First: I am not making this up.
Here for your edification is the 25-page record of Hilburn v. McPhail, a real-estate dispute dating from March 1997, that took place in Hinds County Circuit Court. The parties were L. Breland Hilburn (as a private individual, not as circuit judge), represented by the very Bobby Sneed whose recommendations as special master Bobby DeLaughter overruled in Wilson v. Scruggs, and Joe K. McPhail, whose lawyer was Keith Shelton, also well-known to readers of this blog.
You’ll notice that Sneed filed Hilburn’s complaint (page 2) on March 10, 1997, and Shelton filed McPhail’s response (page 6) on April 4.
But now let us move from civil to criminal matters.
Twelve days after filing this pleading, Shelton and that other client of his, James Jennings, got arrested in what would become the infamy known as State v. Shelton. And guess who signed the (now-missing) documents ordering their arrests? Judge L. Breland Hilburn.
And guess what else? Those orders read "NO BAIL. " I don’t mean zero bail (i.e., that they could be released on their "own recognizance "), but no bail at all. A well-respected lawyer who’d lived locally amid his extended family his entire life — not allowed to bail out of custody for any amount of money? That’s right. Here’s the record of Shelton’s Initial Appearance that Hilburn also signed (as confirmed by those who recognize his illegible scrawl): plain on its face, "Bond set in the amount of: NONE. "
By the next morning, a lawyer for Shelton had filed an emergency motion to set bail, and at mid-afternoon, they showed up in front of the judge. According to those in attendance, Hilburn “glared holes right through” Shelton and Jennings as the lawyers recited their motions, and at the end, Hilburn said, "Motions denied. "
Shelton’s lawyer spoke up to say that Shelton was entitled to bail and he’d be filing a formal motion to set it. Hilburn replied he had some more hearings set for the next morning in Raymond, the lawyer filed the necessary formal motion, and Shelton and Jennings got hauled back to jail.
The next day in Raymond, according to those in that courtroom, things were quite different. Now Hilburn wouldn’t make eye-contact with Shelton, and "NONE " morphed into "whatever the state and defendant can work out. " Shelton posted a $5,000 bond and slept in his own bed that night.
Now I can’t tell you what happened to account for the difference in judicial demeanor and procedural result. But here’s what I do know: L. Breland Hilburn had no business within a hundred miles of a criminal case against a lawyer representing his opponent in a freshly-filed and -answered civil lawsuit. It’s awfully hard to believe that, on April 16, 1997, he didn’t know who Keith Shelton was. Maybe he’d reflected overnight on how far out he was on a limb he shouldn’t have gone out on at all? I don’t know.
Here’s something I do know: from that day forward, Shelton was essentially out of business as an attorney-at-law in Hinds County. How easy do you suppose it was, after what happened to Shelton, for McPhail to locate another lawyer willing to oppose this sitting judge?
The pleading Shelton filed twelve days before his arrest carries McPhail’s affirmative defenses that may or may not have been hard to prove but certainly weren’t groundless as a matter of law. In other words, a court couldn’t look at them and say, “Those aren’t defenses to Hilburn’s case.” They included allegations that Hilburn had breached a fiduciary relationship and even that he’d slip-sheeted (that is, swapped a document out on) McPhail and had him sign something other than what they had agreed. These might be hard to make stick, but they’re definitely defenses.
Yet notice that, when Hilburn moved for summary judgment (page 10) that June, he won it (page 15) without opposition. Wasn’t this, under the circumstances, mighty odd? The summary-judgment motion Sneed filed asserts that the answer to Hilburn’s complaint was inadequate on its face, that it raised no defense to the suit. Though McPhail’s responsive pleading just doesn’t bear that out, nonetheless, after Sneed apparently sent the motion and a notice of the hearing to Shelton (so says the court file), no one showed for McPhail at the hearing on this motion. Bingo, summary judgment granted.
After that, Sneed made some some efforts to find McPhail’s bank accounts and other assets to collect, and then came an order that the case had settled. And who, spookily enough, would sign that order (page 25)?
None other than our old friend Judge Houston J. Patton.
Circles and cycles . . .
Every time I think I can’t be shocked further…
As shown by the Initial Appearance in the Keith Shelton case, Shelton was represented by Attorney Randy Clark. Mr. Clark is an abled, skilled and zealous advocate for his clients, no matter who is involved. If Shelton had a problem with Judge Hilburn presiding over his criminal matter, then why did not Shelton (an attorney himself) or his attorney Mr. Clark file a Motion for Judge Hilburn’s recusal, the normal practice if you want a judge to step aside from hearing a case. It is evident Shelton nor his Attorney Randy Clark had no problem with Judge Hilburn presiding over the case. Is there is not enough current legal news for you to report on in Mississippi these days? I like current events not ancient history!
It would be ancient history if the reports were about how this had all been rectified… until then, it’s current legal news, in my mind.
Oh…I would LOVE to comment in public about the judge’s conduct but I better not. Lotus…..email me when you get a chance.
My Thoughts it is evident that you have no legal background. FYI – Circuit Judge Tomie Green actually handled the substantive parts of Shelton case.
Something that jumped out at me is that the Motion for Summary Judgment was filed on 4 June 1997, and was set for hearing on 13 June 1997 — just 9 days later. I don’t have my Mississippi Rules here at home, but I believe that the moving party has to give the opposing party at least 10 days notice for the hearing. Also, the hearing would have been held before the response was due. Kind of odd, if you ask me.
this is not ancient history, this is an ongoing saga for Mr. Shelton. Also there is no statute of limitations on judicial performance complaint (for good reason). Another reason this is pertinent is That Judge Hilburn still sits on the bench as does Judge Patton.
I imagine, but do not know, that a bail hearing in something short of serial murder or terrorism should not require a recusal motion but should normally be granted as routine.
tap
I thought so Jane. I’d like to say that things like this are out of the ordinary, but I spent too many daysin Circuit Court in Hinds, Smith, Jones and Jefferson Counties to believe otherwise. This is the rule, not the exception.
Safe to say that Bobby knew he could file the motion with that timeline because there would be no opposition. How could Shelton appear to oppose it, right?
I used to think the Louisiana was a crooked state, but 11 years in Mississippi have proven that Louisiana has a long way to go before it gets to Mississippi’s level. What a shame.
dear red: if you contend a motion to recuse should have been filed then admit it was not hilburn who presided over the case in chief, are you saying Mr. Shelton should have just waited in jail for a bail hearing and instead pressed for a recusal? Should he expect such pettiness out of a Circuit Court Judge? Preposterous given your claim to a legal background!!
My understanding is that it was Shelton’s client with whom Hilborn had an ax to grind . Apparently, in the course of a domestic investigation for a MS attorney it was discovered that the good judge was having an affair with a married woman ( Janet E.) who was a friend of the woman who was the target of the investigation. GASP! I don’t think her husband took the news well.
And ahh…Red, Don Leland, the attorney for Shelton’s client made it known to Hilborn that he would indeed file a motion to recuse and list the reasons therefor. Apparently, one was not needed.
Jane–”and Shirley Byers”…what a fruitloop! Couldn’t believe she ran in Holly Springs after her nuttiness when she lost her race in Greenville. A difficult person, to say the least! Wonder has she gone and gotten some “nerve pills?” God knows she needed something back when I had dealings w/ her! Very scary, indeed.
Red—I’m no lawyer, but have plenty of “legal” in my background. As I understand it, that’s not a requirement to visit or post on folo… but an interest in the topics is…. and since you claim not to have one…. get my drift?
interesting that Judge Patton signed the order, wasn’t Judge Bill Barnett the judge in Hilburn vs McPhail?
Shirley Byars raised a ruckus in the 4th circuit, but ran herself out of there rather promptly (which is pretty difficult in the delta). I think she got suspended and that was the end, if my memory serves me. Native to the area, but a little before my “career” began.
super-she was on the ballot last year over in Holly Springs. ‘ Why I said I was shocked. ‘Talk about your judicial temperament! OMG! More like judicial temper!
2006
Is anyone aware of whether the Commission on Judicial Performance is looking into any of this? I hate seeing Shelton being sweeped under the rug because most of the details happened a decade ago.
JPC proceedings super top secret confidential and SSLLOOWWW, doncha’ know…
I’m gonna call Brant Brantley tomorrow and see what he has to say.
I rarely if ever curse on a public forum, but DAAAYAAAMMM !!!!!!!!
I have been doing some skimming on the Shelton matter, but this just takes the cake. And the Supremes are still sitting on Shelton’s license????? Oh boy …. I’ve got indigestion now and it ain’t the BBQ ….
Almost without exception I was always happier practicing up here in N.MS knowing that the Jackson and the coast were different animals entirely. Maybe I was blind, but I never saw these things going on up here.
(PS “Don’t Nifong Me Bro” has to be the best handle I’ve seen in a long time)
Irate, oh yes. It’s being, “looked at” and not just by the Judicial Performance Commission. Patton’s antics go far beyond my case. Spent Monday AM pulling files and dockets and orders in Hinds County with an attorney.
Hide and watch…My email address is going to come true.
Curly, that’s my other nick for this board. Want a shirt or a hat?
Sailor: I knew she was on the ballot in Holly Springs ( fyi I have a mva case set there for tomorrow so I need to go to bed) Practice in Desoto now, and a local bar member, knowing I was from the 4th circuit area, asked me what I know about her as both lawyer and candidate. I don’t know much. Just what I heard from my lawyer daddy as to what it was like in Washington County back in the early 90′s I think. All names and details redacted.
Mercy, Mercy, Mercy!
I guess I will just have to add Judge Hilburn’s name to the list of people to run like hell from if I see him slipping into a black robe!
It’s hard to believe that this isn’t a conflict of interest, despite Red Harvey’s assertions. Why would a judge be able to make such a decision in a case that clearly affects a case he’s involved in, and that he refused bail for no good reason?
Curly if he ever gets his license back, I figure malpractice insurance won’t cover the bill!
Why doesn’t an attorney or group of you guys, instate, nationwide, step up to the plate and bat for him? Get enough of you together and get some press behind you and take care of this poor fella! That could be you someday!
If any other profession had behaved as such wouldn’t you own their grandkids!
Correct me if I’m wrong, but didn’t he get punished for following the ethic’s code?
James, I want a shirt!!!! Need an XXL ( burp…love the Q)
I haven’t been Nifong’d but I have been Scruggs’d. Can I get one that says “Don’t Scruggs me, Bro!!!”??
curly: can u elaborate on 34?
Exactly what what Shelto initially arrested for?
well, I didn’t spell out that sentence very well (it’s early..). What I meant was, what did Shelton do to get arrested?
Shelby, the short answer is: he and his client James Jennings got arrested on the false charge that they’d bribed Judge Houston J. Patton. You’ll find the story in the posts linked at “The Shelton series” under Pages on the left sidebar.
Justsittinhere 35,
I would prefer to keep most details somewhat private, but would discuss by e-mail if you are interested.
Needless to say, I got out of practicing law and into a different industry some years back, and was the target of Scruggs & Co. Although they applied their techniques to asbestos, tobacco, state farm, and NFP hospitals, they also did it to other industries.
Curly,
Send me an email!
Lotus..thanks, I had looked for that info a few days ago, but guess I didn’t look in the right place. I want to read up on that case, since I’m not at all familiar with that situation and the players.
Shelby, for a quick’n'dirty overview, you can read the first and last posts of the first day (the primary series). For the meaty details, try the intervening posts.
Jailforpatton@gmail.com
Forgive me for sayin this, but young men and women are brave enough to put their lives on the line to defend the Constitution of the US,
and we sit here……
Guess it ain’t worth defendin!
Right about now it doesn’t seem worth the paper its written on!
Guess no one’s figured out how to make a dime!
Matthew 24; 14-28