Monday, January 21, 2008

Nothing wrong with the Mississippi legal system

In today's Clarion-Ledger, David Hampton writes in his blog, " Lawyers and judges are very concerned about this situation and its impact on the public perception of the state legal system and the image of lawyers and judges. They should be. I don't think that the problems are widespread. All professions have people who lie and cheat and steal. It is more of an individual character issue than a systemic problem. " Editorial

Really? Nothing systemic? Just a few bad apples, eh. As much as I like Mr. Hampton personally, I must strongly disagree with him as there are several serious defects in the state legal system that contributed to the Scruggs scandal. Here are several ways to improve the system:

1. Stop the practice of awarding of legal contracts to campaign contributors. Currently the Attorney General acts as Santa Claus, passing out lucrative contracts to private law firms to engage in civil lawsuits for the state. Such legalized graft should be terminated and replaced with a bid system. As it is desirable to have the best firm possible representing the state, the bid system should allow for the AG to hire a firm within a certain range of the lowest bid. The temptation to hand out said contracts to campaign donors is simply too great. Lord Acton, meet Jim Hood and Mike Moore.

2. Abolish the payment of contingency fees to lawyers representing Mississippi. Mississippi should either pay them hourly fees or a retainer. What has driven this scandal is greed caused by the thought of piles of riches obtained through contingency fees on huge verdicts. It is pretty disgusting to watch lawyers who earn millions of dollars for themselves fight each other in court for over ten years over more millions. Its never enough for these modern day Shylocks as they had to have more AND their pound of flesh as well.

3. Do NOT change the system of electing judges. Yes, there a problem with electing judges as they have to take money, usually coming from lawyers. Unfortunately an appointed system will mean ess scrutiny of judicial nominees by politicians and the media. The adversarial nature of an election means each judge is scrutinized at some point. Imagine a Frank Melton or Dickie Scruggs appointing all of the judges. It only takes one bad Governor to really screw up the system worse than it is now.

4. TAKE AWAY FROM THE MISSISSIPPI BAR THE RESPONSIBILITY OF DISCIPLINING LAWYERS!!! There is a state nursing board. state medical board. state dental board. Those professions, as well as others are licensed, regulated AND DISCIPLINED by the state, NOT their trade associations. Mortgage brokers are disciplined all of the time by the Department of Banking and Consumer Finance. The state medical and dental boards successfully prosecute doctors and dentists on a regular basis. The state (and the Mississippi Supreme Court) has delegated its responsibility to the bar, http://www.mscode.com/free/statutes/73/003/index.htm. The bar drafts its own bylaws. Its officers and commissioners are elected from the bar membership. The bar, not the state, drafts its own rules of conduct. The bar, not the state, prosecutes and disciplines lawyers. It is time that this delegation of responsibility to the bar was scrutinized and possibly repealed.

What is obvious is that the Mississippi Bar has become a complete joke as it has abdicated its responsibility to discipline its profession. The remarks by lawyers this week in Mississippi about the bar and the current scandal shows they are either clueless or have no interest in truly reforming the bar. If such is the case, then we should do it for them. Sorry Charley, the ostriches had their chance and blew it. The Bar took no position on giving out no-bid legal contracts. No position on the current scandal other than a wait and see approach. Indeed, past presidents such as Jack Dunbar have perpetuated the incest by representing Dickie Scruggs in some of the suspect cases.

If there is one lesson of the Dickie Scruggs scandal it is that there is a high level of incest between the judiciary, the Attorney General's office, the lawyers, the prosecutors, and so-called consultants. The result is, which the bar refuses to believe, people see the entire system and its participants as corrupt and are sick of seeing this filth (and that is what it is is filth) sully Mississippi even more. Move over Bernie Ebbers, the Mississippi Bar has served up a legal and judicial system that dwarfs what you pulled off at Worldcom. One must give all of you rednecks credit, when you blow up something you REALLY blow it up. Who knew when Mabus said we would never be last again that this is what he meant?

The state should handle licensing and disciplining lawyers as it is quite clear that the bar can not discipline itself. The legislature and governor must reform the state legal system as there is a crisis of confidence in the ability of our judges and lawyers to act in an honest and professional manner. Sticking our heads in the sand is not going to make it go away as it will merely ensure one day we will be embarrassed yet again and wonder how such a scandal could happen.

Note: Great editorial by the Sun-Herald: http://www.sunherald.com/editorials/story/311941.html

3 comments:

Anonymous said...

I think the Bar's silence speaks volumes. Think it's a few isolated individuals? Give me a break.

Kingfish said...

The licensing and disciplining of attorneys needs to be handled by a state agency. Not the MS Supreme Court. Probably a board should be set up consisting of appointees by Governor, Chief Justice, Speaker, and LG. Board should be a department that is employed and paid by the state and funded by bar association dues. Get rid of the incest.

Anonymous said...

Incest begats idiots. Ta-Da!



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Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


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Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

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