Panel Orders Mississippi Justice Suspended

MISSISSIPPI GULF COAST

 
STEVEN A. McCALEB
103 ALVERADO DRIVE
LONG BEACH, MISSISSIPPI 39560
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I believe the key words here are, "with pay."

"The seven-member tribunal was selected from circuit and chancery judges throughout the state after the Mississippi Commission on Judicial Performance recommended Justice Oliver Diaz's suspension on July 30. The tribunal decided that a suspension, with pay, was warranted pending resolution of the federal charges."

As Mississippians know, attorneys investigate themselves, so the outcome in this case should be easy to predict.

Why would you pay a judge, knowing it could take one, two, or even three years in order to receive the outcome of his trial?

And if this judge does lose his trial, is he liable for paying the money back while he has been off the bench.

12/16/03

 

A tribunal on Tuesday ordered the suspension of a Mississippi Supreme Court justice charged in a judicial bribery scheme.

The seven-member tribunal was selected from circuit and chancery judges throughout the state after the Mississippi Commission on Judicial Performance recommended Justice Oliver Diaz's suspension on July 30. The tribunal decided that a suspension, with pay, was warranted pending resolution of the federal charges.

On July 26, a federal grand jury indicted Diaz; Gulf Coast trial lawyer Paul Minor; former judges Wes Teel and John Whitfield; and Diaz's ex-wife, Jennifer. Minor is also charged with racketeering. All five have pleaded innocent.

The indictment alleges the judges gave Minor an unfair advantage after he paid off or guaranteed campaign loans, made cash payments and in one case paid a judge's legal expenses. They are scheduled for trial March 1 in Jackson.

Diaz has been on a voluntary leave of absence with pay from the court and has not participated in any cases.

The tribunal, in its order, said the allegations against Diaz fall within the parameters of "conduct prejudicial to the administration of justice which brings the judicial office into disrepute.''

The tribunal said Diaz recognized the seriousness of the allegations when he took a leave of absence.

Jackson attorney Robert McDuff, who represents Diaz, said since Diaz had already taken a leave of absence, the tribunal's action was only a formality and meant nothing.

"I am pleased the tribunal recognized that the charges against him are only allegations,'' McDuff said in a statement, "and that they have yet to be tested in court. Justice Diaz is innocent, and once the evidence is heard, we fully believe he will be cleared of these unfortunate allegations.''

(Copyright 2003 by The Associated Press. All Rights Reserved.)

STEVEN A. McCALEB
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