Courts

Judge Being Investigated Over Use Of The N-Word

Why can't people stop saying the N-word.

By Kathryn Rubino on April 21, 2022 1:46 pm

(Image via Getty)

A judge in King County, Washington, is reportedly under investigation by a judicial conduct commission over her use of the N-word in a Zoom meeting with court employees.

As reported by KNKX Public Radio, in a statement, Susan Mahoney justified her use of the offensive term in the February 9th Zoom meeting because she says she was trying to illustrate the harmful effects of hate speech:

“It was my position that hate speech can never be tolerated and that the use of such words as slurs or derogatory terms are not protected free speech,” Mahoney continued. “To illustrate my point, I repeated an example of harmful hate speech previously given to me by one of the meeting participants, and said ‘like the N-word.’”

Mahoney said she only used the full word after she detected confusion about what exactly she meant by “the N-word.”

“At the time, I had not internalized that the word could still have hurtful impact when used not as an epithet but in an explanatory context,” Mahoney said. “I have never used that word in casual conversation and the word does not fall easily and comfortably from my lips. Statements and speculations to the contrary are lies.”

It seems… wild to me that anyone thinks there’s any confusion ever over the euphemism “N-word”… but that’s her story. And it seems others are also casting side eye at Mahoney’s version of events:

A source, who wished to remain anonymous so that the commission could finish its work, disputes Mahoney’s account. The source said there was no confusion during the meeting but that Mahoney directed the N-word at the only Black person in the meeting – Regina Alexander, the court’s director of probation – comparing its use with the use of the word “Nazi.”

Through her attorney, Vonda Sargent, Alexander declined to comment.

Judge Mahoney resigned from her position as chief presiding judge at King County District Court, but is still a judge in the King County District Court’s South Division. But that’s not enough in everyone’s estimation. King County District Court Judge Marcine Anderson wrote a letter to the Commission on Judicial Conduct for Washington state asking Mahoney to resign altogether, saying:

In the letter, Anderson argues that because of the use of the word, “it is hard to imagine a situation where an African American litigant, attorney or witness might appear before you and be able to see you as an unbiased, impartial, or fair judge.” King County District Court handles misdemeanor criminal cases, domestic violence protection orders, small claims and other matters.

And attorney Teri Rogers Kemp discussed the connotation of the word with KNKX:

“That word immediately triggers trauma, and it triggers anger. It is provocative. It is insulting. It reminds a Black person of the circumstances of being an enslaved person, of being a person who has very limited rights under the laws of Jim Crow, under laws that exist today, where you see so many Black people shot and killed by police officers,” Rogers Kemp said.

“My experience as a Black person is that whenever that word comes out of a white person now it automatically says hostility. I intend to be hostile towards you. And I think most white folks know that,” she said.

Mahoney is up for reelection this year, but would not confirm whether she’s running for the position again. However, she did recently register with the Public Disclosure Commission. If she runs Mahoney will face at least one opponent: Andrea Jarmon, an industrial insurance judge with prior experience in King County Superior Court and in criminal and family law, will run for the seat.

Kathryn Rubino HeadshotKathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).