James Smith

From Judgepedia

Mississippi Supreme Court
Sitting Justices
Chief Justice William Waller Jim Kitchens Randy Pierce David Chandler George Carlson James Graves Jess Dickinson Mike Randolph Ann Lamar
Elections
Notable rulings
Former justices
Mississippi on Judgepedia

James W. Smith, Jr. is the Chief Justice of the Mississippi Supreme Court. He joined the court in 1993, and became its Chief Justice in April 2004. In 2008, he faced a re-election challenge in District 1, Place 3 from Ceola James and Jim Kitchens. Smith was defeated in 2008.

2008 General election results

• Challenger Jim Kitchens (54% of the vote) defeated sitting Chief Justice James Smith (36% of the vote), and another challenger, Ceola James (10%).^[1]

Career

Smith was the prosecuting attorney for Pearl, Mississippi from 1973-1980. He served as Rankin County prosecuting attorney in 1976. He was appointed district attorney for the 20th Circuit Court District of Rankin and Madison counties in 1977. He continued to serve in that position until Gov. William Winter appointed him as Rankin County Court Judge in 1982. Chief Justice Smith was first elected to the Supreme Court in 1992 and took office in January 1993. He is the longest serving member of the Mississippi Supreme Court. He became Chief Justice April 1.^[2]

Smith has also been a teacher and a middle school principal, and has served in the U.S. Army. In his time on the court, he has written 800 majority opinions.

Judicial Philosophy

Smith considers himself only an interpreter of the law.

“You could say I am an originalist and constructionist. The constitution never changes unless the people change it. We as judges are here to interpret it only.”^[3]

Contrary to challenger Jim Kitchens, Smith favors appointing judges on the appellate level--Court of Appeals and Supreme Court--but is "not looking for change at this time."

Smith says that the race is "about experience versus no experience" and says that since he became chief justice:

• The Court has eliminated its backlog of cases;
• The court has not missed a deadline since July of 2004.

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).^[4]

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.

2008 Candidacy

Kitchens critical of Smith fundraising

By mid-July, Chief Justice Smith's campaign contributions out-totaled that of any other Justice up for re-election, as well as any other challenger. While Jim Kitchens still proves a formidable financial foe, contender Ceola James campaign reported only $111 as of July 10th postings.

Kitchens's campaign, though, had lots to say about Smith's recent financial catapult. "As we predicted, Jim Smith has opened the fundraising spigot and is letting the dollars pour into his campaign. In a time of $4-per-gallon of gas, perhaps Smith's financial backers should think more about finding ways to cut the cost of gasoline for the consumer than backing a Supreme Court justice who has, for more than a couple of these donors, ruled on their behalf," said Kitchens's campaign manager, Sam Hall.

Smith campaign consultant Morgan Baldwin responded: "We are just proud to have so many citizens who are willing to support Chief Justice Smith with their campaign contributions."^[5]

Rival outraises Incumbent

Some opponents of three Mississippi Supreme Court justices are far outpacing the incumbents in campaign contributions in their quest to gain a seat on the nine-member court, based on initial campaign finance reports. In District 1, Chief Justice James Smith, who has been on the court since 1993, has raised $69,550 this year. His opponent, Crystal Springs lawyer Jim Kitchens, has raised $125,000. Smith and Kitchens couldn't be reached for comment. The third person in the race for Smith's seat, former Chancery Judge Ceola James of Vicksburg, reports no campaign contributions or distributions in the campaign finance report filed with the Mississippi secretary of state.^[6]

Fundraising good for some

There are four months left in the Supreme Court races, and as 10 candidates seek four seats on Mississippi's Supreme Court, five of them have raised more than $100,000 each. Two candidates report raising no money. Ann Lamar reported raising $31,100 during June, while Gene Barton's report shows he borrowed $42,000 from himself and $75,000 from credit cards until campaign contributions roll in to pay them off.

Statewide, the top judicial race fundraisers so far are: James Smith of Brandon - $211,999; Jim Kitchens of Crystal Springs - $186,659; Gene Barton - $142,445; Chandler - $125,838; Randy Pierce of Leakesville - $115,718. For the month of June, Chief Justice Smith of Brandon is the money leader - raising $142,449. After expenses, he reported cash on hand at $139,673.86.^[7]

Judicial Contributions and Noteworthy Rulings

Court votes to silence fellow Justice's dissent

Chief Justice Smith, along with fellow justices William Waller, George Carlson, Jess Dickinson and Mike Randolph stopped the high court's clerk from filing to the record the written dissent of Justice Oliver Diaz on an August 22, 2008 case involving "...a wrongful death lawsuit filed by an employee of the court against the Mississippi State Veterans Affairs Board."^[8]

A look at Diaz's dissent shows he argues the error of the court's decision that the statute of limitations for wrongful death lawsuits begins at the time of the injury, not on the date of death.^[9]

"The obvious result is that a wrongful death action may expire before the decedent does," said Diaz.

"My job as a Supreme Court justice is to write opinions and dissents, when necessary," Diaz said later that day. "I was prevented from doing so by a majority of the court."^[10]

Because the plaintiff was represented by one of Smith's 2008 election competitors, Jim Kitchens, the Chief Justice recused himself from the case, but voted with the other justices to silence Diaz's dissent.^[11]

Business organization scores Judges

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."^[12]

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

Smith says electronic court filing is coming

Warren County is next in line to try out an electronic circuit court docket filing system now used in federal courts, Mississippi Chief Justice James Smith told Rotarians. “This is an amazing system,” Smith said during a half-hour speech during the weekly meeting of the Vicksburg Rotary Club. “Everyone is very excited about this.” Smith said the few states with an e-filing system at the circuit level are spending millions of dollars going through vendors to supply the software. However, Mississippi’s Supreme Court, with the help of U.S. Sen. Thad Cochran, is attempting to adapt the same e-filing system already used by the federal government to the state’s circuit level. Smith said nine other states have followed Mississippi’s lead in taking this approach.

Seeking re-election to the state’s highest court position this year, Smith said he thinks of himself as an unusual politician. “I was once told that the key to maintaining an elected office is to do nothing. That when you make decisions and try to be progressive is when you cause controversy. “Well that’s not me,” he said. “I guess I’m just a little different.” Smith also said a study this year by the University of Chicago Law School ranked Mississippi’s Supreme Court second in the nation in productivity, trailing only Georgia, and ranked the state court second nationally in providing funds for underprivileged people trying to afford civil litigations. Overall, Smith, who has written more than 800 majority rulings during his Supreme Court tenure, said he is very pleased with the high court. “Right now, this is a fair, balanced, hard-working court,” said the Rankin County native who was a circuit court judge and a prosecutor before his election to the Supreme Court. “The best I’ve ever worked for.”^[13]

External links

• Chief Justice Smith says he will work to restore public confidence in the judiciary
• Supreme Court races
• Chief Justice speaks to business people in Meridian
• Rankin Countians honor Supreme Court Chief Justice James W. Smith Jr.
• Clarion Ledger
• Mississippi Supreme Court Election Information
• Judicial candidates attend seminar on campaign finance and ethics, Smith welcomes
• Campaign Finance Reports
• Mississippi Supreme Court Chief Justice James Smith Jr. Receives Award from Southern Christian Services for Children & Youth
• Rivals outraise sitting justices
• Mississippi Supreme Court Chief Justice James Smith to Southern Miss Grads: "More to life than making money"

References