Former Hennepin County judge reprimanded for sexual harassment, inappropriate contact with clerk

A former Hennepin County judge has been reprimanded by the Minnesota Board on Judicial Standards after it said an investigation concluded he engaged in sexual harassment — including inappropriate sexual contact with a law clerk.

The public reprimand was issued Friday against former Judge Jay Quam, who retired last month after nearly 20 years on the bench. It stated that if Quam had still been serving as a judge, “the Board may have sought more serious discipline.”

The reprimand said Quam admitted he engaged in the misconduct that violated the state’s Code of Judicial Conduct, and also said Quam did not demand a public hearing — making Friday’s reprimand “the final action in the matter.”

Among the investigative findings outlined in the board’s reprimand:

Quam “engaged in inappropriate sexual contact with his law clerk for a period of time while she was in his employ. Several years after she left his employment, the relationship was renewed and continued until recently.” The investigation also found that Quam’s actions were “obvious and blatant,” and that on at least three occasions, “a court staff person overheard explicit sounds of sexual activity while Judge Quam and his former clerk were in his chambers.”

The reprimand notes that “judicial clerkships are marked by both strong dependence and a significant power imbalance between judge and clerk. The vulnerability of a clerk to a judge is even greater than that in most supervisor-employee relationships.”

Quam was also found to have made inappropriate comments to other law clerks, including comments that were sexual in nature.

“He also commented on clerks’ clothing in an awkward or flirtatious way, and offered compliments about food intake and appearance. One clerk estimated that Judge Quam made 50 to 60 inappropriate comments to her during her employment,” the reprimand states.

“In response to Judge Quam’s conduct, clerks began to wear longer skirts, avoid his invitations to coffee or lunch, and act in an extra-professional way to avoid attracting unwanted attention. Clerks are fearful that Judge Quam may have an impact on their career and expressed uncertainty about including him as a reference,” the reprimand states.

The investigation that led to Friday’s reprimand was underway before Quam retired in March. Messages left at a phone number and email address connected to Quam were not immediately returned.

“Judge Quam has otherwise enjoyed a good reputation throughout his career, he does not have a disciplinary record with this Board, and he cooperated with the Board’s investigation,” the reprimand states. “However, the degree of notoriety and effect of his misconduct has damaged the public’s confidence in the integrity of the judiciary. Judge Quam’s misconduct was serious and caused substantial harm to the court clerks and staff.”

The reprimand states that Quam “agrees to refrain from making any public statement that tends to justify, excuse, or contradict the facts, conclusion, or determinations” of the investigation.

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