Tag Archive for 'courts'

Perry McGuire, Candidate, Georgia Court of Appeals

I had a listener chastise me for having interviewed all the candidates for the Court of Appeals, except Perry McGuire. I plead innocent. I have been trying to interview Perry for months and the only reason it took until October 17th was simply Perry’s choice, not mine.

I am glad that I was able to finally interview Perry, because I think his interview is one of the most revealing of all the candidates. You may note, it lasted the longest, 38 minutes. Perry and I mixed it up a little bit, particularly when he made the statement that I represented injured people to make a fee! I represent people harmed by the negligence of others for the same reason Perry represents corporations. We both get paid, he just gets paid by the hour and I may or may not get paid a dime.

Perry’s qualifications to be a judge on the Court of Appeals are a little difficult to discern. He has never represented an injured person. He doesn’t handle divorce or property transactions. He certainly doesn’t do criminal work. (A lot of what the appellate courts deal with fall into these areas.) He has never tried a case in court in front of a jury. I am not sure he has ever tried a case period, even one in front of a judge. He has never appeared before the Court of Appeals or the Supreme Court of Georgia to argue a case. Perry does not consider such experience to be of any significant benefit in being a judge on an appellate court. I disagree with Perry on this. Courtroom experience and appellate experience are exactly the kinds of qualifications that we ought to want our judicial candidates to have. Without them, a candidate’s qualifications are essentially indistinguishable from those of anyone who holds a license to practice law.

Perry was a Republican legislator from Carroll and Douglas Counties for two terms, 1993-1996. He left the legislature to become a lawyer for Chic-fil-A from 1996 to 2004. In 2006, Perry was unsuccessful in a bid to become Attorney General of Georgia.

Perry obviously thinks that being a corporate attorney is somehow a special qualification for being a judge. Corporate attorney or not, my biggest concern about Perry is his obvious pro-business attitude. If you listen to all the other interviews, you will detect an appreciation by all the other candidates of the necessity for a judge to be fair and impartial, to apply the law equally, regardless of status. Perry, on the other hand, says the appellate courts need “business sense.” In fact, if you go to the bottom entry on his home page, you will find this statement: “Lawyer says he would bring business sense to court.”

One question: What the hell does that mean? Does it mean the current court and/or past courts have not had “business sense”? Does it mean that “business sense” is something that only a corporate attorney has? Does it mean that “business sense” is more important than being fair and impartial? Does it mean that “business sense” means that business needs some interpretation of the law that no one else needs.

Perry refused to sign the pledge proposed by the Committee for Ethical Judicial Campaigns in Georgia. The pledge says that instead of asking for contributions (money) directly, a candidate for the position of judge will form a campaign committee and let them solicit contributions. Perry says he thinks that is unrealistic. I don’t know why this should be true. I always thought it was a little humiliating to ask for money. Most judges don’t like to do it and most candidates for judge don’t like to do it. I guess Perry doesn’t mind asking for money. To each his own! But, I am still worried about any candidate for the position of judge that thinks it is too much to take a pledge to campaign ethically. It is kind of like your mother telling you to tell the truth and you just walk off, as if she has no business asking you that question. Dude, your mama wants to hear the answer!

While Perry would not sign the pledge on campaign contributions, he did fill out the “judicial questionaire” propounded by Georgia Right to Life. Perry says he has received the endorsement of Georgia Right to Life, but I could not find them listed on his website’s list of endorsements. I have no idea why he would not list such an organization, other than the fact that it would suggest to a lot of us that Perry was anything other than fair and impartial.

What is even more surprising is the fact that you cannot find anywhere on the Georgia Right to Life website any mention of Perry McGuire. He is not listed in their candidate endorsements. You can’t even find any reference to the Georgia Court of Appeals race. Hell, you can’t even find any mention of their judicial questionaire. Why go to all that trouble to send out a judicial questionaire and not reveal the results. Why does Georgia Right to Life tell us who they endorse for politicians seeking legislative positions, but won’t tell anyone who they endorse for judge? I am sure they told their members, whoever they are, but they just didn’t do it on their website. The did it privately. Why? Why? Why? Because it is a secret. A big, fat, Republican secret! Please don’t tell anyone!

I am sorry Perry, but I might as well go ahead and shoot myself if you are elected. Your interview has left me with a firm opinion about your qualification to be an appellate court judge. I should probably keep this opinion to myself, but I have one flaw. I say what I think, particularly when it comes to the courts, the law and our system of civil justice. Mess with that and I take it personally.

Perry, when I look at your list of endorsements, I note you are heavily supported by Republican legislators, most of whom voted for “insurance company liability reform” in 2005. Let me see, why would they so heavily support a corporate attorney who knew nothing about injured people? Could it have something to do with the fact that the appellate courts of Georgia have bravely declared many of their “insurance company free pass” legislation to be unconstitutional?

Perry, I enjoyed the conversation. I appreciate your frankness. I am sure you are a good person. I have no doubt that you are an honest and competent corporate attorney. But, when it comes to being a judge on the Court of Appeals, you have not come close to convincing me that you could be fair and impartial. The people that support you are not known for their sense of fairness or their impartiality. They are known for their “business sense.” They are certainly not accustomed to supporting people that don’t hold the same views they possess. I am concerned that their expectations of you would get in your way. I don’t want to put you in that position and I won’t.

I wish you the best in all your other endeavors.

 
 Perry McGuire, Candidate, Georgia Court of Appeals [38:15m]: Play Now | Play in Popup | Download (179)

Going to Build a House? Better Think About Contractors and Arbitration!

Scott Kimbell is having the experience of a lifetime: His house is falling down! Everyone dreams of building their own house and when those dreams turn to trouble, you would hope there would be an avenue for justice. Hope? Not when the contractor you hire gets you to sign one of those forms that contains a provision requiring all disputes to be resolved by arbitration.

While Scott’s personal battle with a particular contractor is truly a travesty, there is supposed to be a level playing field: the courts of this State. And for all of you that may be getting a little snear at the cornor of your mouth, you probably are fortunate enough that you have never needed someone to fight for your rights. While I hope your luck continues, should it not, I hope you find a good lawyer and avail yourself of the constitutional right to go to court. Even snear monger Larry Craig learned that!

Arbitration is one of those ideas that would be a great alternative to a court of law, if it worked, if it were fair, if it provided any semblence of a level playing field. But this great idea (I give it the benefit of the doubt!) has been hijacked by the professionals (architects, contractors, etc.,) that it is supposed to keep in check. Instead, it is the one time player, the consumer, who is eviscerated by the process under the guise of fair play.

Just listen to Scott! He will tell you!!

More coming on arbitration, but I thought this would be good listening on a rainy Saturday.

 
 Scott Kimbell, Arbitration and Contractors [29:19m]: Play Now | Play in Popup | Download (228)

Immigration? Since When Has it Been Discriminatory to Enforce the Law?

When I read about a ruling where a federal judge orders that a law not be enforced, I react with one of two assumptions: (1) it concerns a liberal law, maybe on the environment, and some judge is letting business have its way, or (2) it concerns a conservative law attempting to legislate morals. I can handle either of these situations, because at least there are clear lines of demarcation between the liberal and conservative positions.

And then there are those stupid rulings which just make no sense, like this one in California where a federal judge enjoined the Bush Administration from warning employers that they may be employing illegals who have used phoney social security numbers. I don’t get it! I know some (a lot, maybe) people think all this hoopla over immigration is racist, or somehow ultra conservative, or something else. Well, let’s go back to what I think is the original question: “Do you believe everyone from anywhere should have the right to enter the US anytime at anyplace for any reason and stay as long as they want?” If you do, call me, we need to talk! If you think not, then there is no reason to be concerned about enforcing the immigration laws.

If you are puzzled by the immigration issue, you only have to do one thing: FOLLOW THE MONEY!

On what other issue are Democrats and Republicans supporting the same amnesty legislation? On what other issue are liberals who think the illegals should be allowed to stay on the same side as big business? On what other issue are consevatives arguiing that the laws of this country should not be enforced? On what other issue if foreign, poverty level workers aligned with employers?

Dear God in Heaven! This isn’t about racism. We have had immigration laws since 1790. For a hundred years no one argued that it was nuts to have an orderly policy by which people from other countries enter the US. Why all of a sudden is it so important that people from Mexico have this unlimited right to break our laws, cross our borders, such that our courts prohibit our Executive Branch from enforcing our laws. After all, it is hard enough to get Bush to enforce any law! In fact, I am suspicious that the ruling is exactly what the Bush Administration wants. After all, it has been pushing amnesty just like every other policy big business wants it to push. So on immigration it can appear to win either way: Enforce the laws and look good. Get enjoined and look good. Don’t enforce the law and look good. If this isn’t proof this is a screwed up issue they are lying to us about, I don’t know what is!

I have said it before and I will say it again and again. Big business wants cheap labor. Americans want to make more money, not less. Illegals are paid less. Even if they make $60K a year, they are making less than an American would in the same situation. If we need migrants to pick vegetables, that is fine. They are excellant people and some of the best workers. I have nothing against them, not one thing. But there are legal ways for them to enter America and illegal ways. If we need to reform guest worker programs, fine, then lets talk about that, but for goodness sake, do we really want to enjoin law enforcement from enforcing the law?

Not in this instance. Not to benefit big business. Not to encourage worker exploitation. Not to cheat Americans out of jobs, not even one.

Interview with James Williams, GriftDrift Blogger

James kicks back in Moultre, Georgia and tells us about the Supreme Court argument last Friday in the Genarlow Wilson case, together with a history of the case and the issue which faces the Supreme Court. He also tells us about the incongruity in the position of the legislators who overwhelmingly thought the law the gave Wilson 10 years in prison ought to be changed, but who won’t do anything to save Wilson from the effects of the previous law.

And where would any discussion be without some talk about Dr. Paul Broun’s surprise victory in the 10th District Congressional race, which James says will be the topic of study and analysis for several years. After all, don’t mess with Athens!

Stir it up with commentary about the YouTube debate and presidential candidates and you have all the opinions you need to get through this week.

 
 James Williams, GriftDrift [28:55m]: Play Now | Play in Popup | Download (353)

Read the Lozano v Hazelton Decision…

All 206 pages of it.

While the folks who support immigration reform are claiming victory, remember, this is not a final decision. It will be appealed to the U. S. Court of Appeals for the Third Circuit and the loser there will almost certainly ask the Supreme Court to hear the case. To do so, they will apply for a writ of certiorari following the decision of the Third Circuit Court of Appeal.

On a scale of 1 to 10 in the course of federal litigation, a favorable ruling at this level is virtually meaningless. While it is emotionally uplifting to win at any level, any attorney who knows anything about litigation, especially in federal court, would not feel particularly comforted by the decision.

Message to both sides: You have your work cut out for you!!

Interview with Phil Henry

Phil is an Atlanta lawyer who successfully attacked one provision of the infamous "tort reform" legislation passed by the Republican legislature in 2005. The provision at issue in his case concerned the law of "venue" which defines where (in which county) a lawsuit must be filed. Phil explains why the Supreme Court of Georgia held this provision of the law unconstitutional.

 
 Standard Podcast [29:06m]: Play Now | Play in Popup | Download (293)