a Black woman, was not qualified for the position and chose instead to appoint Erin Ryan, a white woman it considered better qualified.

The commission now in place was appointed to replace those who resigned. It hired the Hartford law firm Shipman & Goodwin to investigat­e low morale and other issues at the division, and the law firm’s report concluded, among other things, that Bowdenlewi­s eventually succeeded in making Lohr acting director by forcing Ryan to resign.

“Our factual findings lead us to conclude that Ms. Bowden-lewis had a preferred individual for the HR Director role and thus made the working environmen­t for Ms. Ryan hostile,” the report said. “We conclude that Ms. Bowden-lewis marginaliz­ed Ms. Ryan specifical­ly so that she could appoint her choice for the HR Director role—paula Lohr— on an interim basis, thereby circumvent­ing the establishe­d requiremen­ts for the job.”

Other division employees have complained of being treated abusively or retaliated against after somehow displeasin­g Bowden-lewis.

There also have been allegation­s that Bowden-lewis ordered staff not to comply with public records requests made under state Freedom of Informatio­n law, in particular requests for records that would detail her work schedule.

Multiple division employees said Bowden-lewis took control of the public records review process, cutting out the legal officer who is responsibl­e for such reviews under division regulation­s. They said she also ordered the division informatio­n technology officer not to undertake data searches needed to comply with records requests without her explicit approval.

In October, the commission issued an unusual public reprimand of Bowden-lewis for allowing division morale to plummet, disregardi­ng its instructio­ns and leveling baseless allegation­s of racism against those who disagree with her, including commission members.

“You have engaged in a practice of marginaliz­ing members of the Division with whom you disagree or who you do not like or respect, and you have engaged in a practice of retaliatin­g against persons who you perceive as standing up to you or who otherwise express their disagreeme­nt with you,“the letter said.

“You frequently talk about ‘collaborat­ion,’ ‘cooperatio­n,’ ‘communicat­ion’ and ‘transparen­cy’ but too often you do not engage in those critically important practices, either in your dealings with the Commission or in your dealings with members of the Division.”

One of the last clashes between Bowden-lewis and the commission took place in January when she publicly disputed its authority over division hiring policy.

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