Mississippi Litigation Review & Commentary : Mississippi Personal Injury Lawyer & Attorney : Phillip W. Thomas Law Firm : MS Litigation Review & Commentary

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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.          

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Southern District Chief Judge Louis Guirola swore in Carlton Reeves as a United States District Judge this morning in Judge Wingate's courtroom at the federal courthouse in Jackson.

Congressman Bennie Thompson attended the ceremony, as did most of the federal court
 judges based in Jackson and several Mississippi Supreme Court Justices and Court of Appeals Judges.

Judge Reeves spoke for about ten minutes after being sworn in. It was a moving speech and Reeves was overcome by emotion several times.  

Judge Reeves' chambers will be in a temporary location in the current courthouse until the new federal courthouse opens--hopefully within the next 60 days.

Apparently, there have been delays in construction at the new courthouse. One story I've heard is that contractors did not run enough phone lines for the building and they had to rip up concrete to run additional lines. I also hear that no one can move into the building until it is 100% complete.

Judge Reeves' formal investiture ceremony will be later in the Spring.  

Here is the Clarion-Ledger article on the ceremony.

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Today's headlines suggesting that Justice James Graves' nomination to the 5^th  Circuit Court of Appeals is dead are misleading. Judicial nominations not yet approved by the full Senate die as a matter of course when the Senate adjourns for the year. That does not mean that Graves will not be confirmed.

The key statement in the article is this:

Rick Curtsinger, spokesman for U.S. Sen. Roger Wicker, R-Miss., said President Barack Obama can resubmit Graves' name when a new Congress convenes in January.

This was not unexpected. Carlton Reeves barely got confirmed before the Senate adjourned and his nomination was months ahead of the Graves nomination. Barring something unexpected happening President Obama will re-nominate Graves and he will get confirmed by the full Senate in the first half of 2010.

Meanwhile, I'm hearing that Carlton Reeves will take the oath by the end of next week with a formal investiture later in the year.

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Here is the Clarion-Ledger's article on Carlton Reeves' confirmation as a U.S. District Judge for the Southern District of Mississippi. The Senate confirmed Reeves in a voice vote on Sunday.

This has been a long time coming to say the least. The fact that Reeves would get the position after President Obama won two years ago was common knowledge.

The fact that it took two years for the confirmation to happen was due to a combination of inefficiency in the Obama administration combined with Republican foot dragging in the Senate. The former is harder to stomach than the latter, since Republicans consider blocking Obama's agenda part of their job. Obama's administration has just been indefensibly slow with making appointments and pushing them through.

Hopefully, the confirmation will mean increased efficiency in the Southern District. Some cases will presumably be reassigned to Reeves from other judges. That should allow for faster rulings. That would please a lot of lawyers and parties who sometimes have to wait a long time for rulings.

It's my understanding that Judge Louis Guirola, Jr. is now the Chief Judge in the Southern District. I am also hearing that Judge Henry Wingate will not be taking senior status anytime soon.

Reeves will be missed on North Congress Street. He arrived at work early, stayed late and came in a lot on the weekends. I am sure that Judge Reeves will bring that work ethic to the bench. If anyone needs a Pigott Reeves Johnson Law Firm sign, I can probably get you a deal on one.

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This Politico article from last week discusses the Republican political strategy of delaying votes on all President Obama's federal judiciary nominations.

The linked article includes this picture of Sessions:

 

Is it just me, or does Sessions look like an elderly Mickey Mouse? Seriously. 

Anyway, the article mentions Democrats whining about the delays and goes on to state:

Both sides acknowledge that Obama has been relatively slow to nominate judges for the more than 100 vacancies in federal courts. Democrats said it is partially a result of the amount of resources it requires to find and vet qualified nominees. The GOP, however, said the White House’s slow pace accounts for his low confirmation rate compared with Bush’s; so far, Obama has nominated 85 judges compared with 127 nominations Bush had made at a similar point in his presidency.

The Republican delay isn't surprising at all. This is why I was bitching about Obama's slow pace at making nominations months ago. Why couldn't Obama see this coming? Many of us did—despite not having Ivy League degrees.

Democrats seem to always be behind the Republicans in politics. I could see Democrats advocating a cavalry charge against German tanks in WW II. 

Caught up in the delay are Carlton Reeves (nominated for U.S. Dist. Court) and Justice James Graves (nominated for 5^th  Circuit Court of Appeals). The fact that Reeves and Graves are not controversial and have the support of Mississippi Republicans does not matter. The Republicans have political gamesmanship to play.

Reeves and Graves will be confirmed by the full Senate once they get their votes. But I have no idea when that will be. It doesn't look like it will be anytime soon.  

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Jackson lawyer Carlton Reeves' nomination to be a U.S. District Judge cleared the Senate Judiciary Committee on Thursday. Here is the Clarion-Ledger article on the story. The next step for Reeves is a full Senate vote.

Logic suggests that the Senate vote should take place in the next few weeks. But we're talking Washington politics, so throw logic out the window. Educated estimates are that Reeves' Senate vote will likely be in October or November. But once the Senate approves the nomination—which is very likely—Reeves should be sworn in as a judge in a matter of a few days. Just in time for the new federal courthouse in Jackson, which is scheduled to open later this year.

Word on the street about the nomination of Mississippi Supreme Court Justice James Graves is that his nomination to the 5th Circuit Court of Appeals will drag along, possibly into next year. Estimates are that Justice Graves will not get his Senate Judiciary hearing until sometime in the Fall, possibly after the November elections. That would likely mean a Senate vote in early 2011. Thank Republicans for the delay, but blame the Obama administration for waiting so long to appoint Graves.

There is also a possible doomsday scenario for Graves' nomination. If the Republicans regain control of the Senate in the November elections, they could halt a vote on all Obama appointees until after the 2012 presidential election. That could doom Graves' appointment, despite public support from Mississippi Republicans. While this scenario is unlikely, I am hearing that it is possible.   

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Mississippi Republican Senators Thad Cochran and Roger Wicker endorsed Jackson attorney Carlton Reeves at Reeves' Senate Judiciary confirmation hearing on Thursday in Washington. President Obama nominated Reeves to be a U.S. District Court Judge for the Southern District of Mississippi. The position is a lifetime appointment.

A webcast of the hearing can be viewed here. Honestly, it's about like watching paint dry and lacked the grand standing by Senators seen in Supreme Court nominee hearings.

The hearing agenda included four other nominees to the federal bench. I did not watch the entire hearing. By my count there were two Senate Judiciary Committee members at the hearing. Questioning of nominees started at about minute 77 on the webcast.

Senator Kyl of Arizona questioned Reeves about a letter that he wrote in 2007 opposing the nomination of Judge Leslie Southwick to the Fifth Circuit. Reeves handled the questioning well, pointing out that he wrote the letter on behalf of the Magnolia Bar Association. He also pointed out that as of 2007, the Fifth Circuit had only had two African-American judges in its history. In all fairness, Senator Kyl was very polite during the questioning. 

In my opinion, the endorsements by Senators Cochran and Wicker guarantee that Reeves will be confirmed in a landslide vote. The Senate vote is not expected to take place for another several months.

Despite pre-hearing speculation, Reeves did not wear his Mississippi Litigation Review and Commentary baseball cap during the hearing.

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On Monday the Senate Committee on the Judiciary scheduled Jackson attorney Carlton Reeves' confirmation hearing for Thursday of this week. In April President Obama nominated Reeves to be a United States District Judge for the Southern District of Mississippi. The hearing will be at 3:00 central time in Room 226 of the Senate Dirksen Office Building in Washington.

The hearing is open to the public and can be viewed on the internet at this link: http://www.judiciary.senate.gov/hearings/hearing.cfm?id=4687.

Typically, the confirmation hearings for district court nominees are a mere formality. The hearing should not be confused with a full Senate vote, which probably will not take place for at least a couple of months. This is not unusual and in all likelihood, the Senate will approve Reeves' nomination by a wide margin. 

Once the Senate approves Reeves' nomination, he will probably be sworn in as a judge within a matter of a few days. Reeves' formal investiture ceremony will likely be scheduled for a few months after he actually takes the oath and begins serving as a judge. My guess is that Reeves' investiture will be sometime after the new federal courthouse in Jackson opens this Fall. 

For earlier posts on Reeves' nomination see here  and here.

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USA Today has this new article on the slow going that President Obama is having in getting federal judicial appointments approved by the Senate. The article is fairly typical of similar articles focusing on the confirmation delay during the past year or so.

 The article notes that the President is appointing record numbers of non-white males:

So far he is setting records for the number of women and minorities nominated to lifetime appointments. Nearly half of the 73 candidates he has tapped for the bench have been women. In all, 25% have been African Americans, 10% Hispanics and 11% Asian Americans.

But delay is the name of the game for Republicans:

During his first 18 months in office, his administration has been thwarted by unprecedented delays. The situation, which has received little notice against the backdrop of a pending Supreme Court nomination and the administration's complex legislative agenda, could undercut Obama's effort to significantly infuse the federal courts with more women and minorities.

The article recognizes that the Obama administration is not blameless:

With few exceptions, Senate Democrats have yet to try to force Republicans' hand. The Obama White House has been distracted by other issues — even on the judicial front, where the administration has had two high-court nominations.

Unfortunately, the article misses the point that a huge delay is the one by the President in making his appointments. It took President Obama a year and a half to nominate Carlton Reeves to the U.S. District Court despite the fact that everyone knew that Reeves would probably get the nomination after Obama won the 2008 election.

It took only eight months or so for the President to nominate Justice James Graves to the 5^th  Circuit. But again, that was too long of a delay given the fact that Graves was the front-runner from the day that Judge Barksdale took senior status. The delays in making the nominations of Reeves and Graves are 100% the fault of the Obama administration.

Sure now that the nominations have been made Republicans can be faulted for going into the 4–corners. But is that surprising? That's how Republicans play politics and Republican Senate leaders argue that it came from the Democratic play book:

I don't say all of this to say there is going to be payback," Sessions said after Leahy earlier criticized GOP stall tactics. "I am saying this to set the record straight because I will not stand silent and have what is happening today be compared with the incredibly obstructive actions the Democrats took in early 2000."

Football fans aren't surprised and don't cry when the team ahead starts taking a knee in the last two minutes of the game. Likewise, Democrats should stop crying over spilled milk and should be more proactive in making nominations in a timely fashion and pushing harder to get votes in the Senate.

Earlier posts on President Obama's judicial appointments.

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There is a lot of attention today on Carlton Reeves’ nomination to be a U.S. Dist. Judge in Mississippi. Here are some:

• Clarion-Ledger article (a good article with quotes from Reeves, Rep. Bennie Thompson and Reeves’ law partner Cliff Johnson)
• Main Justice
• Ipse Blogit
• NMC
• Will Bardwell
• Y’all Politics
• Minority Defense Litigator

The nomination is getting widespread praise in these outlets and among members of the Mississippi Bar.

Meanwhile, on North Congress Street speculation now turns to whether Senate confirmation will force the frugal Reeves to upgrade his vehicle, which he has been driving since the 90’s.  [Note to soon-to-be Judge Reeves: your ride is awesome. You’re the greatest, (insert your own compliment here)].

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It took a year and a half, but President Obama finally nominated Jackson attorney Carlton Reeves to be a U.S. District Judge for the Southern District of Mississippi. The nomination has been expected from the day that Obama won the 2008 presidential election.

Here is Reeves’ profile at his firm’s web site.

Reeves is a Yazoo City native and is a graduate of Jackson State and the University of Virginia School of Law. He clerked on the Mississippi Supreme Court for Judge Rueben Anderson, was the Chief of the Civil Division of the Southern District U.S. Attorney’s Office and has been in private practice with Phelps Dunbar and his current firm of Pigott Reeves Johnson.

Here are my prior posts on Reeves.

Reeves is very popular in the Jackson Bar and the expectation among lawyers is that he will be a fair and popular judge. Reeves will join Bush appointees Judge Dan Jordan and Judge Sul Ozerden as young Southern District judges who will likely be on the bench for thirty or more years.

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In this October post, I discussed the vacant 5^th Circuit Court of Appeals slot and mentioned Justice James Graves as a candidate to fill the position. Since then, President Obama’s administration has moved at its typical slow pace in filling the position. With the President’s White House Counsel leaving the administration at the end of the year, it appears unlikely that the announcement of a nominee is imminent.

It’s my understanding that Justice Graves remains on a growing list of candidates. Other names mentioned as candidates, in no particular order, include:

1. Hinds County Circuit Court Judge Winston Kidd,
2. Hinds County Chancery Court Judge Denise Owens,
3. former Hinds County Circuit Court Judge Robert Gibbs,
4. Jackson attorney Doug Minor,
5. Assistant U.S. Attorney Felicia Adams, and 
6. Circuit Court Judge Margaret Carey-McRae.

It sounds like Judge Winston Kidd is Congressman Bennie Thompson’s candidate. But each of the other candidates have their own supporters in political circles or the bar. I have not heard of Congressmen Gene Taylor or Travis Childers supporting a candidate. Taylor is known to stay out of appointment debates. Childers is rumored to have focused on pushing for Oxford attorney Christi McCoy to be named U.S. Attorney for the Northern District. But McCoy is unlikely to get the nod.

It is believed that some of the 5^th Circuit candidates have been interviewed over the phone by the White House.  

A huge question is when will the White House make an announcement. To see how long this could go on, look at the vacant U.S. District Court seat that has long been presumed to be going to Jackson attorney Carlton Reeves. The seat has been vacant for years and Reeves has been the only known candidate since Obama’s election more than a year ago. But the White House has yet to make an announcement and appears to be in no hurry to make an appointment.

If the White House follows a similar pace with the 5^th Circuit nominee, we will be still be talking about this vacancy this Summer, and perhaps later.

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It's been six months since the inauguration of President Obama and he has nominated only three of seventy-nine open federal judge positions. This website lists each open position and its status. I heard that Obama would be more interested in federal judge positions than President Bush, because President and Mrs. Obama are both lawyers. But this supposed interest has not translated into speed in filling vacancies.

Judge Barbour took senior status three years ago and we are still waiting on the confirmation of a replacement. At the end of Bush's term he nominated a Meridian lawyer, but the Senate never confirmed him. All indications are that Obama will nominate Jackson lawyer Carlton Reeves for the position, but no one seems to know when the nomination will occur.

On a related topic, by all accounts Judge Barksdale will take senior status with the 5th Circuit Court of Appeals in the near future. While it's natural to conclude that his replacement will be from Mississippi, I am hearing that there is a likelihood that the nomination will go to a Louisiana lawyer or judge recommended by Senator Mary Landrieu (D). This would be a real blow to Mississippi and much less likely to occur if one of Mississippi's senators was a Democrat.   

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It has now been over four months since President Obama's inauguration. But the President has yet to make his appointments in Mississippi for U.S. Attorneys, U.S. marshals and the vacant federal district judge position. Here is a link to a National Law Journal Article that discusses the appointment process for U.S. Attorneys.

There are a total of ninety-three U.S. Attorney positions in the nation. According to the article, state Democrat leaders have made forty recommendations for U.S. Attorneys to the White House with only six appointments so far. Of the forty recommended, the Justice Department has conducted required screening interviews of only twenty. A former Bush administration official explained that the process takes a long time to complete:

Fulbright & Jaworski partner Michael Battle, former director of EOUSA during the Bush administration, said the speed of the process depends on the layers of local-level vetting, as well as the mechanism for identifying potential candidates, which varies by state. "It takes the better part of six, eight, 10 months, as the White House gets more comfortable with doing this," said Battle. "It just takes time."

Based on this statement, it could be this fall before the appointments of Mississippi's two U.S. Attorney and marshal slots.

As for the district judgeship position that is presumably going to Jackson attorney Carlton Reeves, the article sheds indirect light on the process. The article states that the White House rejected Republican pleas to be included in the appointment process in states like Mississippi that have two Republican senators. This suggests that Senators Cochran and Wicker will not be involved in the process and, therefore, unable to block the appointment of a Democrat such as Carlton Reeves. It seems likely that Democrat leaders have already recommended Reeves and that the vetting process is underway. With a summer recess looming for Congress, however, Reeves will probably not take the bench until sometime this fall at the earliest. 

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According to the Neshoba Democrat , Mississippi Democratic Party Chair Jamie Franks identified Jackson attorney Carlton Reeves as the likely appointee for the United States District Judge position formerly held by Judge William Barbour. Judge Barbour still serves on the bench, but has taken senior status. Franks was speaking at a Federalist Society luncheon.

According to Franks, a committee consisting of himself, Rep. Bennie Thompson, Rep. Gene Taylor, Rep. Travis Childers, Attorney General Hood and Speaker Billy McCoy would or already have made recommendations to President Obama for judicial appointments.

Franks said Republicans should remember that the Democrats won, and any federal judge nominees are not going to look like Northern District Court Judges Mike Mills or Sharion Aycock, but more like attorney Carlton Reeves. When asked if Reeves was just a random example, Franks only laughed.

Reeves has been the front runner for the open district judge seat since election day. A graduate of Jackson State and the University of Virginia School of Law, Reeves has experience in the Justice Department and private practice. He is a longtime supporter of Bennie Thompson and is highly respected within the Mississippi Bar, even by individuals who do not agree with his politics. If nominated and confirmed, Reeves would join Bush appointees Dan Jordan and Sul Ozerden as Southern District judges in their early to mid-40's who could easily serve on the bench for the next twenty-five or thirty years.