http://www.clarionledger.com/news/0210/08/m02.html
October
8, 2002
Judges' loans focus of probe
Trial lawyers allegedly paid off their debts
By
Jerry Mitchell
jmitchell@clarionledger.com
Authorities are investigating allegations that trial lawyers paid
off
loans by Mississippi Supreme Court Justice Oliver Diaz
and
other judges — and whether such loans constituted bribes.
The FBI is heading up the investigation,
which also includes the
Public Integrity Division of Attorney General Mike Moore's
office, the Harrison County district attorney and banking
regulators.
A federal grand jury is
expected to meet this month on the Gulf
Coast as the probe continues.
"The only thing I've been told officially by the U.S. attorney's
office is that it's in the early stages," said Gulfport lawyer Joe
Sam
Owen, who has been consulting with Paul Minor, a Biloxi
trial lawyer who is being investigated.
Diaz could not be reached for comment.
In a
statement released Monday, Chief Justice Ed Pittman said
the
court is concerned by the investigation: "Wherein requested,
we
will be fully cooperative."
On
Monday, some trial lawyers privately questioned the
motivation behind such a probe since U.S. Attorney Dunn
Lampton campaigned for Diaz's unsuccessful opponent in the
2000 election, Keith Starrett.
Lampton was unavailable Monday for comment.
Minor and Pascagoula lawyer Dickie Scruggs, a longtime
friend of Moore's, are among those under scrutiny by
authorities. Scruggs was out of town and could not be reached
Monday for comment.
Authorities have subpoenaed records in connection with loans
taken out at the Biloxi-based Peoples Bank and the
Pascagoula-based
Merchants & Marine Bank.
In
addition to loans, authorities are examining trips judges have
taken and allegations of "judge shopping" — maneuvering by
lawyers to get a certain judge to hear a case.
Authorities are also studying rulings by judges in certain cases.
Subpoenas have already been issued for copies of several
Harrison County court cases.
Authorities are examining the relationship between Minor and
Diaz.
For
example, authorities are looking at allegations that in the
months following Diaz's election, Minor lobbied trial lawyers
to
help pay off a $73,000 loan that Diaz's then-wife had taken
out
for her husband's campaign, which raised more than
$800,000 in contributions.
Campaign records show that $17,000 of that loan had been
repaid as of Jan. 10, 2001. (The couple divorced later that
year.)
Authorities are also examining allegations that when Minor fell
last summer and was taken to an emergency room, Diaz
accompanied him, saying he was Minor's lawyer.
(Under the judicial canon and state law, a Supreme Court
justice is barred from representing anyone other than himself
and his family.)
Veteran journalist Bill Minor, whose son is Paul Minor, said he
doesn't believe the allegation is true.
He
said he arrived shortly after his son was hurt and Diaz
"wasn't around. Frankly he was never in
or around when I got
there."
In
addition to Paul Minor's relationship with Diaz, authorities
are
exploring Paul Minor's relationship with John Whitfield, a
former Harrison County circuit
judge, who resigned two weeks
ago
from the Phelps Dunbar law firm.
In
late 2000, Whitfield opened a Gulfport office for the law
firm after serving six years on the bench. At the time, Whitfield
said, "I pray that in the final analysis — whether you are friend
or
foe — that you truly understand I always gave my all and that
I tried to do my best to ensure
that justice, real justice,
prevailed for everyone."
While a judge, Whitfield gained national attention for
sentencing offenders to wear sandwich boards that publicized
their crimes, such as, "I'm a convicted drunk driver" and
"I now
have a felony criminal record."
One
of Whitfield's cases now drawing scrutiny from FBI agents
is
a $3.75 million verdict in 2000 that he delivered from the
bench on behalf of Archie Marks, who suffered back injuries
while working on an oil platform in the Gulf of Mexico in
1998.
The
judge found Diamond Offshore Management liable for
Marks' injuries because it had faulty water pressure on one of
its
rigs. As a result, Marks had to carry heavy buckets of water
up
to an upper level of the rig, which caused back injuries,
Minor's firm contended.
Whitfield couldn't be reached Monday for comment on the case,
now
on appeal to the state Supreme Court.
One
certain defense by those under scrutiny is that those loans
were never meant to be construed as bribes.
Whether a court or a jury concludes they are bribes under
federal law could well depend on how state law is interpreted.
Mississippi statutes restrict an individual's contribution to a
candidate for the state Supreme Court or the state Court of
Appeals to $5,000. A contribution to a
judicial candidate for
county, circuit or chancery positions is limited to $2,500.
If
violations were determined to have occurred, they would
constitute misdemeanors.
But
such violations could be used to further a federal case
involving such loans, such as prosecutors did in the case
against Public Service Commissioner D.W. Snyder, convicted
in 1989 of bribery.
State law prohibited commissioners from accepting "anything
of
value" — a law federal prosecutors used to defeat Snyder's
claims the monies were campaign contributions, not bribes.
"I would think it would have to violate state law in order for
the
(federal bribery) statute to kick in," said former U.S.
Attorney Robert Whitwell.