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Tag Archive for 'georgia court of appeals'

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 (398)

McFadden for Court of Appeals Responds to Judicial Questionaire!

As an update on my post of the interview with the Georgia Right to Life concerning the judicial questionaire, you might be interested that one of the candidates for the Court of Appeals, Chris McFadden, has responded to the request to complete the judicial-questionaire.

His response makes sense.

Mike Sheffield, Candidate for Georgia Court of Appeals

Mike Sheffield is a criminal defense attorney from Lawrenceville, Georgia. I don’t know of any type of legal practice that is more stressful than defending people accussed of crimes. Many of them are guilty, but some of them are innocent, and they all need good, competent representation. Mike estimated that he had tried more than 300 jury trials and handled at least 60 appeals to either the Court of Appeals or the Supreme Court of Georgia.

This is not Mike’s first statewide campaign. As he explains in his interview he ran in 2004 for the position on the Georgia Court of Appeals now held by Judge Debra Bernes. That race resulted in a lawsuit by one of the candidates, Howard Mead, following the July election, an appeal to the Supreme Court of Georgia, and an entirely new election in November.

While Mike did not like having to go through such a long race in 2004, it remains an example of how important the courts are in resolving disputes. That is the whole point. Courts are important. Judges are important and that is why everyone should be paying close attention to this election. Listen to the interviews and make your decision, but vote.

Mike told me that he had refused to sign the pledge proposed by the Committee for Ethical Judicial Campaigns. His reasoning was that he wasn’t going to do that stuff anyway. He didn’t see a need to sign something. While I can’t particularly fault Mike’s reasoning, I have to point out that he did fill out the judicial questionaire generated by Georgia Right to Life. This is the secret questionaire that I criticized in my interview with Dan Becker.

As I told Mike, I was surprised that he would think filling out the questionaire was of any benefit in selecting a judicial candidate. Since he did not see the logic of signing a pledge to run an ethical campaign, I would have thought Mike would have found any questionaire to be unnecessary. Mike’s explanation was, I must admit, straightforward and disarming. He explained that he thought people had a right to know things about him and if the questionaire was what people (some of them, at least) wanted to know, he had no problem filling it out.

As a criminal defense attorney, you might jump to the conclusion that Mike was liberal, at least liberal leaning (no offense intended Mike), you know, get the criminal off at all costs. By filling out the judicial questionaire, you might jump to the conclusion that Mike is conservative, at least on abortion issues (nothing wrong there, either). I don’t know Mike just because of one interview, but nothing in his coversation gave me pause for concern as to his philosophy, liberal or conservative or centrist or otherwise. I say this out of fairness to Mike and in light of my stated position on the judicial questionaire.

I still don’t like the idea of a judicial questionaire. Mike’s interview made me think about this further, which is good. He made me realize that it isn’t because he, or anyone else, fills out the questionaire, that I don’t like it. I don’t like it because of the mentality of the people that want a candidate to fill it out.

VOTE!!! NOVEMBER 4TH!!!!!

 
 Mike Sheffield, Candidate, Georgia Court of Appeals [29:44m]: Play Now | Play in Popup | Download (1176)

Where, Oh Where, Is Perry McGuire? Candidate for the Georgia Court of Appeals?

I had my heart set on accomplishing something I thought entirely possible: interviewing all 7 lawyers running for a position on the Georgia Court of Appeals. Five down, two to go, but one of them has seemingly dropped off the face of the earth, and that one is a fellow by the name of Perry McGuire. Perry, where are you, man!

I have done everything I can do to contact Perry, except maybe find out where he lives and visit him at home. In this day and age, that could even be a crime.

We have called his office and left messages. No response.

He even has a website. I have heard he has even appeared at some candidate forums. So why won’t Perry talk to me?

Perry, if you see this give me a call: 912-537-4330. If I am not in, please talk with Elissa. She will set up the interview.

If you know ole Perry, give him a call and tell him to give me a break.

Sara Doyle, Candidate for Georgia Court of Appeals

Sara Doyle is our 5th Court of Appeals candidate interviewed. After 4, I was concerned that it was going to sound like “been there, done that.” It was nothing of the kind and I encourage everyone to listen and not assume you have already heard it just because you listened to some other interview.

Sara went to law school at my alma mater, Mercer, and has been practicing law for about 15 years. Currently, she is a partner with Knight & Holland, one of those big, international firms, but she began her careet in a small 8-man firm in Atlanta that did what most small firms do: a variety of this and that. When the small law firm merged with Knight & Holland, Sara was on her way. Her focus is in civil litigation and education law. Education law? I remember when there wasn’t any such thing!

Sara must be doing something right. She has been recognized as one of the top female lawyers in Georgia. I asked Sara about this rather sexist accolade. I mean I don’t know what being female or male has to do with being a good lawyer. I suspect that Sara is one of the best, male and female. Anyway, Sara was gracious in not making this a big deal. A real life example of a judicial temperament.

Listen to the interview and visit her website.

THEN GO VOTE!!!!!

 
 Sara-Doyle, Candidate, Georgia Court of Appeals [29:10m]: Play Now | Play in Popup | Download (1806)

Bruce Edenfield, Candidate for Georgia Court of Appeals

Bruce Edenfield has law in his blood; no wonder he is seeking election to the Georgia Court of Appeals. His father, Newell Edenfield, was appointed by President Johnson in 1967 as a Judge of the U. S. District Court, Northern District of Georgia where he served until his death in 1981. By the way, his father was born in Southeast Georgia, Swainsboro, Emanuel County. His cousin, Gerald Edenfield, practices law in Statesboro and his other cousin is the Honorable B. Avant Edenfield, Judge, U. S. District Court, Southern District of Georgia.

Bruce has practiced law for 35 years, starting out as an Assistant Attorney General under one of the best, Arthur K. Bolton. Since 1979 he has been in private practice in Atlanta. He currently lives in Dahlonega.

Bruce has signed the pledge to run an ethical judicial campaign, which is being encouraged nationwide in an effort to get politics out of the election of judges.

More importantly, he has not filled out that ludicrous questionaire sponsored by Georgia Right to Life.

Listen to the interview and make up your own mind!

 
 Bruce Edenfield, Candidate, Georgia Court of Appeals [29:26m]: Play Now | Play in Popup | Download (1391)

Michael Meyer von Bremen, Candidate for Georgia Court of Appeals

Michael Meyer von Bremen is accoustomed to political campaigns. A lawyer by profession, he has been a State Senator from the 12th District (Albany) since 1998. Even though he is a Democrat in a Republican dominated legislature, Michael was appointed Chairman of the Special Judiciary Committee in 2005-06.

Michael graduated from Mercer Law School 7 years after i did. He has practiced a wide range of law over in Albany, everything from criminal law, to representing injured plaintiffs, but his primary experience is as a defense attorney representing insurance companies and their insureds in lawsuits filed by injured people. Not too long ago, Michael joined the firm of Hall, Booth, Smith and Slover, one of the biggest defense firms in the State of Georgia.

I represented insurance companies for 20 years and had a few cases in which Michael was also involved, but I don’t think we ever tried a case together.

Listen to the interview and make up your mind! AND VOTE!!!!

 
 Michael Meyer von Bremen, Candidate, Georgia Court of Appeals [26:51m]: Play Now | Play in Popup | Download (1082)

Chris McFadden: Candidate for Judge, Georgia Court of Appeals

Political elections are important, but the truth is, they are not as important as judicial elections. Why? Enacting laws is a group effort. It requires the agreement of dozens. The participants are by no means focused on being fair or impartial.

Judges, on the other hand, decide what the law means. More importantly, their decisions impact the lives of individuals in a personal and permanent way. The job requires knowledge of the law and the wisdom of Solomon in judging each specific case. Each judge is supposed to make up his own mind without being concerned that another judge may disagree with him.

If you have any respect for the rule of law and the independence of the judiciary, you will pay special and close attention to the candidates for this important position. If you don’t care, someday you may find yourself in a place like Guantanamo Bay and wish there was a judge you could rely on to protect you.

Chris McFadden has thrown his hat in the ring seeking the position of Judge on the Georgia Court of Appeals. Chris specializes in appellate law, which means he helps lawyers like me when a case is appealed from a lower court to either the Court of Appeals or the Supreme Court. It is his job, not to just know the law, but to know how to argue issues, convincingly and successfully. In addition to studying cases, he studies the judges that write them. He tries to understand what issues and approaches work with which judges so he can craft the most persuasive argument and present it in the most effective way.

Chris is a co-author of a book on appellate practice in Georgia. He has also worked with the Georgia Innocence Project which works to free men who have been convcted of crimes they did not commit. He has also been active in the Atlanta Bar Association and the Georgia Bar Association.

I always get nervous interviewing judicial candidates because it is quite possible I will find myself in the candidate’s court if elected. I took a real chance in 2006 when I interviewed Mike Wiggins who was running for the Supreme Court of Georgia. Now, that was an interview! However, if you listen to my interview with Chris and then listen to the one with Wiggins, you will understand, and hopefully, appreciate how important it is to elect judges without agendas, particularly hidden agendas.

Judge’s aren’t perfect. We all gripe when we lose a case, whether you are the lawyer or the client. Neither is the law perfect. But, these are not reasons which justify apathy. If anything, they require vigilance. Vigilance in electing judges who are fair and impartial. Every judge, like every person, has beliefs, biases and prejudices, but a judge knows, or should know, how to put aside his personal preferences and focus on the law. It is hard, but that is exactly what judges learn to do.

All the more reason to listen to this interview (and those to follow) to make sure you consider and vote for the person whom you believe would make the best judge.

 
 Chris McFadden, Candidate, Georgia Court of Appeals [28:35m]: Play Now | Play in Popup | Download (1653)