Mississippi Legal News of Note
Couple of items I wanted to make sure and pass along in case you had missed them
- Ann Hannaford Lamar of Senatobia was appointed to the Mississippi Supreme Court by Governor Haley Barbour to fill departing Justice Kay Cobb's Northern District post. Lamar is a former Circuit Court Judge for the 17th district and former District Attorney. I know very little about Lamar but she looks qualified and has stayed out of the news for anything that might be considered "bad". On a personal not I would like to say I am glad Barbour appointed a female to replace the only female that was on the Court. I'm not a huge feminist supporter but females make up half of the population of the State there should be at least one on the State's Supreme Court.
- former Court of Appeals Judge and current nominee to the 5th Circuit, Leslie Southwick, has had his confirmation process started with the often contentious questioning before the Senate Judiciary Committee. According to some news articles opposite has arisen due to votes Southwick made while on the Court of Appeals. Southwick responded with [paraphrasing] I voted with an opinion that accurately reflected what the law in Mississippi states. I understand the groups that disagree with what these cases held and don't like Southwick's voting (not authoring) these opinions but a Judge's job is to rule on what is the law, not to make the law and if the law is not unconstitutional then there is not much the judge can do; and further if the law is not challenged as being unconstitutional they shouldn't even consider that. I'm not sure of the background on these complaints but what I have seen looks like certain groups are trying to make a problem where there is none to be made. For more discussion on this nomination I recommend googling Judge Southwick's name and there are many articles and blogs out there this week.
posted by B.C. Barnes @ 3:47 PM
2 Comments:
I urge the President to find a better candidate than Leslie Southwick, whose actions have shown him to be unworthy and insensitive. To allow this nomination to be confirmed would condone and legitimize his obvious disregard for issues that confront minority communities. Southwick made a decision in Richmond v. Mississippi Dept. of Human Services to uphold the reinstatement of a worker who referred to a co-worker as a “good-ole nigger” after a hearing officer found that calling the employee “a good ole nigger’ was the equivalent of calling the employee a “teacher’s pet." Southwick also has a proven pattern of approving peremptory challenges that exclude minorities from juries (striking persons from serving on a jury, usually without giving a reason). Those who serve on the bench must not only have a good judicial temperament and be well-versed in the law, they must also have a sound understanding of what constitutes invidious discrimination, as well as what constitutes a hostile work environment.
We have to assume that people may give us only one clue into their inner-most thinking. We cannot avoid the clues given to us by Southwick in his Richmond v. Mississippi Dept. of Human Services ruling and his rulings on race discrimination in jury selection. These rulings are indicative of Southwick’s willingness to condone overt bigotry and engage in covert discrimination. We cannot ignore this evidence before us-- it must be examined before it is too late and a lifetime appointment is made.
Cragg Hines of the Houston Chronicle was absolutely on target when he compared Southwick to Don Imus. Judges have a necessity to be impartial. Southwick and his Imus-like mentality must not be allowed to serve on the bench in the 5th Circuit, the federal circuit with the highest percentage of minorities. Though we may not have evidence on how he would view other minorities, the evidence we do have tells us this is not a person with an adequate understanding of minority issues. It is essential, knowing what we know now, for the President to rethink and withdraw the nomination of Leslie Southwick to the 5th Circuit Court of Appeals-- Southwick is not the only person available. There are other candidates who are capable, competent, and qualified without this Imus-like mentality and they must be considered.
Congressman Green, I appreciate your comments but have to disagree with several of your issues, I will take them in roughly the same order you did.
First, I’m pretty sure President Bush doesn’t read this blog so no need to urge the President on this site (unless this is just a copy/paste response to any pro-Southwick article or blog which is what I am sensing).
Second Southwick did not make the decision in Richmond v. Miss DHS, he was one of five judges who ruled one direction and of the 4 dissenters they split amongst themselves with what was wrong with the majority opinion. I think it should also be noted Southwick did not write the opinion he only voted on it.
Third, you say Southwick “has a proven pattern of approving peremptory challenges that exclude minorities from juries”, however you give no citation. I think your beef here might be more with Mississippi Law than with Southwick’s voting background, judges do not make the law they merely rule on facts as applied to actions of the legislature. Southwick was ruling in accordance with his interpretation of the law as all judges should.
I am also surprised that you revert to name-calling with your “Imus-like mentality” comment. I personally know Judge Southwick and would not in any manner associate him with the comments that got Don Imus fired.
I also take offense to your inclusion of the 5th circuit as “the federal circuit with the highest percentage of minorities”, this is irrelevant to the qualifications of a judge and borders on race baiting on your part. If you have actual proof I invite you to share it, but Cragg Hines and you with your comment do nothing but spout unfounded allegations in an attempt to smear this qualified candidate.
If you are not happy with the state of Mississippi law that is fine, I’m not that happy with it myself, but any judge, including Judge Southwick can only rule on the facts as applied to the laws passed by the legislature and the Mississippi Constitution.
You conclude your comment with: “There are other candidates who are capable, competent, and qualified without this Imus-like mentality and they must be considered.” Please share these candidates with this blogs audience so we know who you deem to be more qualified and perhaps we can further a discussion on what are the proper qualifications for a federal judgeship.
Post a Comment
<< Home