Attorneys are discussing what changes are needed to restore confidence in Mississippi’s legal system after five of their own pleaded guilty in a judicial bribery case and a federal judge on the Coast cited several law firms for breaching legal ethics in Katrina insurance cases.
“I can’t imagine anything worse than attempting to bribe a judge,” said Gulfport attorney Donald Dornan, who spoke as a private attorney and serves on a task force the Mississippi Bar recently appointed to improve public confidence in the legal system. “It’s as bad as it gets. We should not sugarcoat it. We should not try to rationalize it or justify it. It is bad.”
He added, “I think when the public sees that we’re cleaning up our own house, that will restore some measure of public confidence.”
The task force members have agreed to speak publicly about their findings through the report they hope to issue by early fall.
I didn’t know until now that only three staff lawyers police the Mississippi Bar’s 6,700+ membership, but so Anita reports. She also quotes incoming president Rodger Wilder of Gulfport, “Some people would say, ‘You need to have appointed judges,’ ‘You need to have stronger campaign-finance laws.’ I think that’s something we need to study systematically and have some discussion as to what would be best.”
The story includes sidebars on the memberships of the Bar’s post-Scruggs task force and Committee on Professional Responsibility, as well as a link to Judge Senter’s order disqualifying the SKG-KLG crowd in McIntosh.
Comments, Peanut Gallery?
Everybody knows that attorney self-regulation is nothing but a scam! Don’t you read overlawyered.com? Kidding. But I think that is the public perception.
Just a thought and question about our new statute on judicial bribery.
If it’s a new separate statute it won’t be retroactive, and – perhaps more importantly – would apparently imply briberty ofjudges wasn’t covered under the old statute.
Might it have been better to leave well enough alone, or simply amend penalties in the old statute? Can anyone clarify this for me?
In addition to the telephone conferences I have had with personnel at our MSBar office re these scandals and related issues, I — along with every other member of the MSBar — was given an opportunity to send a written comment outlining my suggestions for issues to be addressed by the task force and to detail what my suggested solutions would be.
So far, I am pleased with the opportunity for input by all who are concerned. And I look forward to seeing what this pretty impressive and representative group comes up with, both within the jurisdiction of the MSBar, and outside with respect to suggested legislative changes related to selection of judges and campaign financing.
I am not quite sure where to put the following comment, but for lack of a better place, will put it here in this thread.
Since the stories re the Scruggs related scandals broke in mid-November, I have seen many folks commenting here criticizing our state and MSBar (to some extent) for reacting too slowly to these revelations.
At this time, a little over 4 months from when the stories first broke, the US v Scruggs case is essentially over, with the only remaining items being the sentencing of the defendants — including some which will be delayed to insure their cooperation in future prosecutions that appear certain to occur. The corrupt King of Torts, and his prince, are done, along with several of his Court and Court Jesters. And much of the credit is due to the excellent preparation of the prosecution and the pragmatic, no nonsense approach taken by Judge Biggers from the bench.
I have seen other such stories and cases develop in other states, and drag out for years. We were essentially done with this case in about a quarter of a year. Not bad, not bad indeed.
All of the defendants who have pled guilty to date will most likely be sentenced to prison time, and all who were lawyers have been or will be permanently disbarred. Some of them will still face future prosecution absent a new attitude of cooperation.
Time for Round Two.
I have seen other such stories and cases develop in other states, and drag out for years. We were essentially done with this case in about a quarter of a year. Not bad, not bad indeed.
Quite true. If anybody is interested, google “Amiel Cueto disbarment” for a radically different story.
I can think of something worse than bribing a judge in a dispute over attorney fees: Sentencing innocent people to death and/or prison using planted evidence and/or fraudulent forensic testimony. Don’t let the bar or the state pretend that the only problems are the actions of Scruggs and his associates.
“Smoke and Mirrors”
Friend of the Law, You wrote
“At this time, a little over 4 months from when the stories first broke, the US v Scruggs case is essentially over, with the only remaining items being the sentencing of the defendants”
For some reason this worries the heck out of me. I think there is a reason all five pleaded guilty so fast. I think that reason is, there are others implicated. Others that are or were in seats of power that could call the forces of hell down on them. I kinda figger that Scruggs Sr & Jr. will both be back in the limelight either practicing law or in politics in the future. Either way they keep their fortune and will be able to add to it.
Faith in our system of laws? Not here in Mississippi.
Jim, I did not mean to imply that the entire ordeal was “over” or anything yet close to “mission accomplished”. I was just referring to the US v Scruggs matter re the Lackey judicial bribery attempt. Yes, there were others involved in THAT matter who were not charged as defendants (eg PL Blake comes to mind, as does Ms Patterson, etc. etc. ). So, there may be more coming even regarding that particular set of facts, or there could be good reasons they weren’t included in Round One (reasons that will be more clear to all of us down the road).
I do think we will see more prosecutions on the way, at the appropriate time for the feds, re the DeLaughter related matters (to include Scruggs, Peters, and others). And there well may be other matters.
I am just impressed with the speed in which all of Round One took place. Being a lawyer, I am unfortunately all too familiar with the usual slow speed of justice. In terms of legal time, this case was resolved at light speed.
No, there is still more work to be done. More folks to prosecute. More corruption to be uncovered. The mission is not yet accomplished. And we can only hope that the latter rounds of this fight take place with the same speed and progression as this one did.
Already, the recent beef processing matter is on the usual time track of “forever” (with no slight meant at all to NMC — he is defending one of the defendants — as it is to his client’s advantage, for the most part, to delay and have as much time as needed). The trial in that case, as of now, has been delayed to the fall. I would be surprised if it even goes forward then. But, with a different judge, and different prosecutors, with a different sense of how fast things should proceed, you get different results.
Such is why I was pointing this out. You just don’t normally see cases like this Scruggs case proceed as fast as it did — anywhere. And it was indeed refreshing. And I think it reflects well on our state. We (me included) always tend to focus on the bad, without pointing out the good. Well, chalk up one in the “good” column.
And don’t worry about seeing any of these folks practicing law in MS (or anywhere else for that matter), in the future. They have been or will be permanently disbarred. That party is over.
They can still work at Adams & Reese. That’s where George Dale is. You don’t have to be a lawyer to work for a law firm. Just can’t go to court. Can’t wait to see what firm Patterson goes back to when he finishes his 12 months.
I would have to agree regarding the speed with which this was wrapped up. A prominent Madison County Il Plaintiffs attorney was accused of sexual and drug peccadilloes some 2+ years ago , was indicted April 2007 and had a March 17 trial date this year. It appears to have been further postponed . Mr Lakin tried copping a plea for the drugs but not the underage sex. The judge:
“This case isn’t like wine,” Gilbert said. “It’s not going to get better with age.”
The lakin case is quite parallel to Scruggs subbing sex for bribery and allowing the son off.
Incidentally Courtney Cox is the Federal Atty in this district, and no, not that Courtney Cox.
So will AG Hood’s ethics be called into question?
He admits that he is too close to many of these lawyers. How can he be an effective law enforcement officer? Time to resign ?
Upon further review, my comment about the speed of the beef plant case may have been misplaced. IF this trial takes place in August as currently scheduled, then it will be on approx. the same fast timeline as the Scruggs case — with each set for trial approx. 5 months out from the indictments.
Maybe this will be the new standard timeline for these federal criminal cases involving corruption in MS — 5 months from indictment to trial. Folks, that is FAST in the legal world.
Generally, federal courts run circles around state courts in timely disposition of criminal cases. There are numerous reasons for this, most notably better staffed investigative resources, better staffed courts, significantly smaller caseloads, and, perhaps most importantly, well-developed case management plans drafted around the Speedy Trial Act. Federal courts put great stock in highly detailed statistical data compilation and analysis, all focused on keeping cases moving. As in most other aspects, Mississippi state courts are several decades behind the federal judiciary. We need to do better, but the standard canard says it all: “Forget it, Mack. It’s Mississippi.”
Hell, I ‘m still waiting for electronic filing that the MSSC has been looking into for a few years…
I think the biggest problem is the lack of being proactive.