In a handwritten note, the district judge is accused of destroying documents related to the lawsuit against her

PROVIDENCE – A former top state district court administrator is asking a federal judge to bar his former bosses from destroying evidence he says is related to his federal lawsuit against them.

Nicholas R. Cote filed a motion March 1 seeking a court order directing state District Court Chief Judge Jeanne E. LaFazia and other clerks to preserve evidence related to the lawsuit he filed last week. The motion came in response to an anonymous letter alleging that LaFazia and Lorraine Alfonso, a senior clerk, entered the Garrahy Judicial Complex at 6 a.m. on Feb. 26 and began shredding documents and deleting files.

“Just so you know, you are destroying evidence that could help your case!” reads the letter to Cote's attorney, Kevin D. Heitke. “You must take immediate action to stop this power-hungry individual.”

In the letter, signed “I'm an insider and you can trust me,” Heitke is informed that the Garrahy account is verified using the swipe pad and cameras.

Cote argues in his lawsuit that LaFazia and the others had a duty to preserve evidence because they were notified that he would sue after his resignation last November. He claims that he will “suffer extreme prejudice” if court officials fail to preserve or destroy evidence.

“[T]“The judiciary will not comment at this time,” spokeswoman Lexi Kriss said in an email on Tuesday.

“Sadly, Mr. Cote's recent allegations have now gone from fiction and fantasy to defamation and scandal,” said Michael Colucci, LaFazia's attorney, in response.

Anonymous letter after federal lawsuit

If the letter is to be believed, the administrators' alleged actions came days after Cote sued the chief judge and other judicial officials, accusing them of forcing his resignation by creating a hostile work environment and retaliating against him after he reported racist, homophobic and misogynistic behavior by a colleague. Cote alleged that LaFazia, state Supreme Court Chief Justice Paul A. Suttell, state court administrator Julie Hamil, district court administrator Jamie Hainsworth and unnamed others, among others, violated his rights under the Family and Medical Leave Act and the state's Whistleblower's Protection Act.

Cote worked as a district court “fixer” for 21 years, rising to the position of deputy administrator with an annual salary of $111,185, which Cote’s lawsuit says was due to his hard work, talent and “likability.”

According to his testimony, problems arose when LaFazia became chief judge of the court and asked him to do work on her homes in Rhode Island and Florida. The projects for the chief judge “were never quite completed” before others were proposed or requested to be completed during court hours and on weekends.

Further problems arose due to “misogynistic, racist and homophobic” comments made by then-District Court Administrator Stephen C. Waluk in the workplace, the lawsuit says.

Waluk was hired by LaFazia in 2012 as a senior court clerk and promoted to court administrator in 2015. He resigned on Dec. 2 and received a final salary of $174,143, including years of service earned through previous years of service, the court said.

The court demanded Waluk's resignation after Cote said he had submitted emails from the insolvency administrator.

More: Former court agent says he was 'coerced' into quitting side jobs for judges. Now he's suing.

Waluk expressed regret for using “bad words” in his communication with Cote.

“It must be said that many of these allegations are completely false,” Waluk said of Cote's latest lawsuit.

Cote claims LaFazia and other court officials retaliated against him for reporting Waluk's behavior by demoting him to an entry-level position, cutting his salary by $70,000 and spreading false information that he was “addicted to drugs,” the lawsuit says.

After consultation with the union, Cote was asked to resign on November 28, which amounts to a “constructive” dismissal without cause, the lawsuit says.

Cote's lawsuit is before U.S. District Judge Mary S. McElroy.

This article originally appeared in the Providence Journal: Former court mediator accuses Rhode Island judge of deleting files related to lawsuit against her