NYS Court Officer Terry Pinto Napolitano

The state court system leveled formal misconduct charges on Monday against Sgt. Terri Pinto Napolitano, the state court officer in Brooklyn Criminal Court who over the weekend put up a Facebook post that apparently depicted the lynching of a black man resembling former President Barack Obama.

Napolitano, who on Saturday was suspended for 30 days by the state Unified Court System with pay, has now been suspended without pay for 30 days, system spokesman Lucian Chalfen told the Law Journal on Monday. Chalfen explained that the without-pay suspension is triggered once formal charges are brought, in accordance with the collective bargaining agreement operating between the New York State Court Officers Association—Napolitano's union—and the state court system.

Chalfen also confirmed Monday that a screenshot of the racist Facebook post allegedly put up by Napolitano on her page is the same post that has led to Napolitano's suspension and that is being investigated by the Unified Court System.

The post, which has since been removed from Facebook, included a depiction, adjacent to the depiction of a black man being lynched, that appeared to show former presidential candidate Hillary Clinton being taken forcibly to a wooden apparatus for a hanging.

Asked on Monday whether the state court system had considered firing Napolitano over the post believed to have been put up by her, Chalfen said that the current suspension and investigation into her actions is the "strongest measure we can do at this point" because of the collective bargaining agreement.

"It's very clear," he said. "There is a collective bargaining agreement process that must be followed."

The formal charging document levied against Napolitano, who Chalfen said became a state court officer in 2002 and is 57 years old, states that she is "hereby charged with misconduct, and conduct prejudicial to the good order and efficiency of the Unified Court System of the State of New York, which reflect adversely upon your [Napolitano's] fitness to continue in your position as a NYS Court Officer."

The charging document, signed by George Silver, the deputy chief administrative judge of the New York City Courts, which are part of the unified system, further states that "as an employee of the Unified Court System, you [Napolitano] are required to act in a manner which treats all persons with courtesy and respect.

"In contravention of this policy," it continues, "on or about June 6, 2020, you placed a racist post on Facebook, bearing the title 'The True American Dream.' The Facebook post was under your name and displayed a photograph of you in court officer uniform over the caption 'NYS Court Officers Ceremonial Unit.'"

An effort to reach Napolitano on Monday for comment was not successful.

In the racist Facebook post allegedly put up by Napolitano, the two side-by-side depictions have an overarching caption that reads: "The True American Dream."

Above the depiction of a black man hanging from a noose, who appears to be dead, a smaller caption says: "We Will Not Yield!" At the bottom of the depiction, it says, "Your day is coming TRAITOR!"

The depiction of Clinton being led to the gallows by a group of people in dark suits is framed in a caption saying, IT'S NOT OVER TILL THE FAT LADY SWINGS!"

The posting also includes two hashtags: "#Obamagate" and "#treason."

Chalfen said Monday that after the investigation of Napolitano's alleged Facebook action is completed by the court system's inspector general, Sherrill Spatz, Spatz will recommend to Silver an outcome for Napolitano, ranging from no discipline to a firing. Silver will then decide whether to accept the recommended punishment or levy his own or no punishment. Chalfen said he did not know how long Spatz's investigation would take.

At that point, if Napolitano wants to fight any levied punishment, she could call for an administrative hearing, said Chalfen.

Chalfen also has said that as a sergeant, Napolitano is a supervisor among court officers. He said Monday that Napolitano worked in a Bronx courthouse or courthouses before she was assigned to Brooklyn Criminal Court. Chalfen could not provide Monday exact information on which previous courthouse or courthouses, or exact dates for Napolitano's previous work assignment or assignments.

On Saturday, Chief Judge Janet DiFiore and Chief Administrative Judge Lawrence Marks sent a memo to all state court staff decrying the alleged actions of Napolitano.

Addressed "To Our Court Family," the memo said that an "employee recently posted on Facebook a vile, racist photo depicting and advocating the lynching of an African American man and woman." The memo also said that the Facebook post is "abhorrent … at any time," and it pointed out that the post comes "at this critical moment in our history—when our nation is reeling from the death of George Floyd and its aftermath" and "it is a sickening and unpardonable offense against every colleague in our court system, as well as the vast and diverse public that we serve."

Over the weekend, some current court officers spoke out against Napolitano, as well as against what some said were the difficult and trying circumstances of working as a minority among other court officers. (Chalfen said Monday there are about 4,000 court officers statewide.)

Underneath a June 6 post from the New York State Court Officers Association, in which the association stated that it "does not condone the conduct of Sgt Napolitano and her racist Facebook posts," Camille Camacho-Torres wrote in a comment that "having worked side by side with Terri… I'm appalled."

Torres, whose Facebook page lists her as a "court officer at the Unified State Court System," also wrote that "being a minority officer is hard enough … but to know that someone you protected, stood by, and worked with could feel this way is disheartening… She is just one of many and I will not allow this anymore."

Also on Monday, a child-focused advocacy lawyers group in New York City revealed publicly for the first time, in an email to the Law Journal, that last summer it filed a racial and gender bias complaint involving multiple court-officer incidents.

"Our office has a bias complaint that has been pending since last summer," said the Lawyers For Children in Manhattan, calling the amount of time it is taking the state to investigate its complaint "not acceptable."

Karen Freedman, the group's executive director, called for a prompt investigation of Napolitano's alleged Facebook post.

"When I saw a copy of this vicious, shameful, racist, post by a court officer I was sickened. Court officers are an integral part of the justice system that is relied on by our clients who are overwhelmingly children of color," said Freedman.

She added, "For all of the court officers who are committed to equal justice, one racist or biased officer poisons that commitment and makes a mockery of the promise of equal justice for all."

"OCA must conduct a full and prompt investigation and if these disgraceful posts are confirmed, ensure the immediate removal of the officer who is responsible," she also said. "They also must ensure that resources and attention are effectively employed to identify and combat racism and bias throughout the NYS court system."

The New York State Bar Association's president, Scott Karson, said in a statement sent to the Law Journal on Monday: "Racist actions are unacceptable in any setting, including social media. We were especially concerned to learn that this matter involved a court officer, who has a sworn duty to protect court personnel and the public. At the same time, we are heartened that this individual's actions were quickly condemned by fellow court officers and by the leadership of the court system."