Jackson Free Press

As reported last Wednesday, Aug. 27, Mississippi Supreme Court Judge Chuck Easley told the Jackson Free Press last week that a pro-business bloc on the court is attempting to strip other members of their seniority status. "They screwed me. They screwed (Supreme Court Justice James) Graves," Easley said.

Several judges admitted that the court has been deliberating changes to its method for determining the positions of chief judge and presiding judges, even though the court has refused Jackson Free Press information requests detailing the deliberations. "There has been no decision on the matter, but these discussions have been ongoing for some time. There's nothing new about them," said Supreme Court Justice Michael Randolph. "... Frankly, when I first was elected, I was shocked that this was the way they've always done it, because these positions require a lot of responsibility and a lot of work."

Chief justices get to set dockets, as well as make appointments to some Legislature-created committees. Lately, Chief Justice Jim Smith has been appointing new judges to Hinds County to handle the county's massive court caseload. Presiding judges also have some power in overseeing the docket. The two designations are currently based on seniority, with Smith occupying the top slot and Justices William Waller and Oliver Diaz serving as presiding justices.

Randolph said he supports the idea of electing the top positions within the court.

"I believe the positions should be based on competence and diligence," Randolph said, adding that some judges have a better handle on clearing the docket than others. "It's a matter of administrative talent."

"The internal deliberations of the court and documents concerning those deliberations are not subject to public disclosure," wrote Court Administrator Jack Pool in an Aug. 14 response.

Easley took offense at the hidden deliberations, saying members of the court were attempting to strip the seniority of other members.

"State law is real clear," Easley said. "It's been in effect for 30-something years, but they feel they can do anything. They don't care what the law says. They'll strip me of my seniority. They've got an African American judge, Judge (James) Graves, and they think they can strip him of his seniority, too."

Graves did not immediately return calls.

Miss. Code Ann. § 9-3-11 states that the chief justice will be the member of the court who has served for the longest time continuously; and, the two ... judges of the supreme court who have served continuously for the next longest time shall be presiding justices.

Randolph equated that law, created by legislators, to the court dictating legislative leaders.

"It would be comparable to the supreme court trying to dictate to the House how to elect a House speaker," Randolph said.

Easley described the deliberation as a continuation of the war in the court between justices perceived as pro-plaintiff and those perceived as pro-defense.

"Six of the judges are under the control of big business. I've never been bought by anybody, and they're scared to death that I'm going to rise up," Easley said. "Smith is chief, and presiding judges are (William) Waller and (Oliver) Diaz. Polls show Smith losing and Diaz losing. The last poll I saw shows I'm winning, and if that happens, I'm going to be in second place and a heartbeat away from being chief. They're trying to maintain their control."

The U.S. Chamber of Commerce has poured millions of dollars into state supreme court campaign races across the country, advocating for pro-business supreme court justices who will rabidly side against plaintiffs and trial attorneys.

Jackson attorney Alex Alston accused the court of being in the pocket of corporations and the insurance industry—two industries frequently on the bad end of lawsuits. Alston claimed that within the last four and a half years (the height of U.S. Chamber of Commerce influence in Mississippi court races) the Mississippi Supreme Court has reversed 88 percent of all jury verdicts in favor of plaintiffs. He further claims that plaintiffs' success rate in reversing a jury verdict for the defendants has been zero.

Chief Justice Jim Smith disputed Alston's numbers at the recent Neshoba County Fair.

"That's inaccurate," Smith told the Jackson Free Press, claiming to have examples of Supreme Court decisions proving otherwise in a file folder directly beside him. Smith refused to show the files, however, after repeated requests, telling the reporter to "go do your own research and double check."

When asked why Smith had the disputed figures with him at the fair he answered: "I (always) keep my list. That's my personal data. That's my personal information."

Randolph likewise disputed Alston's figures, but added that he had too much pertinent work to do on the court to catalogue statistics. Randolph also denied the court's deliberation to change the seniority process was political.

"That's just not true," Randolph said. "That's not the way it is."

Easley said the court turned the issue over to the court's Rules Committee, which he claims is populated by personalities who are favorable to the rules change.

"Three of the six who want this thing to happen are the Rules Committee," he said.

Comprising the committee are Waller, George Carlson and Jess Dickinson.

JFP columnist James Dickerson wrote last October that Waller took in $357,799 in 2004 from physicians and insurance companies. Dickerson also pointed out that Smith took in $316,077, Randolph took in $585,417 and Carlson drew $276,275 from similar, pro-business sources.

Easley said only the state Legislature can change state law affecting the court's seniority process, and added that he is willing to take the matter to federal court if the court pursues the change.

"It's an illegal act. I'm taking them to court, win or lose. If they want to fight, they can get ready to strap it on," Easley said.

Previous Comments

ID

133672

Comment

Messes like this are the reason we can't keep the Feds out of our business. They're going to lose when this all ends up in Federal court eventually. And when they lose, it'll set a precedent that no one will like, I imagine. Silly games.

Author

Ironghost

Date

2008-08-28T07:00:51-06:00

ID

133675

Comment

This current Court is stripping people of their rights. They have become an all-powerful "13th Juror" who can reverse and render verdicts while not even having heard the evidence. Ridiculous.

Author

QB

Date

2008-08-28T08:11:23-06:00

ID

133681

Comment

What a shock!?

Author

Walt

Date

2008-08-28T11:07:23-06:00

ID

133815

Comment

Justice Randolph is the one orchestrating this rule change. If Justices Smith, Diaz and Easley all lose their bids for re-election (which is what Randolph hopes happens), Randolph thinks he can become Chief Justice by stong-arming the three new justices into voting for him and getting votes from his lackey (Justice Lamar) as well as Justice Dickinson. That's the goal anyway.

Author

Rooker-Feldman

Date

2008-08-29T13:38:40-06:00

ID

134872

Comment

Jerry Mitchell did this story today, days after Adam broke it out (after sniffing it out for weeks). Of course, Mitchell does not credit Adam for doing the actual enterprise work on this. This wasn't a story waiting in court documents or press releases; it was investigative reporting that Adam fussed about for weeks as he tried to get the documents from the court and get people to talk. So, you're welcome, Mr. Mitchell.

Author

DonnaLadd

Date

2008-09-01T15:51:05-06:00

ID

134873

Comment

Oh, and the Ledger better not put that story up for any awards. We'll have to make a stink. Someone needs to tell Romenesko about how often the Ledger follows our enterprise stories and doesn't credit them.

Author

DonnaLadd

Date

2008-09-01T15:55:05-06:00