Tuesday, October 1, 2024

"Are You A Psycho? That's A Yes Or No"

The Nevada Supreme Court has administratively closed a judicial misconduct matter

This matter was docketed in this court on July 18, 2024, with the filing of a Certified Copy of Stipulation and Order of Consent to Public Censure. See Procedural Rules of the Nevada Commission on Judicial Discipline, Rule 29 (upon entry of an order of discipline pursuant to a stipulation and consent, the commission must file a certified copy of the order with the clerk of the supreme court). Because this is a consent order, the clerk of this court is directed to administratively close this matter.

The Las Vegas Review-Journal had this story in July

A Las Vegas judge has agreed to accept a public censure after the state’s Commission on Judicial Discipline found that she shouted, used profanity and took a hostile tone during hearings.

Family Court Judge Mary Perry admitted to violating nine parts of the Nevada Code of Judicial Conduct, including requirements that she comply with the law, perform her duties fairly and impartially and act in a patient and dignified way.

“What both of these hearings have in common is the Respondent’s needlessly disrespectful tone of voice, obvious changes in her mood, the use of profanity, personally demeaning comments about the litigants, and generally, her overall demeanor and lack of professional decorum toward all litigants appearing at those hearings,” the commission said of the two divorce cases it investigated in a stipulation and order published on its website Tuesday.

Besides the censure, Perry must complete remedial training with the National Judicial College on judicial ethics and judging.

And the commission said she faces a 30-day unpaid suspension, a punishment suspended for a year while she is on probation. She must follow the terms of the stipulation and order and avoid violations of the conduct code during that time.

Through a court spokeswoman, Perry released a statement about the censure.

“I have gained new insight from my experience with the commission,” the statement read. “I intend to use this experience to enhance my skills to preside over challenging cases and better serve families in our community.”

Las Vegas attorney Kenneth Friedman, who represented Perry, said Perry will not be suspended if she complies with the commission’s conditions.

In one divorce and custody case, Perry asked a litigant: “Are you a psycho? That’s a yes or no?” during a discussion of the litigants’ mental and physical health.

“Your children deserve a hell of a lot better than both of you,” she said at another point. “I’m going to take her home with me! And neither one of you will see her.”

In another divorce case, the parties settled, but Perry still made comments about how she would have ruled against one of the litigants had the case gone to trial based on information from a prior divorce proceeding. She said she did so to establish a record for bankruptcy court, but could not “articulate any legal basis for taking the actions she did,” according to the commission.

During a later hearing in that case, Perry “spoke in a hostile tone,” deprived one of the parties of “her right to be heard” and awarded attorney fees against her, the commission said.

The litigants in the cases at issue are not named in the posted documents.

The commission said Perry agreed that these cases and other complaints filed against her “evidence a concerning and ongoing pattern of judicial misconduct for which corrective action must be taken.”

Perry provided evidence that her behavior might have been caused or influenced by medication, according to the commission. The commission considered that a mitigating factor.

Friedman said he could not comment on what medication Perry takes or her underlying health issues.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2024/10/are-you-a-psycho-thats-a-yes-or-no.html

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