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

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The Clarion-Ledger ran this article on Monday about the upcoming elections to fill the seats of retiring Judge Yerger (Hinds County Circuit) and Barnett (Hinds County County). The article was largely a repeat from an October article that quoted Ashley Ogden and Jeff Weill stating that they would probably run for Judge Yerger’s seat. I wrote about and Ogden v. Weill race here.

On the County Court side, Jackson attorneys Trent Walker and Melvin Priester have qualified for Judge Barnett’s seat. Walker is a Brandon native and Jackson State graduate who lives in South Jackson. He has extensive experience on both the plaintiff and defense side in civil litigation as well as in the criminal defense arena. He recently obtained an acquittal in a murder trial in North Mississippi that sounded a little like the trial in My Cousin Vinnie. He currently works for Schwartz and Associates in Jackson.

Priester is a special circuit court judge and practices law in Jackson.

The Ledger article does not identify the date of the election or the deadline for qualifying for the races. I believe—and I am not certain about this—that the qualifying deadline is in May and the non-partisan elections are in November.

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Today's Clarion-Ledger contains this article about Jackson city councilman Jeff Weill considering running for the Circuit Court seat that Judge Yerger will vacate with his retirement at the end of next year. The article states:

"It's definitely on my radar," Weill said. "The current plan is to look hard at this opportunity - it's a once-in-a-decade opportunity - and to make a decision after the first of the year."

So far, Weill said his interest has been limited to a few conversations with supporters. But he said he believes he could make more of an impact from the bench on public safety, a key issue in his recent Ward 1 re-election campaign.

"I think I could do more to protect the citizenry as a judge than as a councilman," said Weill, who was re-elected in June to a four-year term on the council. "One of the things Yerger has done is move the criminal docket forward. That's a problem we have and I would like to continue the work he has done."

I can't argue with anything Weill says here, but as a Jackson resident, I would hate to see him leave the city council. I have been impressed with his demeanor and attention to detail on the council.  

Jackson attorney Ashley Ogden also plans to run for seat:

"I have an interest in Jackson's crime problem being solved and that's why I ran in the [last election]," he said. "I would expect a minimum of six to seven people running for that seat, and I'll be one of them."

Ogden will be a formidable opponent for anyone. He garnered 42% of the vote against Judge Yerger and campaigned very hard. Retired Supreme Court Chief Justice Jim Smith now works for Ogden's law firm and will probably be an asset to an Ogden campaign.

Weill is a republican and is probably the hand-picked choice of the the republican party. He has proved that he can win an election and would be a challenge to Ogden. It would not be surprising to see Judge Yerger retire early so that Governor Barbour can give Weill a head start by appointing him to fill the remainder of Yerger's term.

Republicans might not support Ogden because his law practice focuses on representing injured victims instead of insurance companies and big business. While this does not necessarily mean that Ogden would be a bad judge for big business, his background might scare them. Average citizens will love Ogden's tough on crime message and Weill will look like a copy-cat if he uses a similar theme. It promises to be an interesting race.

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According to Matt Eichelberger at Ipse Blogit , Rep. Phillip Gunn of Clinton will be appointed to fill Judge DeLaughter's unexpired term. This would be a smart choice by Governor Barbour. Gunn has a good reputation as a lawyer and politician. He would presumably get a ton of votes in the Clinton area when he has to run against a challenger.

It's my understanding the Malcolm Harrison is viewed by many to be the favorite to take the seat in an open election. A Gunn v. Harrison match-up would be an important race that attracts a lot of attention and money. Racial demographics in the district will be important. The plus side is that either of these two would probably make a fine circuit judge.

Meanwhile, there has been no announcement of who may run against presumptive favorite Ashley Ogden to fill Judge Yerger's seat when he steps down. Barbour will probably fill Yerger's position before an election with someone like Jeff Weill who the Republicans think has a chance to win an election. Ogden will be the favorite if he campaigns as aggressively has in his past campaign. Ogden's plans are unclear, however, and his Take Back Jackson web site appears to have expired. 

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Ipse Blogit has this post today speculating on possible candidates to run for the Hinds County Circuit Court Judge seat held by soon to be retiring Judge Swan Yerger. The following potential candidates are listed:

Ashley Ogden - successful trial attorney; ran a close second last time; campaign website already up

Special Circuit Judge William Gowan - currently sitting as a special circuit court judge in Hinds County under the DOJ's Jackson Enforcement Team ("JET") grant

Joe Nosef - former Chief of Staff for Gov. Barbour

Wilson Carroll - former GOP candidate for Hinds County DA

Jeff Weill - current Jackson City Councilman from Ward 1
 

That is an interesting list. Ogden almost unseated Judge Yerger in the last election. Weill has proved that he can get elected, but I am not sure of his credentials to be a trial judge. Nosef has prior campaign experience, but as far as I know, virtually no litigation experience.  Gowan could tout his experience as a judge in Hinds County. As a former DA candidate, Caroll could run on a tough-on crime platform. Of course, Ogden has taken ownership of that plank. I do not believe that all of the above will run. If they do, it will probably be good for Ogden, who figures to be the favorite no matter what.