| Posted on Sun, May. 04, 2003 | |||
Chief
justice: Judicial reform is needed
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GULFPORT - Major changes are needed to restore people's faith in Mississippi's courts, said the state's top judge, who himself has been subjected to questions in the latest judicial scandal.
Mississippi Supreme Court Chief Justice Edwin Pittman has been hard-pressed to explain how a $60,000 loan from his 1996 campaign was repaid, but he has not been directly linked to an ongoing federal probe of state judges. A fellow member of the state's highest court, Justice Oliver Diaz Jr., is under investigation as are at least two former lower court judges.
Pittman's plans for reform: Switch from elected to appointed judges in the higher courts, allow cameras in the courtrooms, impose stricter codes of conduct and establish a review system if a judge refuses to recuse himself when there is a potential conflict of interest.
The ongoing federal investigation, which involves whether millionaire trial lawyers did financial favors for judges, comes after the 2001 resignations of two Coast Chancery Court judges, who stepped down from the bench to avoid prosecution for reportedly falsifying mileage reimbursements and meal expenses. It also follows the trial last year of another judge on embezzlement charges, although that judge was found not guilty.
Pittman said he can understand why people in South Mississippi are losing faith in judges.
"The majority of this court recognizes that we need to make some changes," Pittman said. "We recognize that we do have a lot of people talking about the faults of the judicial system from inside and outside of Mississippi... We are on the road to total recovery and absolute total neutral service to the people of this state."
But the road is a long one. The proposal to switch from having elected to appointed judges on the Court of Appeals and State Supreme Court has failed to receive support in the Legislature. Pittman wanted screening commissions to make recommendations to the governor about judicial appointments. The judges would later have to go before voters in a retention election.
Bills to usher in that change, which would require a constitutional amendment, died in committee during this year's legislative session.
Next year, four seats are up for grabs on the state Supreme Court. These campaigns could top the level of acrimony and the amount of money spent last year in the campaign between Justice Chuck McRae and his successor, Jess Dickinson, who has not yet taken his judicial oath.
"It's going to be a tremendous problem next year," said Pittman, who does not plan to run for re-election.
Another solution the chief justice has proposed is to have taxpayers fund judicial elections.
"The state of North Carolina as of January of this year has gone to public financing of at least part of their judiciary," Pittman said.
Several changes have been made directly by the court through administrative orders. Pittman say much of the criticism directed at the state's judiciary is unfair given recent reforms such as medical malpractice caps and new rules that have been imposed.
Said Pittman: "It's going to get back to where it needs to be: a neutral, fair judicial system."
STEVEN A. McCALEB
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