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Tag Archive for 'independent judiciary'

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 (396)

Right to Life on the Wrong Road: The Politics of Judicial Elections!

When people start messing with the courts and the judicial system, I get upset, very upset. Why? Because courts and judges are supposed to be above the politics and partisanship that we have become accustomed to. In some respects, it is very difficult to avoid political tampering in Supreme Court (US) appointments because those judges are appointed by a politician, the president, and approved by politicians, the Senate. But, I consider state court judges to be sacrosanct. Leave them alone, let them campaign and get elected on the basis of their legal qualifications, not their political viewpoints.

Enter, Georgia Right to Life and its “judicial questionaire”.

I don’t doubt the sincerity of organizations on both sides of this issue, the abortion issue. However, when they make the fight about courts and judges, they are misguided. No court in Georgia will ever, ever decide the abortion issue. It does not matter what any judge or candidate for judge believes about the issue or about any of the other issues on their judicial questionaire.

So, why have such a thing? Why ask a candidate to fill out something that is irrelevant to being a judge? Why?

There is only one reason that I can think of. There are questions you can’t ask candidates. You can’t ask judicial candidates if they favor business over the individual. You can’t ask them if they will give any legislation passed by the representatives of the people the benefit of the doubt, and declare it okay (constitutional), even if it really isn’t. You can’t ask them if their basic philosophy is conservative or liberal. Well, actually, you can ask all the questions, just not in public or at least you can’t expect them to answer them in public.

But, you can certainly ask them if they prefer life over choice, or life over death. You can certainly ask them anything you want about abortion, and if they answer that one, you know their answer to the rest of the questions which aren’t on the questionaire. This one answer will tell you all you really want to know about their political orientation, their leanings, liberal or conservative. For example, if you ask someone if they watch Fox News, you can take their answer and reasonably decide whether they are Democrat or Republican, liberal or conservative. Sad, but true.

And I should point out that it might not even be Georgia Right to Life asking the questions in their judicial questionaire. My first interview regarding judicial questionaires was with Sadie Fields, the head of the Christian Coalition of Georgia. If you listen to the interview (circa 2006), you will find that Sadie did not have a clue about her organizations questionaire. It was prepared by a lawyer in another state. Sadie and her CC was nothing more than a pawn, a willing pawn, unfortunately. By the way, Sadie hung up on me!

What really got me in this interview with Dan Becker is his response when I asked him which of the candidates for the Georgia Court of Appeals had filled out the judicial questionaire. He wouldn’t tell me! He said it was a secret! A secret? Well, that seals it for me. Dan, you and your organization, ought to ashamed of yourselves. You cloak yourselves with the mantel of religion, of godliness, and at the same time deal in secret. When Dan told me that, I just lost all respect.

I have other problems with Georgia Right to Life when it proclaims the sanctity of life from “conception to the grave,” and yet, apparently has no position on the death penalty. I can’t think of any reason that the life of an innocent man facing the death penalty is not a concern of an organization that has “Right to Life” in its name. You would think they would at least have some concern for innocent lives lost in places other than an abortion clinic. The fact they apparently don’t says a lot, none of it good.

You should take a look at the questionaire and see the questions concerning whether or not someone should be able to sue for the wrongfull birth of a child. These suits have been raised in Georgia and have never been allowed and will never be allowed unless the constitution of Georgia is amended, which is unlikely. So, why is Georgia Right to Life asking a judicial candidate an opinion about an issue that has already been decided in Georgia, years ago, if my memory is correct? I suspect it is because this questionaire was not prepared for Georgia, but other states by outsiders.

And then, what really gets my goat is while Georgia Right to Life doesn’t want any fetus or embryo aborted, it doesn’t mind if the doctor just happens to kill it, negligently. If you don’t know it, you should, but the law in Georgia prohibits parents from suinig doctors for negligently killing a fetus before it is viable, capable of living outside the womb, usually around 23-24 weeks.

In the very least, I expect Georgia Right to Life to put some effort into changing the law so that physicians are held responsible for negligently killing fetuses after conception. Dan, let me know when you have the rally on the steps of the state capital. I will be there and I will bring thousands of parents (and their lawyers) with me.

 
 Dan Becker, Georgia Right to Life [28:50m]: Play Now | Play in Popup | Download (384)

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)