Traverse City Record-Eagle

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December 6, 2008

No formal complaint for family court judge

Commission stops short of formal discipline proceedings

BY BRIAN MCGILLIVARY

TRAVERSE CITY -- An agency that oversees Michigan judges took "corrective action" against local Probate Judge David Stowe in response to a misconduct complaint.

But the state's Judicial Tenure Commission stopped short of filing a formal complaint against Stowe, 57, a family court judge in Grand Traverse County, that could have resulted in significant discipline.

Stowe had a personal relationship with Cynthia Curry, who worked for him in the family court while he administered child custody matters in her divorce case. Stowe subsequently fired, then paid a $69,000 settlement to the county's family court administrator for reporting the relationship.

Curry's ex-husband, county resident Ronald Curry, this year lodged a complaint with the Judicial Tenure Commission over Stowe's actions. Paul Fischer, executive director of the JTC, responded to Ronald Curry's complaint in a Nov. 12 letter.

"Occasionally, a judge's conduct falls short of the ideal judicial officer, yet does not warrant commencement of formal discipline proceedings," Fischer wrote. "In this matter, the Commission has taken an appropriate corrective action."

Fischer declined to explain the JTC's corrective action against Stowe. The commission's investigations are confidential unless referred to the Michigan Supreme Court.

Stowe did not return messages seeking comment.

Ronald Curry said he was disappointed by the JTC's decision.

"They say he didn't do anything illegal, but if you take taxpayer money, basically mine and yours, and pay off somebody to be quiet, how can that not be illegal," Curry said. "I just think they are really just screwing the system. They think that they are above the law and everything else."

Stowe hired Cynthia Curry in 2002 as a juvenile probation officer, and they allegedly began a personal relationship by year's end. Stowe also presided over Cynthia and Ronald Curry's divorce and ongoing custody issues from 2001 until 2006, when Ronald Curry complained of the relationship to court officials.

The Stowe-Curry relationship continued after she went to work for Holy Cross Children Services in 2005. Holy Cross received an influx of court funds -- it more than doubled to $251,837 -- after Cynthia Curry went to work for the agency.

Cynthia Curry also proved a divisive factor in Stowe's dealings with family court administrator Michael Stein. Stowe fired Stein in early 2007 after Stein reported Stowe's alleged actions to Grand Traverse County officials, who forwarded the allegations to the state.

Stein threatened a Whistleblower lawsuit and Stowe paid Stein $69,000 from court coffers to prevent a suit, an agreement that prohibited him from making negative comments about Stowe's actions.

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