Wednesday, 17 March 2004

Mississippi justice

Kate Malcolm (to whom I owe a NCAA tourney bracket) wonders if I have any perspective on the ongoing legal machinations surrounding Justice Oliver Diaz of the Mississippi Supreme Court. What’s perhaps most interesting is the necessary footnoting that NYT reporter Adam Liptak omits from the article. For example:

In court on March 5, Abbe Lowell, a lawyer for Mr. Minor, said the government’s theory made routine conduct by lawyers and judges in Mississippi into a federal felony.

Fun fact: Lowell served as Democratic counsel to the House Judiciary Committee during the impeachment proceedings against Bill Clinton.

[Paul] Minor, a former president of the Mississippi Trial Lawyers Association, contends that the United States attorney here, Dunn Lampton, a Republican, singled him out for prosecution for political reasons, because he is a big contributor to Democratic candidates and a vocal opponent of efforts to limit injury awards.

Minor’s father—whose libel case was at issue in the prosecution—is a political columnist for Mississippi newspapers; his politics are just slightly to the right of those of Paul Krugman.

His papers focus on what he says is similar conduct by Richard Scruggs, another prominent plaintiffs’ lawyer in the state, though one with ties to the Republican Party. Mr. Scruggs and Senator Trent Lott, Republican of Mississippi, are married to sisters.

Richard “Dickie” Scruggs was the main beneficiary of the state’s separate settlement agreement that his college roommate, former Democratic attorney general Mike Moore, negotiated with Big Tobacco. Scruggs raked in hundreds of millions of dollars of contigency fees, while Moore got to oversee a parallel shadow government under the aegis of the settlement trust fund that, to this day, remains unaccountable to the state legislature (and which spends millions of dollars per year on an anti-tobacco campaign for Mississippi youth that has been shown to be almost completely ineffective, rather than contributing to the better-known and more reputable “Truth” campaign funded by the MSA with Big Tobacco that most of the states arrived at later).

Mr. Minor is also accused of guaranteeing loans and making payments to two former lower-court judges, John H. Whitfield and Walter W. Teel.

Lawyers in Mississippi routinely appear before judges to whose campaigns they have made financial contributions.

Don’t you just love institutionalized corruption? Still, that’s an interesting juxtaposition—essentially equating personal gifts and loans (i.e. possible bribes) with campaign contributions.

I’ll leave the detailed legal analysis to Scipio. As Liptak notes, the case is somewhat tied into the ongoing mess over tort reform and “jackpot justice” (absurd non-economic damage awards) in the state, which has been a battleground between Mississippi Democrats and Republicans—and arguably is the only substantive issue in the state that white politicos disagree on, given the roughly tripartite division of the legislature into black (Democrat), white Democrat, and (white) Republican voting blocs.