Labor & Employment

State doesn't owe court reporter $744K, because judge settled sex harassment suit without its OK

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Montana taxpayers are off the hook, at least for now, concerning a $744,000 sexual harassment settlement last year between a now-former 16th Judicial District judge and his onetime court reporter.

Because their settlement of her sexual harassment claim was made without the state’s consent, Montana is not liable, a Lewis & Clark County judge has ruled. Additionally, the state also is not liable because the alleged behavior of former Judge George Huss was “conduct outside the course and scope of Huss’ employment,” Judge Jeffrey Sherlock wrote in his Dec. 28 opinion.

The Associated Press and the Independent Record have stories.

The Montana Cowgirl Blog provides a copy of the declaratory judgment complaint (PDF) by the state that resulted in the ruling.

At issue in the case were claimed unwelcome romantic overtures by Huss. He and the court reporter agreed in September 2014 on the $744,000 settlement, with the help of a mediator, on condition that the state and not Huss would pay.

Meanwhile, a state human rights bureau complaint filed earlier that year by the court reporter resulted in an October 2014 investigative report. It found that sexual harassment by Huss had occurred but Montana bore no responsibility for it.

Huss took the bench in 2013, and the court reporter quit in 2014. The judge resigned in April of last year, effective on Jan. 1, 2016. The Billings Gazette provides a copy of the brief letter.

Attorney Jory Ruggiero represents Huss. He told the Independent Record that an appeal to the state supreme court is planned.

See also:

KTVQ: “Montana judge set to resign, retire after accusation of sexual harassment”

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