Controversial Judge Charles Bailey sent a blistering email lambasting a colleague that touched off what sources described as a courthouse investigation before he stepped down as Washington County Circuit Court’s presiding judge.

Bailey criticized the character of Judge Eric Butterfield and copied the email to all 13 other Washington County judges.

A day earlier, Butterfield had put his name in the running to become the next presiding judge – an administrative leader whose duties include assigning cases to other judges.

In his email, Bailey implied that Butterfield was vindictive, lazy and shirked his workload in favor of riding his motorcycle. Bailey said he planned to tell the chief justice “why you would be an absolute disaster” as a presiding judge.

The Oregon Judicial Department released the email Friday after a public records request by The Oregonian/OregonLive. The email illustrates what players in the justice system say is yearslong infighting and disagreement among members of the Washington County bench.

The email also depicts what many lawyers who have practiced in Bailey’s courtroom say is his abrasive style.

Two sources with knowledge of the inquiry told The Oregonian/OregonLive that Bailey’s email led at least one judge and possibly others to contact Oregon Supreme Court Chief Justice Martha Lee Walters with concerns about Bailey. They said Walters in turn launched an investigation into Bailey. One source said every judge in the courthouse was questioned.

Bailey announced a week ago that he would resign as presiding judge, even though his term wasn’t supposed to end for another eight months. His resignation from the leadership position becomes effective May 10. Bailey will remain a judge for the court and continue to hear cases.

In the email, sent in December, Bailey wrote he doubted Butterfield would be selected as his successor.

“Even if you got it you wouldn’t last more than a month before you would quit or make life difficult for everyone around you like you have done many times in the past,” Bailey wrote.

Butterfield declined to comment on the email.

The history of what led Bailey to write the email isn’t clear but he appeared to reference history with Butterfield.

“You can’t start something and quit it after a short period because it is too hard or too much work,” Bailey wrote. “...You can’t tell another judge to ‘F’ off. ...“You can’t get to work just before your docket begins.”

Bailey wouldn’t comment publicly about why he’s resigning from his presiding judge position, but the Judicial Department released his resignation letter Friday in response to the public records request. Bailey wrote in that letter that he believed the chief justice and other judges were discontent with him.

“Although my time as the Presiding Judge in Washington County has been, for the most part, satisfying and productive during the last four plus years, over the last few months I have become unsatisfied with the work situation,” Bailey wrote.

“More importantly, I believe you and a few judges in Washington County are also not satisfied and have lost confidence in my ability to run the Washington County Court,” he continued.

Bailey also implied that he felt closely watched by Walters, who appoints presiding judges in her role as chief justice.

“(Y)ou deserve to have a Presiding judge that you have faith in and will not feel the need to micro-manage,” Bailey wrote to her.

-- Aimee Green

agreen@oregonian.com

o_aimee

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