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Spokane, Washington  Est. May 19, 1883

Investigators say former federal prosecutor claiming gender discrimination committed misconduct

Former assistant U.S. attorney Jill Bolton violated professional standards of conduct in obtaining a list of co-workers’ pay and personal information that led to her lawsuit alleging gender discrimination, federal investigators ruled last week.

The Justice Department’s Office of the Inspector General found Bolton violated ethical standards in obtaining a disk of information that included co-workers’ Social Security numbers and birthdates, in addition to their pay. The office also concluded she “lacked candor” when confronted about the information by supervisors.

Bolton’s attorney, Mary Schultz, said in an emailed statement the finding was not surprising and should have no effect on the civil case Bolton has filed against her former employer.

“It’s the same position the DOJ took from the start. They are investigating their own accusations, and decided they were right all along. No surprises here,” Schultz wrote.

Bolton disputes that she was dishonest about obtaining the information and says the revocation of her security clearance – which led to her resignation last year – was in retaliation for raising questions about whether women were receiving equal pay for equal work in the U.S. Attorney’s Office of Eastern Washington.

The Attorney’s Office denies discrimination in pay and argues its actions against Bolton were due to a serious security breach.

The office worker who provided Bolton with the pay records, Mike Eddy, took a job with the Energy Department as an IT specialist “before additional actions could be taken regarding his conduct,” according to court records.

The Justice Department has appointed Ann Harwood, an attorney out of Phoenix, to defend against Bolton’s lawsuit. In court filings, Harwood alleges Bolton shared some of the salary information with co-workers. Assistant U.S. attorneys Stephanie Lister and Stephanie Van Marter are listed as potential witnesses in the case, and the investigative summary from the Office of the Inspector General alleges Bolton shared “a table which included salary and bonus information, as well as performance and disciplinary information” with at least one of her co-workers.

Bolton returned all copies of the information when requested by investigators, the summary says.

The finding by the Office of the Inspector General has been forwarded to another division in the Justice Department, the Office of Professional Responsibility. The report will be reviewed and then “appropriate action” will be taken, according to a news release, which could lead to action by state agencies. Bolton is listed as a private practice attorney in the Spokane area and is a member of the bar in Idaho.

Schultz said the investigative report amounted to continued retaliation against her client.

“The DOJ can still cause her trouble, and is saying that it still intends to,” Schultz said in an email. “That’s what retaliation is. This is what it’s done since the outset.”

A trial in the case has been tentatively scheduled for March 2017, in front of U.S. District Court Judge Donald W. Molloy of Montana. Thomas O. Rice, the Spokane federal judge originally assigned to the case, was a prosecutor in the Attorney’s Office and recused himself immediately from the case.