George Carlson
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George Clarence Carlson (b. 1946) is an former Associate Justice of the Mississippi Supreme Court, representing District 3, Place 3. Justice Carlson is married to Jane Ivy Russel, and together they have one son, Russel Carlson, and one daughter, Meredith Carlson Fleming.[1]
Legal education and experience
Carlson was appointed to the court by then-governor Ronnie Musgrove to fill the vacancy created by the resignation of Michael Mills. He took office on November 1, 2001, serving the remainder of Justice Mills’ unexpired term. Justice Carlson has continuously served on the Mississippi court's Rules Committee since his tenure began. In 2003, he was a recipient of the Chief Justice Award for his work thereon. Justice Carlson also serves as the Supreme Court representative on the Board of Governors of the Mississippi Judicial College. In 2004, Carlson sought election, winning an eight-year term. His opponent was Columbus attorney William Bambach. Carlson's campaign raised and spent about $384,000.
Judicial Philosophy
In a 2004 interview, Justice Carlson said, "I feel an obligation to our citizens to be aggressive in attacking any existing problems in our system. We at the Court want to continue to make sure that all parties coming into our state courts have a level playing field. All trial and appellate judges need to be about the business of strictly interpreting our laws and not “legislating.” Judges through their decisions do not need to be attempting to write the law. Our decisions and rules changes over the past few months indicate an overall desire of the Court to bring some consistency to how certain cases are tried in Mississippi."
Awards and associations
Carlson scores high with BIPEC
Judges and judicial candidates are discouraged by Mississippi judicial conduct codes from expressing their individual philosophies on almost all issues. The Business and Industry Political Education Committee (BIPEC) commissioned The Economic Judicial Report (EJR) in order to fill this void of information and give voters a meaningful measuring device for assessing how Mississippi's Supreme Courts and Court of Appeals rule. Specifically, BIPEC's concern is "liability"--as the Committee believes that the public is increasingly more vulnerable to being sued. That, "the fundamental premise behind the evaluations is that the enormous expansion of civil liability in American courts over the past 45 years discourages job growth and changes for the worse how we conduct our personal and professional lives."[3] Kay Cobb is scored highest with 82%, and Judge George Carlson is scored second highest with a rating of 75%. James Smith was scored with 72%, William Waller with 69%, and Craig Sorrell Pittman with 85%. Those scoring under 50% are James Graves (34%), Oliver Diaz (28%), Charles Easley (27%), and Chuck McRae (8%). To learn more, or read this study, visit [BIPEC's Economic Judicial Report
Political Affiliation and Campaign Contributions
In his 2004 campaign, he raised a total of $381,923. To view a complete summary, visit Follow the Money.
2004 Campaign Cost
In 2001, George Carlson of Batesville was appointed to the Mississippi Supreme Court by Governor Ronnie Musgove when Justice Michael Mills became a federal judge. In 2004, his seat came up for election with an eight-year term at stake. According to campaign finance reports filed with the Mississippi Secretary of State's Office, Carlson set to campaign across the Northern District, which covers roughly the northern third of the state, and he began to raise money. He took out four loans totaling $52,805 from First Security Bank in Batesville. When all was said and done, and Carlson had retained his court seat, the campaign had raised and spent nearly $384,000 - for a job that pays $112,530 per year.[4]
Notable rulings
Stewart v. Prudential decision
On Oct. 2, 2007 the Mississippi Supreme Court overturned, with a 7-2 decision in Prudential v. Stewart (2007), a Hinds County Circuit Court jury award of $36.4 million against Prudential Insurance. In a dissenting opinion, Justices James Graves and Oliver Diaz said that the case had been decided properly by the jury that heard the case.
The case involved Dr. Edsel Stewart, a McComb physician, who purchased a $1 million life insurance policy from Prudential and wrote out a check for $20,000 to the insurance broker. Stewart had a stroke the following day, slipped into a coma, and died about a month later. When his family attempted to collect on the insurance, Prudential refused to honor the policy. It was Prudential’s position that the policy was never commenced, as there was a "counteroffer" policy prepared, which was never delivered or signed. A Hinds County jury ruled in the Stewarts’ favor, adding more than $35 million in punitive damages.
Journalists were quick to point out that Justice Jess Dickinson, who voted to reverse the $35 million against Prudential, took more than $1 million in 2002 from various insurance companies, physicians and lawyers, including the law firm that represented Prudential. Likewise, Presiding Justice William Waller, who also voted for Prudential, took in $357,799 during 2004 from lawyers, physicians and insurance companies, as did Chief Justice James Smith ($316,077), Justice Mike Randolph ($585,417) and Justice George Carlson ($276,275).[5]
However, several facts from the case reveal these donations to be an obvious post hoc ergo propter hoc error. First, Dr. Stewart's son Larry failed to disclose that his father 1) had a stroke and 2) had fallen into a coma during the period between 9/1/99 (when Dr. Stewart's coma occurred) and when the "counteroffer" policy was completed on 9/17/99 - despite numerous conversations with the broker. Second, contract law dictates that for a valid contract to exist there must be offer, acceptance, and consideration. The "counteroffer" policy (underwritten, notably, absent the material change information withheld by the doctor's son) offered to Dr. Stewart at a slightly higher premium was never accepted because 1) he was in a coma and 2) the policy was never physically delivered for signatures, i.e., never accepted. At trial, Larry Stewart even testified that he "understood that after the issuance of the policy, there was a process for acceptance, which included delivery, to be completed before the policy would be effective."
For the full text of the case, see this link.
Court rules Judge's remarks protected
The Mississippi Supreme Court has ruled that the First Amendment protects comments of a George County court judge who said he believed homosexuals should be put in a mental institution. The Mississippi Commission on Judicial Performance last year asked the Supreme Court to publicly reprimand and fine Judge Connie Glenn Wilkerson, citing him for judicial misconduct.
Wilkerson's remarks about homosexuals were published in a 2002 letter to the George County Times, a weekly newspaper in Lucedale. In it, Wilkerson expressed his opinion about a California law that grants gay partners the same right to sue as spouses or family members. "In my opinion, gays and lesbians should be put in some type of mental institute instead of having a law like this passed for them," Wilkerson said in the letter. The Supreme Court, in a 5-2 decision on July 1, said it would not punish Wilkerson for the remarks. Justice Jess Dickinson, writing for the court in Mississippi Commission on Judicial Performance v. Wilkerson, said the statements made by Wilkerson constituted religious and political public-issue speech protected by the First Amendment. Dickinson said it was difficult to conclude Wilkerson's comments posed more of a threat to judicial integrity when courts elsewhere have upheld the right of judges to criticize the judicial system itself.
Justice Carlson, in dissent, said the issue was the Supreme Court acting in behalf of the public to ensure exemplary conduct among its judges. Carlson said citizens would appraise the integrity, independence and impartiality of the judiciary by what they see in all public and private activities of the judges. "There can be no doubt that the judge in today's case made demeaning remarks in a public letter ... expressing bias or prejudice against a targeted sector of the population which includes individuals who may be expected to come before his court," Carlson said.[6]
Mississippi's only woman on death row
Michelle Byrom, the only woman in Mississippi sentenced to die, lost an appeal of her conviction for killing her husband and for recruiting her son in the plot. Edward Byrom Sr., an electrician, was shot June 4, 1999, with a World War II weapon that had belonged to his father. In a rare move at her 2000 trial, Michelle Byrom asked Circuit Judge Thomas Gardner, instead of the jury, to decide whether she should serve life in prison or be put to death. Gardner sentenced her to death. Prosecutors said Byrom killed her husband of 20 years for money. Defense attorneys argued she had been physically abused as a child and by her husband. Edward Byrom Jr. testified against his mother during the trial as part of a plea-bargain arrangement. He later plead guilty to several charges in the murder-for-hire scheme, including conspiracy to commit murder. Gardner sentenced him to 50 years in prison with 20 years suspended. Prosecutors claimed Michelle Byrom planned to pay a hit man $15,000 with proceeds from the estate, which was estimated at more than $350,000.
The Supreme Court, in a 5-3 ruling, said none of the errors cited by Michelle Byrom justified overturning her sentence. Justice Carlson, writing in the majority opinion for the court, said Michelle Byrom's trial was not free from error. "We have found in this case that, during this trial, there were instances of error committed by the trial court," Carlson wrote. "With the numerous difficult decisions — pretrial, trial, and post-trial — which the learned circuit judge was called upon to make, many of which had to be made with only a few seconds of deliberation, errors will be made. That is a fact of life. However, we have never held that a criminal defendant was entitled to a perfect trial, even with our heightened scrutiny in death-penalty cases. A perfect trial is simply impossible." In dissent, then-Chief Justice Ed Pittman Jr. and two other justices said there were errors that justified a new trial, including the trial judge's decision to exclude from evidence a pornographic home video and some jailhouse letters.[7]
See also
External links
- Bio on Mississippi Supreme Court website
- 2004 Best for Business endorsement
- Carlson interview, 2004
- The Price of Justice
- NNBD.com
- George C. Carlson Jr. takes oath as Supreme Court Justice
- 2004 elections have potential of shift in Court
