Jess Dickinson

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Mississippi Supreme Court
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Chief Justice William Waller Jim Kitchens Randy Pierce David Chandler George Carlson James Graves Jess Dickinson Mike Randolph Ann Lamar
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Jess H. Dickinson (b. 1947) is an Associate Justice of the Mississippi Supreme Court. Justice Dickinson was born in 1947 in Charleston, MS, and he and his wife Janet have four sons.^[1]

Legal education and experience

Dickinson earned a B.S. from the Mississippi State University (1978), and his JD from the University of Mississippi School of Law (1982).

Dickinson represents District 2, Place 1, having been elected to that position for an eight-year term in 2004.^[2]

Awards and associations

Justice Dickinson was awarded the Chief Justice Award his first year on the court for his work in advancing the administration of justice, and he has been appointed to the Supreme Court's Rules Committee each year since. He has worked to develop "Access to Justice", a project of the Mississippi judiciary.^[3] He is a member of the Mississippi Bar Association.^[2]

Political Affiliation and Campaign Contributions

Republican. In his 2004 campaign, Dickinson ran against incumbent Chuck McRae, a colorful jurist thought of by some as leaning in favor of trial lawyers. Dickinson was backed by the Law Enforcement Alliance of America, and Mississippi groups generally categorized as pro-business. According to an article in Forbes, "Dickinson was swept into office on a down-and-dirty, name-calling campaign bankrolled by $1.2 million he raised from doctors and small-business owners--an unheard of sum for a judicial election. But he also had a hidden helper: Unbeknownst to some Mississippi voters, the U.S. Chamber of Commerce pumped $1 million more into anti-McRae ads, funneling it through local groups such as Mississippians for Economic Progress.^[4],^[5]

Two George Soros-funded groups, the Brennan Center and Justice at Stake, were particularly aggravated by the Dickinson-McRae electoral contest.^[6]

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).^[7]

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 on Rental Car firms liability; Dickinson dissents

Rental car companies are not liable for accidents that result from their unknowingly leasing a car to a motorist who lies about having a valid driver's license, the Mississippi Supreme Court has ruled. The court, in a recent 5-4 decision, said if the driver presents a license that looks legal, the rental car company can use that to defend itself against damage lawsuits. On March 23, 2002, Rogers ran a stop sign in Chickasaw County and collided with a vehicle driven by Lealue Cousin, who was injured. Rogers was cited for driving with a suspended license, to which she later pleaded guilty. The Cousins sued Enterprise and Kellems alleging negligence for renting a car to a person who did not have a valid license. Circuit Judge Henry L. Lackey ruled that Rogers presented a driver's license that appeared to be valid and unexpired. He said Enterprise and Kellems followed the law in renting the car. On appeal, the Cousins said state law requires persons renting a car to be “then duly licensed,” which they said meant Rogers had to have had a valid license at the time she rented the car. Enterprise said it followed the law and was not negligent.

Justice George Carlson, writing Thursday in the Supreme Court's 5-4 decision, said the case centered on the meaning of “then duly licensed.” Carlson writes, “We find Cousin's argument to be wholly unpersuasive and thus hold that Enterprise was not negligent ... because the statute only places a burden on rental car companies to accept facially valid, unexpired driver's licenses,” Carlson said. He said Enterprise followed the law and could not be found negligent.

Justice Jess Dickinson, in a dissent joined by three other justices, said the ruling means rental car companies can now avoid liability for renting an automobile to a person with an invalid drivers license by simply arguing that the license appeared to be valid. “The majority considers a person who possesses an invalid drivers license that appears valid to be ‘then duly licensed,”' Dickinson said. Dickinson said there was nothing in the case that suggested Enterprise had a constitutional right to rent a motor vehicle to a person with a license which was invalid, but appeared to be valid.^[8]

Court rules Judge's remarks are protected speech

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 the letter, 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 specially 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 George Carlson, in a 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.^[9]

External links

• Bio on Mississippi Supreme Court website
• The Price of Justice
• Dickinson judicial philosophy
• NNBD.com
• Dickinson sworn in
• Dickinson speaks on Tort Reform
• Magnolia Report: Jess Dickinson
• Miss. Supreme Court Overturns $80 Million Breach of Contract Verdict
• Forbes: Dickinson wins with help of Business
• Dickinson's ads against McRae
• The Nationalist: Gill v. State

References