Celebration Followed by Sadness for Mississippi's Federal Judiciary

Friday Mississippi's federal judiciary celebrated the appointment of District Judge Carlton Reeves with his investiture at Jackson State University. The vast majority of the Mississippi federal judiciary attended the event, which was marked by several moving speeches about the Yazoo City native's accomplishment of becoming a federal judge.

Judge Reeves' former law partner Cliff Johnson served as the Master of Ceremonies “Special Master” of the the proceeding. Former Southern District U.S. Attorney Brad Pigott gave what, to me, was the best speech of the event. Pigott—who worked with Reeves for many years at the U.S. Attorney's office and in private practice—noted that Reeves was born in 1964 when white supremacy still ruled in Mississippi. Today, it is hard to imagine how big a disadvantage it was to be born African-American in Mississippi in 1964. Mississippi has come a long way in the last forty-seven years and Carlton Reeves is as good of an example of that as there is.

An emotional Judge Reeves told a humorous and moving account of the first time he entered a law office when he was a teenager. It was the Barbour Law Firm in Yazoo City. Reeves was there to help his mother clean the offices. While his mother cleaned, Reeves played with, and then broke, the copy machine. On Friday, Senior Judge William Barbour, Jr., formerly of the Barbour Law Firm in Yazoo City, administered the oath to Judge Reeves. That may sound like a Hollywood movie, but it's true.

Following the administration of oath and presentation of robe, Judge Reeves took his seat next to Judge Sul Ozerden. Judge Ozerden's investiture several years ago was marked by his moving account of his father's immigration to the U.S. from Turkey with a plane ticket, one suitcase and very little money. I doubt that anyone who personally knew Reeves or Ozerden as they grew up is surprised by their achievements. The story is not that they had the talent to become federal judges, but that they could. Fifty years ago Reeves would have been prevented by his skin color; Ozerden by the fact that his father was not sufficiently 'good ole boy' to have a son rise that far, that fast.  

Perhaps people who think that things used to be better 'back in the day' are wrong. Today, the phrase that “all men are created equal” is more true in this country than it has ever been.

Sadly, Friday's celebration was followed by the death on Saturday of Senior U.S. District Judge Dan Russell, Jr. of of Gulfport. At Judge Reeves' investiture, Southern District Chief Judge Louis Guirola spoke of talking to Judge Russell the prior day and conveyed Russell's wishes of Godspeed to Judge Reeves. Judge Guirola spoke highly of Judge Russell with emotion in his voice. I will reflect more on Judge Russell's passing in a post on Tuesday.          

$1.17 Million Verdict in Hancock County Katrina Bad-Faith Trial

On October 26, 2010 a Hancock County jury awarded $1,170,000 to Coastal Hardware Store in a bad faith case against Lloyds of London. Coastal Hardware was destroyed by Hurricane Katrina. Lloyds refused to pay the claim despite accepting premiums for the insurance. The verdict is one of the largest—if not the largest—in the history of Hancock County.

Coastal Hardware is located in “the” Kiln. An earlier trial in August resulted in a mistrial due to the acoustically challenged Hancock County courtroom. I am not sure if the retrial was moved to Gulfport or relocated to a different courtroom in Hancock County.

The case involved an interesting twist. Two days before Katrina, Lloyds mailed the policy to the Kiln post office. Being the U.S. Postal Service, the policy did not arrive before Katrina. The Kiln post office was destroyed in Katrina, so Coastal Hardware never received the policy.

Circuit Judge Lisa Dodson ruled that the governing contract consisted of quote sheets provided before Katrina.

Coastal Hardware thought that it had a strong punitive damages case, but the jury voted to not award punitives by a 9–3 margin. Hancock County is very conservative. My guess is that the jury thought that over a million in damages was enough.

Former U.S. Attorney Brad Pigott of Pigott Reeves & Johnson in Jackson represented Coastal Hardware. Whit Johnson of Currie Johnson in Flowood represented Lloyds.

 

Mistrial in Hancock County Wind vs. Water Trial Raises Serious Due Process Questions For Criminal Convictions in Hancock County Courthouse

On Thursday Hancock County Circuit Court Judge Lisa Dodson declared a mistrial in a Hurricane Katrina wind vs. water trial between Coastal Hardware and Lloyd's of London. The reason for the mistrial was that the jury could not hear the witnesses due to acoustic problems in the courtroom in the recently renovated Hancock County courthouse. I discussed the problems in this post last year.

It's my understanding that in the trial last week Judge Dodson questioned jurors after a juror complained of not being able to hear the witnesses. Several other jurors admitted to having trouble hearing the witnesses. One juror said that they could hear every few words. As a result, Judge Dodson ordered a mistrial.

Former Southern District U.S. Attorney Brad Pigott represents the plaintiff. Whit Johnson of Currie Johnson in Flowood and Atlanta lawyers represent Lloyd's.

The trial will be re-set in October with a Hancock County jury. But the trial will take place at the Harrison County Courthouse in Gulfport.

It is reported that of the four Circuit Judges who cover Hancock County, three already refused to hold trials in the courtroom because of the acoustic problems. But after this latest mistrial, I would be surprised if any of the judges will hold jury trials in the courtroom until the problems are fixed.

More importantly, this raises due process questions about prior trials in the courtroom—particularly prior criminal trials. I hear that there have been two criminal convictions in trials held in the courtroom.  There is nothing to suggest that the experience with the jury last week was unique. This means that juries in the previous criminal trials likely also had trouble hearing witnesses. How would you like to be sitting in Parchman based on a conviction where jurors could not hear due to acoustic issues? This could create some interesting issues for the Mississippi Supreme Court to grapple with.