LOS ANGELES (Legal Newsline) - A California school district lost its bid to overturn a $25 million wrongful-dismissal verdict despite citing communications between the trial judge and a colleague who was an ex-partner of the winning law firm, after an appeals court found no reason to suspect a conflict.
The two judges reportedly met in chambers right before a key ruling for the plaintiffs and after the blockbuster verdict came down, the second judge sent the trial judge a text stating “$25 million!!” with confetti emoji.
Judge Stephanie Bowick presided over the lawsuit by Michael Ross against Bassett Unified School District. Ross first sued the district for racial discrimination, settling for an undisclosed amount. Then he sued the district for wrongful dismissal, claiming he was fired for filing the first lawsuit. After a two-week trial in July 2022, the jury awarded him $24,584,449 in damages.
Judge Rupert Byrdsong’s courtroom is down the hall from Judge Bowick’s. Judge Byrdsong is also a former partner with Ivie McNeill Wyatt Purcell & Diggs, which represented Ross. During pretrial proceedings, the two judges met in the hallway and Judge Byrdsong remarked he had noticed lawyers from his old firm in her courtroom.
Judge Bowick at the time was considering whether to allow Ross to tell the jury about the specific allegations of racial discrimination in the previous lawsuit he had settled. She said she didn’t discuss the case any further with Judge Byrdsong.
A few days later, during jury selection, Judge Byrdsong entered the courtroom and spoke with Ross’ attorneys, exchanging “handshakes, hugs and high fives” according to the school district. Later in the day, Judge Byrdsong returned to the courtroom and gave Judge Bowick’s assistant some food for the judge. Three witnesses later said Judge Byrdsong went back into Judge Bowick’s chambers, but the judge said she doesn’t recall any such meeting.
Two days after that, Judge Bowick noticed Judge Byrdsong in her courtroom and sent her assistant to tell him to leave and not return during the trial. Meanwhile, Judge Bowick decided to allow Ross to present detailed allegations about his prior lawsuit to the jury, in a ruling the school district said badly damaged its case.
After the verdict, Judge Byrdsong texted her “25 million!!.” Judge Bowick responded by telling him not to have any further communications with her about the case. On July 29 told both parties about the contacts.
“Judge Byrdsong and I have never had any discussions about any parties, facts, or legal issues relating to this case, its merits or rulings that I have made or will make in the future,” the judge said in a statement. “I have not had any communications or interactions with Judge Byrdsong about this case whatsoever, except for those communications and interactions which I have disclosed today.
On Aug. 5 the school district moved to disqualify Judge Bowick, saying that it didn’t think she was actually biased but that an observer might question her impartiality after learning she changed a critical ruling after meeting with Judge Byrdsong in her chambers.
California’s Second Appellate District Court disagreed in a March 14 decision.
“Receipt of an emoji-laden text suggests nothing about Judge Bowick’s ability to be fair and impartial or a reasonable person’s assessment of the situation,” the court ruled. “What Judge Bowick did in response to the text was what a reasonable person would expect her to do in discharging her own ethical obligations – she directed Judge Byrdsong to have no further contact or communications with her regarding the case, and promptly disclosed the text, which was an ex parte communication to her, to the parties.”
In addition to winning the ruling, the court awarded Ross legal expenses for the appeal.