folo

Jerry Mitchell reports a most interesting development this morning.

A judicial elections committee on Wednesday condemned a misleading television advertisement that claims state Supreme Court Justice Oliver Diaz Jr. "voted for" two baby killers and the man executed for beating a woman to death.

The truth is Diaz, who is seeking re-election, wasn’t on the court when one case was heard. In a second, he voted for a hearing on DNA testing, not against conviction. And in a third, he joined then-Chief Justice Ed Pittman in concluding that trial errors required a new trial.

Comcast is now pulling the commercial, which the Special Committee on Judicial Election Campaign Intervention found violates the Code of Judicial Conduct.

A third party — The Law Enforcement Alliance of America of Springfield, Va. — sponsored the ad and didn’t return calls for comment. …

The Mississippi Supreme Court created the five-member special committee, headed by former Justice Fred Banks Jr., in 2002, especially to investigate allegations of campaign misconduct. In addition to the LEAA televised ads, the Banks committee “also criticized newspaper advertisements listed on the ads as being taken out by the Mississippians for Economic Progress because they single out ‘trial lawyers’ — a common reference to attorneys who represent plaintiffs in litigation for damages.”

In a statement, the judicial committee said it "condemns these ads as they urge a biased rather than an impartial court system.

"These ads … urge a course of action which is not in keeping with the duty of a justice of the Supreme Court to decide the legal issues on an impartial basis. A judge is sworn to uphold the law and adjudicate cases in accordance with law, and not ignore the law based upon the popularity or infamy of those who appear before the court or the heinousness of the crime of which they are accused." …

"It is the view of the Special Committee that this material is inappropriate to judicial elections in that it urges partiality rather than impartiality in the judicial function," the committee said. "Accordingly, the use of material which speaks of ‘trial lawyers’ pejoratively and which seeks to impact the election of judges is condemned."

Mitchell reports that Brian Perry, MEP executive director, claimed in a letter to the judicial committee that this was not a campaign advertisement and that the committee lacks authority over his nonprofit organization. MEP "promotes tort reform and civil litigation reform. … Certainly, many trial lawyers disagree with us. If they didn’t, we wouldn’t be necessary," Perry wrote. Though that’s amusingly non sequitor, the biggest comedian is Bubba Pierce:

… Pierce responded he can’t renounce an ad or say it’s "misleading" when he hasn’t even seen it all.

Even if he had seen the entire ad, he said he simply doesn’t have the time to fully research the cases to find out if the ad is true or not. He said he hasn’t said anything negative about Diaz and won’t.

"At the end of the day, voters will take a look to decide which one will go up and follow the law and be fair and honest," he said. "I think we’re going to win."

It happens that a foloer has supplied the complete text of the Special Committee’s statement, as follows:

The Special Committee on Judicial Election Campaign Intervention issued a public statement today regarding advertising material circulated by Mississippians for Economic Progress which attempt to impact the race for the Supreme Court in the Southern District of Mississippi.

The Special Committee said:

Print material circulated by an organization calling itself, Mississippians for Economic Progress,  in support of the candidacy of Judge Pierce in his race against Justice Diaz, has been brought to the attention of the Special Committee. The material in question singles out “trial lawyers” which is a common reference to lawyers who represent individual plaintiffs in lawsuits for damages. It is the view of the Special Committee that this material is inappropriate to judicial elections in that in urges partiality rather than impartiality in the judicial function. Accordingly, the use of material which speaks of “trial lawyers” pejoratively and which seeks to impact the election of judges is condemned.

Committee member Michael Wallace would not have found that these materials violate the Code of Judicial Conduct.

The Mississippi Supreme Court created the Special Committee on Judicial Election Campaign Intervention in its 2002 revisions to the Code of Judicial Conduct. The five-member Special Committee investigates allegations of campaign misconduct. If the Special Committee finds evidence of some campaigning impropriety, it may issue a confidential cease-and-desist request to the candidate. If a cease-and-desist request is disregarded, the committee may issue a public statement about violations. In the last 10 days of an election, the Special Committee is authorized to take into account the exigencies of the circumstances.

Former Supreme Court Justice Fred L. Banks Jr. of Jackson is chairman of the Special Committee on Judicial Election Campaign Intervention. Other members of the Special Committee are Jackson attorneys Michael Wallace, Lisa Ross and Tim Ford, and Booneville attorney Ronald Michael. Members are appointed by the Chief Justice of the Supreme Court, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives and the Chair of the Commission on Judicial Performance.

Questions about the Public Statement should be directed to Commission on Judicial Performance Executive Director Luther T. Brantley III at 601-359-1273, or to a member of the Special Committee.