Jackson Jambalaya

In today's Clarion-Ledger, David Hampton writes in his blog, " Lawyers and judges are very concerned about this situation and its impact on the public perception of the state legal system and the image of lawyers and judges. They should be. I don't think that the problems are widespread. All professions have people who lie and cheat and steal. It is more of an individual character issue than a systemic problem. " Editorial

Really? Nothing systemic? Just a few bad apples, eh. As much as I like Mr. Hampton personally, I must strongly disagree with him as there are several serious defects in the state legal system that contributed to the Scruggs scandal. Here are several ways to improve the system:

1. Stop the practice of awarding of legal contracts to campaign contributors. Currently the Attorney General acts as Santa Claus, passing out lucrative contracts to private law firms to engage in civil lawsuits for the state. Such legalized graft should be terminated and replaced with a bid system. As it is desirable to have the best firm possible representing the state, the bid system should allow for the AG to hire a firm within a certain range of the lowest bid. The temptation to hand out said contracts to campaign donors is simply too great. Lord Acton, meet Jim Hood and Mike Moore.

2. Abolish the payment of contingency fees to lawyers representing Mississippi. Mississippi should either pay them hourly fees or a retainer. What has driven this scandal is greed caused by the thought of piles of riches obtained through contingency fees on huge verdicts. It is pretty disgusting to watch lawyers who earn millions of dollars for themselves fight each other in court for over ten years over more millions. Its never enough for these modern day Shylocks as they had to have more AND their pound of flesh as well.

3. Do NOT change the system of electing judges. Yes, there a problem with electing judges as they have to take money, usually coming from lawyers. Unfortunately an appointed system will mean ess scrutiny of judicial nominees by politicians and the media. The adversarial nature of an election means each judge is scrutinized at some point. Imagine a Frank Melton or Dickie Scruggs appointing all of the judges. It only takes one bad Governor to really screw up the system worse than it is now.

4. TAKE AWAY FROM THE MISSISSIPPI BAR THE RESPONSIBILITY OF DISCIPLINING LAWYERS!!! There is a state nursing board. state medical board. state dental board. Those professions, as well as others are licensed, regulated AND DISCIPLINED by the state, NOT their trade associations. Mortgage brokers are disciplined all of the time by the Department of Banking and Consumer Finance. The state medical and dental boards successfully prosecute doctors and dentists on a regular basis. The state (and the Mississippi Supreme Court) has delegated its responsibility to the bar, http://www.mscode.com/free/statutes/73/003/index.htm. The bar drafts its own bylaws. Its officers and commissioners are elected from the bar membership. The bar, not the state, drafts its own rules of conduct. The bar, not the state, prosecutes and disciplines lawyers. It is time that this delegation of responsibility to the bar was scrutinized and possibly repealed.

What is obvious is that the Mississippi Bar has become a complete joke as it has abdicated its responsibility to discipline its profession. The remarks by lawyers this week in Mississippi about the bar and the current scandal shows they are either clueless or have no interest in truly reforming the bar. If such is the case, then we should do it for them. Sorry Charley, the ostriches had their chance and blew it. The Bar took no position on giving out no-bid legal contracts. No position on the current scandal other than a wait and see approach. Indeed, past presidents such as Jack Dunbar have perpetuated the incest by representing Dickie Scruggs in some of the suspect cases.

If there is one lesson of the Dickie Scruggs scandal it is that there is a high level of incest between the judiciary, the Attorney General's office, the lawyers, the prosecutors, and so-called consultants. The result is, which the bar refuses to believe, people see the entire system and its participants as corrupt and are sick of seeing this filth (and that is what it is is filth) sully Mississippi even more. Move over Bernie Ebbers, the Mississippi Bar has served up a legal and judicial system that dwarfs what you pulled off at Worldcom. One must give all of you rednecks credit, when you blow up something you REALLY blow it up. Who knew when Mabus said we would never be last again that this is what he meant?

The state should handle licensing and disciplining lawyers as it is quite clear that the bar can not discipline itself. The legislature and governor must reform the state legal system as there is a crisis of confidence in the ability of our judges and lawyers to act in an honest and professional manner. Sticking our heads in the sand is not going to make it go away as it will merely ensure one day we will be embarrassed yet again and wonder how such a scandal could happen.

Note: Great editorial by the Sun-Herald: http://www.sunherald.com/editorials/story/311941.html