Mississippi Commission on Judicial Performance v. Mary H. Curry

249 So. 3d 369 (Miss. 2018) · Supreme Court of Mississippi · July 26, 2018 · No. 2018-JP-00194-SCT

Summary

The Mississippi Supreme Court approved a joint recommendation by the Mississippi Commission on Judicial Performance and Justice Court Judge Mary H. Curry for a public reprimand. The court found that Curry committed willful misconduct and conduct prejudicial to the administration of justice by mishandling matters involving relatives, improperly dismissing domestic-abuse petitions, waiving an expungement fee, and seeking the removal of a complainant from employment.

Holdings

  1. Judge Curry's conduct constituted willful misconduct in office and conduct prejudicial to the administration of justice that brought the judicial office into disrepute.
  2. The Commission's findings were supported by the evidence, including Judge Curry's admissions and documents concerning the misconduct.
  3. A public reprimand was an appropriate and proportionate sanction for Judge Curry's misconduct.

Questions Presented

  1. Whether Judge Curry's stipulated conduct constituted willful misconduct in office or conduct prejudicial to the administration of justice that brought the judicial office into disrepute under Section 177A of the Mississippi Constitution.
  2. Whether the Commission's factual findings and recommended sanction were supported by the record.
  3. Whether a public reprimand was a proportionate sanction for Judge Curry's misconduct.

Disposition

approved

Cases Cited (13)

  • Miss. Comm'n on Judicial Performance v. Harris, 131 So. 3d 1137, 1142, 1144 (Miss. 2013)(followed)
  • Miss. Comm'n on Judicial Performance v. Vess, 227 So. 3d 952, 956-57 (Miss. 2017)(followed)
  • Miss. Comm'n on Judicial Performance v. Dearman, 66 So. 3d 112, 118, 120-21 (Miss. 2011)(analogized)
  • Miss. Comm'n on Judicial Performance v. Roberts, 227 So. 3d 938, 949-50 (Miss. 2017)(analogized)
  • In re Chambliss, 516 So. 2d 506, 506-07 (Miss. 1987)(analogized)
  • Miss. Comm'n on Judicial Performance v. Brown, 918 So. 2d 1247 (Miss. 2005)(analogized)
  • Miss. Comm'n on Judicial Performance v. Bustin, 71 So. 3d 598, 604-05 (Miss. 2011)(followed)
  • Miss. Comm'n on Judicial Performance v. Sanford, 941 So. 2d 209, 215 (Miss. 2006)(followed)
  • In re Bailey, 541 So. 2d 1036, 1039 (Miss. 1989)(followed)
  • Miss. Comm'n on Judicial Performance v. Darby, 143 So. 3d 564, 570 (Miss. 2014)(followed)

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