TaShun Bowden-Lewis, who made history two years ago when she was appointed Connecticut’s first Black chief public defender, was fired on Tuesday after months of disagreements between her and the agency’s oversight body, accusations of workplace misconduct and a contentious hearing in April.
The Public Defender Services Commission, the board Bowden-Lewis has been at odds with, announced the decision in front of a few dozen people in Hartford’s Legislative Office Building. The commission’s explanation for the decision, prepared in writing, was released late Tuesday.
In brief remarks after the announcement, retired state Supreme Court Justice and Commission Chair Richard N. Palmer told Bowden-Lewis that he recognized that it was a “very difficult time” for everyone involved.
“When this commission was appointed, we started with great hope for the future and never expected or wanted to be here today,” Palmer said. “It’s the commission’s sincere hope that there are better days ahead for you and for the division.”
Bowden-Lewis declined to comment after the ruling. Her lawyer, former Bridgeport Mayor Thomas W. Bucci, however, said they intend to explore every possible avenue to appeal the decision and that they see her reinstatement as the only adequate resolution.
“No other chief public defender has been treated like attorney Bowden-Lewis, and it all started with her integrity to keep the division managed on a day-to-day basis pursuant to state statute,” Bucci said. “And so she pushed back at the officious behavior of the chairperson, and that’s where this all started.”
In a statement, the Connecticut Public Defender Attorneys Union praised the commission’s decision to fire Bowden-Lewis.
“We appreciate that the Commission provided the former Chief the appropriate due process in a transparent proceeding. We are grateful to the Commission for its dedication to acting in the best interests of the Division, our members, and, most importantly, our clients,” the statement said.
“Our members have fulfilled our vital public mission despite the controversy and dysfunction that we have experienced during the last two years,” it said. “We look forward to working productively with a new Chief Public Defender so we can continue to serve the people of Connecticut with the utmost professionalism.”
Bowden-Lewis’ firing marks a dramatic ending to her tenure, one in which she said she felt that she was not provided an equal opportunity to succeed and that the way she had been treated by the commission deviated from what had been the standard.
One of the first major signs of turmoil appeared when all but one of the five members serving on the volunteer Public Defender Services Commission, a politically appointed board of career attorneys and judges who appoint the chief public defender and oversee the agency’s functions, abruptly resigned with little explanation early last year.
Prior to the mass departure, there had been infighting in the division over the commission’s decision to bypass Bowden-Lewis’ preferred list of candidates for a job in Derby in favor of a white woman whom she viewed as less qualified. Black and brown employees said they saw the move as part of a larger effort to undermine the chief’s goals. Bowden-Lewis was equally concerned about what was described as the “hyper scrutinizing and undermining” of her decisions, according to a letter sent from her attorney to the former commission chair.
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Around that time, employees also accused Bowden-Lewis of bullying people who did not agree with her and fostering a work environment where people avoided approaching her in fear of retaliation. She was also criticized for what at least one senior attorney in the division perceived as her fixation on racial diversity and not on “strong lawyering.”
The appointment of a new commission did not improve the situation, as many in the agency hoped it would.
The commission placed Bowden-Lewis on paid administrative leave in February following recurring disputes between her and the panel, an official letter of reprimand from the board, and allegations that she improperly instructed a subordinate to access email accounts belonging to people critical of her. The disagreements resulted in a vote of no confidence in Bowden-Lewis among 121 of 163 eligible voters of a union in the agency, which has more than 400 employees.
An independent investigation by the law firm Shipman & Goodwin also corroborated many of the earlier claims made against her, including that she marginalized employees who questioned her in any way, attempted to make working conditions intolerable to force at least one employee to resign, and ostracized and demoted another employee whom she did not prefer.
The report also noted that none of Bowden-Lewis’ conduct amounted to discrimination, harassment or an illegally hostile work environment under state or federal law, given the appearance that Bowden-Lewis did not take those actions based on a protected characteristic, such as race or gender. Nor did investigators identify any explicit ethical or policy violations.
The two-day hearing in April, scheduled after Bowden-Lewis was placed on leave, considered more than a dozen charges, many of which overlapped, including accusations of unethical and untruthful behavior, bullying and retaliating against people critical of her decisions, and unfairly levying claims of racism against her adversaries, all of which she and Bucci have denied.
Bowden-Lewis and Bucci have emphasized the Shipman & Goodwin conclusion that she violated no laws, while also arguing that any activity she engaged in fell under her authority as chief and that she is deserving of a chance to learn from and grow from her mistakes, similar to the opportunities afforded to her predecessors. They also argued that the hearing was not an impartial proceeding, that the accusations against Bowden-Lewis are not just cause for discipline and that their participation in the hearing was not a waiver of any due process claims.
After the hearing, during which some commission members exhibited irritation, raised their voices or cut off Bowden-Lewis, legislators, advocates and outside experts expressed concerns to The Connecticut Mirror about what they viewed as a lack of impartiality from the decision-makers, disrespect toward the state’s first Black chief public defender and a situation set up for her to fail.
Tuesday’s meeting did not begin until about 20 minutes after the scheduled start time. Once the commission opened the proceeding, it then moved into executive session, where members remained for roughly 40 minutes.
Upon the panel’s return, Bucci argued that the commission going into executive session to discuss a pending personnel action — before asking for any discussion — was a clear violation of the Freedom of Information Act. Palmer pointed out that Bucci had not objected to any previous times the commission went into executive session but conceded that he was entitled to his views.
Once the commission announced the decision, the room stayed silent, and people sat still, staring ahead. The commission exited the room shortly after closing the meeting. Bowden-Lewis stayed behind to thank and hug some of her supporters.
Bucci later said that neither he nor Bowden-Lewis have had an opportunity to review the written decision. He also said that neither of them have had any meaningful contact with the commission since the April 25 hearing.
“That’s supposedly a fair process,” Bucci said. “Dealing with somebody’s constitutional rights.”