'Dark cloud' over District Court: Ex admin alleges coverups, dysfunction and retaliation

PROVIDENCE — For more than two decades, Nicholas R. Cote worked for the state judiciary, acting as a “fixer” in District Court helping to smooth out staffing issues and resolve data entry backlogs.

That is, until he resigned Nov. 28 for reasons that "will remain an internal personnel matter," a spokeswoman for the courts said.

Now, Cote tells of blurred lines between his work and personal life, undertaking construction projects for District Court Chief Judge Jeanne E. LaFazia at her Little Compton property, often for little or no pay or reimbursement for supplies.

“I didn’t know how to say no to her," Cote, 42, said. "She’s the boss.”

The Journal reached out to LaFazia directly with specific questions about Cote’s account of working on her property and other allegations.

"It is unfortunate that despite the sufficient passage of time, and the need for self-reflection, it appears that Mr. Cote remains quite detached from reality and has blindly embarked on a misguided mission to wreak vengeance on someone who tried to assist him in dealing with the fallout from some hard luck and bad choices," Michael Colucci, LaFazia's lawyer, said in an email.

Colucci emphasized that any jobs undertaken by Cote on her property were initiated by Cote himself as a gesture of gratitude and that he was paid accordingly.

Lexi Kriss, a spokeswoman for the judiciary, issued a response on behalf of LaFazia and the courts.

“Your inquiries touch on matters that are subject to numerous privacy considerations; you have inquired about the ... personnel issues pertaining to former employees and the Chief Judge’s personal interactions with a former employee,” Kriss said in an email. “The Judiciary does not comment on internal personnel matters ....”

Cote also tells of racist, sexist and homophobic commentary by a former top District Court administrator being, in essence, swept under the rug until he, too, resigned for reasons that "will remain an internal personnel matter."

'If you didn't play by his rules, you were out'

The Journal recently sat down with Cote for an expansive interview about his time with the court and his decision to alert LaFazia in April 2021 to a pattern of what he considered inappropriate behavior by then District Court Administrator Stephen C. Waluk.

Cote shared screenshots of text messages he received from Waluk. They include him saying a Black student looked like a “monkey,” referring to staff members as “homos,” commenting on a female clerk’s “rack” and even making derogatory statements about an openly gay judge being likely to die from AIDS in a few years.

“The law clerk is amazing,” Waluk wrote. “Have you seen her rack? … HUGE rack … Need a reason to get her in my office.” He suggested another clerk should go into porn.

“It just got worse and worse and worse,” Cote said.

Cote, who was friendly with Waluk for years after the former Newport mayor was hired as District Court chief clerk in 2012, said he was uncomfortable with the comments but tolerated them due to Waluk's position as his superior. LaFazia promoted Waluk to court administrator in 2015. The chief judge promoted Cote that same year to assistant administrator/chief clerk.

“Sometimes I played along to get along," Cote said. "If you didn’t play by his rules, you were out.”

Eventually, Cote said, he separated himself from Waluk due to his behavior.

Cote says he alerted LaFazia about Waluk's behavior, LaFazia denies knowing

In April 2021, at the urging of a District Court judge and a senior staff member, Cote said he brought the troubling behavior to LaFazia’s attention, prompted by an allegation that Waluk had coached his preferred job candidate with the answers to interview questions. His account is backed up by text message correspondence he shared with The Journal.

“How am I going to tell her this? I was nauseous. I was sweating,” Cote recalled debating.

He feared Waluk would retaliate against him for informing LaFazia that Waluk was “bad mouthing” the chief judge while she was away in Florida, he said.

“He’d say, 'I am the chief.' She was never there. It was a big problem,” Cote said.

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He said he detailed Waluk’s behavior to LaFazia during a meeting at her home.

LaFazia asked him to convene a meeting the next day, he said. Cote announced to the court staff that they should come to his office to speak with him and LaFazia about any grievances they had against Waluk, without fear of repercussions, he said. His account is supported by time-stamped text messages between District Court staff, including a judge.

One after another, staff reported inappropriate comments and a condescending management style, Cote said. Waluk’s behavior even affected deputy sheriffs, enough so that current and former deputies recalled off the record having to intervene. Several staff members contacted by The Journal did not respond to inquiries. Others declined to speak on the record for fear of retribution.

LaFazia reduced Waluk's pay for a period of time and his supervisory duties were diminished, Cote said. She assured Cote that Waluk would no longer be in a position of authority over him.

“She said everybody deserves a second chance,” Cote recalled.

The state transparency portal shows that Waluk’s salary in the 2020 fiscal year as administrative clerk was $161,709. In 2021, his salary dropped to $150,409 with no title listed, before his salary rose to $163,953.92 in 2022. At the time of his resignation, Waluk was again listed as an administrative clerk with a $174,143 salary.

Through her lawyer, Colucci, LaFazia denied being told in 2021 about the homophobic and racist messages Waluk exchanged with Cote.

"The Chief Judge had no prior or contemporaneous knowledge of personal/inappropriate communications or conduct between the staff members involved. When the same came to light, the Chief acted swiftly and decisively to address the conduct," Colucci said. "The remaining party was immediately separated from further service to the court. The other party to those communications had previously resigned."

Chief justice of RI Supreme Court: Texts 'antithetical to the values and mission of the Judiciary'

State Supreme Court Chief Justice Paul A. Suttell expressed dismay over Cote's accounts and a lack of tolerance within the judiciary for the language used by Waluk.

"It is unfortunate that Mr. Cote, once a highly valued member of the District Court senior staff, left his employment with the District Court under such troubling circumstances. It would appear that the cause of his dissatisfaction was primarily a court administrator who is also no longer employed by the District Court," Suttell said in an email statement.

"I am particularly distressed about the nature of the text messages referred to in the recent Providence Journal article. Such misogynistic, homophobic, and racial commentary is antithetical to the values and mission of the Judiciary. It has no place in our courts, and it will not be tolerated," he continued.

He detailed steps taken by the courts to vet Cote's allegations, including a move by LaFazia to hire former U.S. Marshal Jamie Hainsworth, "a leader with an impeccable reputation," to replace Waluk.

"The Judiciary takes its obligations as an employer very seriously. When the Administrative Office of State Courts first became aware of some of Mr. Cote’s allegations, swift action was taken to review his performance issues and disciplinary proceedings, as well as the time card procedures employed by the District Court. ... In addition, multiple opportunities to address lingering concerns regarding workplace culture and the departures of Mr. Waluk and Mr. Cote were extended to the District Court staff," he said.

Suttell credited LaFazia with serving District Court "with honor and distinction" for more than 20 years, including over a decade as chief judge.

"Chief LaFazia and the entire Judiciary are committed to ensuring that our courts run smoothly, that all employees feel valued, and to maintaining the integrity of the judicial system," he said.

Lawyer: LaFazia was in constant contact with court, even when away

Colucci rejected Cote's characterizations about LaFazia frequently being absent from the court, noting that although she was not required to do so, she used vacation time "in a prudent manner such that it would bebroken up into shorter stints so as not to be absent for any extended periods."

He emphasized, too, that LaFazia remained in regular contact with the court and frequently performed variousadministrative duties while on vacation.

Colucci acknowledged that the chief judge had taken periods of medical leave per policy, but that she typically cut rehabilitation periods shorter than recommended.

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"During convalescence, the Chief worked from home on administrative duties and remained in constant contact with court personnel," Colucci said.

Waluk defended LaFazia’s time away from work, emphasizing that “as court administrator, we worked hand in hand,” regardless of whether the chief judge was out for medical reasons or vacation.

“Everyone is entitled to vacation. … He’s out to get someone,” Waluk said of Cote.

The judiciary declined to comment on personnel matters.

Waluk says he learned from past mistakes

Waluk, who was hired in April as canvassing clerk for the City of Newport, acknowledged using offensive language in his communications with Cote through the years.

“These were years ago. I used offensive and inappropriate language. I regret anything I said that was offensive and inappropriate. ... I used bad words. I admitted it and left,” Waluk said. Some of the offensive messages viewed by The Journal were time-stamped as recently as 2020.

Waluk said he agreed to resign in December 2022 after being confronted with messages Cote had produced and upon being demoted and facing possible termination from his job in the courts.

LaFazia announced the resignation internally via email.

“Steve was a valued colleague for many years and we thank him for his service to the Court and the State,” she said.

Waluk said he and Cote had a personal relationship for years. Cote was even in his wedding party in 2019. But, he said, he has not spoken with Cote since 2021, after his former colleague began stirring up “controversy” in the court.

He cast Cote as an unreliable source of information who had “spiraled” in recent years.

“I feel bad for him, because his life has taken a very bad turn,” Waluk said.

He stood by his work record over his decade with the court.

“I treated people fairly. There was no unfairness,” Waluk said. Still, he said he had learned from his past mistakes and moved on.

Waluk began working for the City by the Sea in the $64,000-a-year canvassing post after being hired by now outgoing Newport City Manager Joseph J. Nicholson Jr. A Republican, Waluk was mayor of Newport from January 2007 to July 2012.

Cote’s house burns down

On April 21, 2021 — the same month Cote says he approached LaFazia about Waluk's conduct — the house Cote was renting on Chace Avenue in Warren burst into flames at 3 a.m. from an electrical fire, forcing him to flee with his German shepherd. The house was extensively damaged, but firefighters managed to also save his fish.

“I went from having everything to having nothing,” Cote said.

The insurance company sued Cote in federal court in the aftermath, accusing him of negligence and breaching his lease by overloading the electrical circuit while operating a woodworking shop in the garage without proper licensing or permission.

Cote denied the claims, and the parties reached a confidential settlement, according to a lawyer involved in the case.

Cote now owns a house in the Touisset area of Warren and has undertaken extensive repairs.

'Nobody wants to live with your boss'

After living in a series of hotels, Cote and his daughter were invited by LaFazia to live in the Little Compton property she shares with her husband, George Mason, deputy administrator at Workers’ Compensation Court with a $121,160 salary in the past year.

On April 26, 2021, Cote said he “reluctantly” moved into the cottage.

“When I moved into the cottage house, it was strictly based on letting me get on my feet. … She said, 'I know you’re in a tough spot. Stay as long as you need,’” Cote said. “Nobody wants to live with your boss.”

The arrangement was intended to allow him to save money and have a safe space to recover from the trauma of the fire, he said.

“There was no reference to any type of payment or work to stay,” Cote said.

Cote says work he was asked to do on LaFazia's homes 'spun wildly out of control'

Within days, Cote said, he was doing jobs on the property, as he had done for the chief judge since 2013. His tasks included getting LaFazia's car inspected during work hours and driving LaFazia and Mason to and from work several times a week, he said. He did construction at the couple’s Florida residence and rental property.

“We became somewhat friends. She was really nice to me. They both were,” he said.

Photos dated shortly after the fire show Cote building a deck and working on a pump in the koi pond. Often, Cote said, he wouldn’t be repaid for supplies, including purchasing windows.

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“She might have paid me $200. … I worked for a lot of judges, but they always repaid me,” he said. Over the years, he estimated he’d been paid $800.

As time passed, Cote said the requests evolved from “politely asking to demanding.” He produced text messages insisting that Cote complete work before summer guests arrive.

“It just spun wildly out of control,” he said. “It was never-ending work.”

Judge's lawyer: Cote did work to 'show his appreciation'

Colucci described Cote as a close family friend and longtime colleague of LaFazia's, whom she tried to help in a time of need by accommodating him until alternate living arrangements could be made. Any work that was done was at Cote's own initiative, according to Colucci.

"[Cote] was very grateful and wanted to show his gratitude by offering to do handyman type projects if needed. He was not needed or expected to do anything, but as an experienced contractor, he would do such work from time to time (and had done so in the past) under the proviso that he would be paid for any labor and out of pocket costs, and further, that any such work would and must only be on his own time," Colucci said.

"Quite simply, it is inconceivable that the Chief would ever jeopardize her rightly earned reputation for integrity in exchange for unneeded favors from Mr. Cote," Colucci said.

Colucci pushed back against representations that Cote acted as LaFazia's driver, instead noting that they were neighbors and occasions would arise where they might share a ride to or from work.

The chief judge offered their Florida property to friends and family, and Cote seized the chance to enjoy a vacation there, he said.

"Extra and unneeded frequent flyer mileage points were utilized to defray the cost of his travel. On one occasion he was asked if he would not mind fixing a cabinet door on one of the furniture pieces, which he did," Colucci said.

In addition, Cote at times did odd jobs in an effort "to show his appreciation for use of the home," Colucci said.

Cote claims botched FMLA claim

On April 28, 2021 – days after the fire – Cote said he informed the court that he wanted to go on leave through the Family and Medical Leave Act, federal protections that require workplaces to provide employees with unpaid leave for qualified medical and family reasons. A few weeks later, he was “furious” to learn that an administrator had marked him as working from home three days a week, instead of as being out on FMLA or applying his unused vacation time, he said.

Colucci observed that LaFazia does not administer FMLA requests, that they are handled by human resources and supported by medical documentation.

"Following that, employee FMLA requests would eventually make their way to the Chief for approval. No such request for the referenced period was made by Mr. Cote. He always maintained that he utilized accrued vacation time," Colucci said.

Donations came with a deduction

In May 2021, Cote said he was diagnosed with depression and PTSD.

In June, a fundraiser for Cote took place at the Garrahy Judicial Complex, but Cote said he didn’t attend because he was directed to finish work at LaFazia's house before company arrived.

“I said, 'I should probably go to that,' [but] she said, ‘No, work on what you have here,’” he recalled.

The next day LaFazia presented the donations to Cote with a yellow Post-It sticker attached that read “propane 690.00,” Cote said. LaFazia told him that the money had been deducted from the donations for fuel he'd reportedly used, he said.

“Mind you, it was May and June," Cote said. "I was shocked.”

"She has no knowledge or understanding of his claim regarding propane expenditures relating to the fundraiser," Colucci said.

Though he could not provide a firm date, Cote estimated that he moved from LaFazia’s property in late April 2022.

'They were squeezing me out'

In July 2022, three months after moving from LaFazia's property, Cote received his first write-up for "tardiness, excessive absences, and general subpar job performance.” The notice faulted him for failing to implement a condensed summer work program to allow his staff to earn extra time off in the summer. The letter states that he was issued an oral reprimand weeks earlier — a warning Cote says never took place.

As a result, some of Cote’s responsibilities were reduced. He was told to arrive by 8:15 a.m. each weekday, and he could not leave during the work day for appointments. He says he had to hire a driver to take his daughter to school, and a subordinate began logging his activities.

Cote said that LaFazia, whose total salary is $239,399, began telling staff that he wasn’t of sound mind and questioning his diagnosis of a heart condition.

“I tried to talk to the chief. No bueno,” he said, adding that rumors began circulating inside the courthouse. “I was gone. I was a drug addict. I knew what they were doing. They were squeezing me out.”

Cote denies struggling with a substance-use disorder, though the allegations have become the subject of Family Court proceedings in which a judge has ordered random drug testing.

Cote received his second write-up on Oct. 25, 2022, days after, he says, he told LaFazia he would no longer be working on her home. He insists that both write-ups were without merit.

Waluk and Lorraine Alfonso, now the District Court administrator, participated in his discipline, though he had been assured Waluk would no longer be in a position of authority over him, Cote said. Alfonso was named administrator after first assuming Cote’s duties as chief clerk in the aftermath, according to an internal email announcement.

State records indicate that Cote’s pay grade was dropped from $111,185 in fiscal year 2022 to $69,762, with regular earnings reported at $48,635 the following year. His title was reduced to deputy clerk I. All of his supervisory duties were removed and he was directed to work in Newport instead of in Providence, he said.

“They just crushed me,” he said. He took FMLA leave due to anxiety and panic attacks.

“They made it very clear they were going to fire me,” Cote said.

LaFazia declined to comment on Cote's job performance, stressing through Colucci that "discussion of such personnel matters is protected from disclosure under state law."

Cote filed for Chapter 7 bankruptcy this March. He has since moved to Florida after he said he kept repeatedly getting stopped by police questioning whether he was under the influence. He is not facing any charges.

Union involvement, followed by a call from a state senator

Cote said he met with Carla Ciccone and Michael Castelli from the Laborers' International Union of North America Local 808 about appealing the write-ups. At the union’s direction, he said he downloaded his text messages and emails to strengthen his case.

He was then told that Sen. Frank A. Ciccone III, D-Johnston, wanted to talk with him, Cote said. Ciccone formerly served as business manager of Rhode Island Judicial, Professional, and Technical Employees Local Union 808.​

Ciccone told him in a phone conversation that he consulted with the union and asked if he was going to go public, Cote recalled.

Ciccone advised him to resign and move forward with his life and if not, officials would “make things up,” and paint him and Waluk with the same brush before firing him, Cote said.

“I said, ‘No way, I won’t resign.' He said, 'I’ve been doing this for 30 years, kid, trust me, you will have a second chance. I know it’s not right, but if you were my son, this is my advice,’” Cote recounted.

Speaking with The Journal, Ciccone denied being involved.

“I am saying what I read in the paper is all I know,” Ciccone said. He denied, too, bringing an “alleged binder” containing the correspondence to state Supreme Court Chief Justice Paul A. Suttell and State Court Administrator Julie P. Hamil, but said he met with them on “several occasions,” sometimes at the State House in the past.

“I believe this is a personnel matter between him and the courts,” he said.

In response to reports about some of the content of the messages, which Ciccone denied seeing, he said, “I would say it’s unbecoming conduct of a state employee.”

Carla Ciccone, Frank Ciccone’s daughter, and Castelli did not respond to inquiries.

Anonymous letter to judiciary members, media

In the meantime, an anonymous letter was sent to the judiciary’s Committee on Racial and Ethnic Fairness, and the media. Suttell established the committee following the murder of George Floyd to "enhance public confidence in the independence, integrity, and impartiality of the Rhode Island Judiciary."

The author, who wrote that they feared “retribution, especially from this administration,” referred to a “dark cloud” hanging over District Court that needed to be addressed. The writer detailed Waluk’s resignation “under suspicious circumstances” and Cote’s demotion.

The letter references a “binder” of emails and text messages that the union acquired from Cote containing racial and homophobic comments about District Court staff and members of the judiciary, as well as “other rude and crude” comments about staff.

The author told of the union bringing the messages to Suttell and Hamil, leading to Waluk’s resignation after Suttell summoned Waluk and LaFazia to the court.

“Now, the issue of many is, when did Judge LaFazia become aware of these emails and what action did she take?” the writer said, noting Waluk’s duties had been trimmed and his salary reduced after his falling out with Cote in 2021.

“I believe that these allegations need to be looked into to remove the dark cloud that hangs over District Court. I hope you and the commission have the courage to investigate these things and not sweep them under the rug,” the author said.

A committee member reached independently about the letter said they were prohibited from commenting about the “deeply troubling situation” and referred questions to the spokeswoman for the courts. Cote said he was unaware of the letter, but wished he had contacted the committee himself.

“As a point of reference, the Committee on Racial and Ethnic Fairness in the Courts does not oversee or have any involvement in personnel matters,” Kriss, the spokeswoman, said in an email.

Asked for clarification from the judiciary, spokeswoman Kriss wrote, “We understand and respect your efforts to pursue information to corroborate or dispel information Mr. Cote has shared with you. However, as an institution, as an employer, and as a branch of government, there are limits to what the Judiciary is in a position to disclose.

“The Judiciary does not engage in public dialogs pertaining to personnel matters involving employees who are no longer working for the courts,” Kriss said. “The Judiciary’s stance is if Mr. Cote believes himself to be aggrieved by the District Court or the Chief Judge, he has legal and administrative avenues he can pursue for redress.”

This article originally appeared on The Providence Journal: Ex-RI District Court administrator alleges coverups by Chief Judge LaFazia