(WXYZ) — She’s a judge who makes life altering decisions for families and those with disabilities. Now Judge Kathleen Ryan is accused of making racist comments and using shocking derogatory language.
A high-ranking probate court official has come forward to the 7 Investigators. He says he’s been recording Judge Ryan’s statements for years.
Even though Oakland County Probate Court Administrator Edward Hutton says he’s been harassed by Judge Ryan for years, he says he doesn’t want this to be about him. Edward Hutton says now he wants to protect the people who have to face Judge Ryan in the courtroom.
After more than 13 years on the bench, Oakland County Chief Probate Pro Tem Judge Kathleen Ryan is out of her courtroom.
Chief Probate Judge Linda Hallmark removed Judge Ryan from her docket on August 27th, announcing that “a complaint regarding internal allegations of unprofessional conduct” was sent to the Judicial Tenure Commission.
In audio recordings provided to the 7 Investigators, Hutton says Ryan uses racist and vulgar language: “From England, if you’re a Black from any other country – you’re doing way better. If you’re an American Black person then you’re a f****** lazy piece of s***.”
Listen: Click the video below to hear the audio recording
“She's made it a living hell in the past six years. I mean, it's been terrible,” Hutton told 7 Investigator Heather Catallo. “It's cost me relationships. I think it's affected my health. Can't sleep.”
Hutton is an attorney and as the Oakland County Probate Court Administrator, he’s in charge of running everything that’s not under the judges’ purview inside one of the state’s largest probate courts.
Hutton alleges Judge Ryan has been calling him both during work and after hours – for years – and Hutton says during those hours and hours of calls, Judge Ryan said highly inappropriate things.
“Why did you start recording the calls?” asked Catallo.
“I just felt like it wasn't going to change,” said Hutton. “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].”
This is one of the recordings that Hutton says is of Judge Ryan:
“I can honestly say that ok I’m not systemically racist – I’m a new racist. I never was. But now I am because you’re shoving this s*** down my throat making allegations that you don’t know s*** about. You’re telling me who I am and you’ve never even f****** met me. F*** you!”
Listen: Click the video below to hear the audio recording:
Hutton says the Judge also used homophobic slurs about other elected officials: “You little f*****.”
And that’s not all.
“A lot of times they were conversations about sexual encounters that she's having with various individuals, I mean, in intimate detail,” said Hutton.
Hutton says for years he felt like he had to play along and listen to the judge’s inappropriate comments. He also says he was afraid to speak up.
“I didn't want to lose my job and I didn't want to be in her cross hairs,” said Hutton. “It's such a David and Goliath situation. I don't have the power. I'm not elected. I could get fired tomorrow.”
On May 24, Hutton says he sent Chief Judge Linda Hallmark a notice of sexual harassment.
“For three months nothing happened,” said Hutton.
That’s why on August 22, Hutton says he decided to send the recordings to the Chief Justice of the Michigan Supreme Court, Oakland County Executive David Coulter, and other public officials. And he also contacted 7 Investigators.
“I just want to make it right,” said Hutton. “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.”
In that email, Hutton told those state and county leaders that Judge 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.”
Once the recordings were shared with those state and county officials, Judge Ryan was removed from her docket.
“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,” said Coulter in a written statement.
Hutton believes Judge Ryan needs to stay off the bench.
“Nobody with that much hate in their heart for certain people — not just individuals, but groups of people. I don't believe that they could possibly make fair, unbiased decisions regarding them,” said Hutton.
The 7 Investigators did reach out to Judge Kathleen Ryan to talk to her about this. In a written statement her attorneys Gerald Gleeson and Thomas Cranmer said, "We respect the authority of the Michigan Supreme Court. However, we look forward to vindicating Judge Ryan in the appropriate forum."
Oakland County Chief Probate Judge Linda Hallmark said in a statement released last week that the allegations have been sent to the Judicial Tenure Commission “which will decide whether to investigate it further.”
A JTC official said they cannot confirm or deny whether they are pursuing an investigation. Judge Ryan does not have any prior JTC public complaints.
The 7 investigators also spoke to Oakland County Probate Judge Daniel O'Brien. He said Judge Ryan's friends are supporting her and believe these statements are totally out of character.
Michigan Attorney General Dana Nessel swiftly reacted to our investigation, releasing the following statement following the initial airing of this story:
The story, as reported, is very disturbing. Fairness, a sense of impartial justice, and prudent judgement 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. My department and the Elder Abuse Task Force has worked closely with stakeholders for years now to develop and pass a legislative package that will provide long-needed reforms to the guardianship statutes. We have all recognized the dire need for these reforms – with the exception of the probate judges who stand opposed to this legislation. I hope this investigation proceeds swiftly and helps illustrate why Michigan needs these essential and urgent reforms.
Judge Ryan was arrested in 2021 for misdemeanor domestic violence, but those charges were later dismissed.