James Smith
From Judgepedia
James W. Smith, Jr. is the Chief Justice of the Mississippi Supreme Court.
He joined the court in 1993, and became its Chief Justice in April 2004. In 2008, he faces a re-election challenge in District 1, Place 3 from Ceola James and Jim Kitchens.
Smith was the prosecuting attorney for Pearl (a Mississippi city) from 1973-1980. He served as Rankin County prosecuting attorney in 1976. He was appointed district attorney for the 20th Circuit Court District of Rankin and Madison counties in 1977. He continued to serve in that position until Gov. William Winter appointed him as Rankin County Court Judge in 1982. Chief Justice Smith was first elected to the Supreme Court in 1992 and took office in January 1993. He is the longest serving member of the Mississippi Supreme Court. He became Chief Justice April 1.[1]
Smith has also been a teacher and a middle school principal, and has served in the U.S. Army. In his time on the court, he has written 800 majority opinions.
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In the News: Articles
Business and Industry Political Education Committee scores Judges
Judges and judicial candidates are discouraged by Mississippi judicial conduct codes from expressing their individual philosophies on almost all issues. The Business and Industry Political Education Committee (BIPEC) commissioned The Economic Judicial Report (EJR) in order to fill this void of information and give voters a meaningful measuring device for assessing how Mississippi's Supreme Courts and Court of Appeals rule. Specifically, BIPEC's concern is "liability"--as the Committee believes that the public is increasingly more vulnerable to being sued. That, "the fundamental premise behind the evaluations is that the enormous expansion of civil liability in American courts over the past 45 years discourages job growth and changes for the worse how we conduct our personal and professional lives."[2]
Kay Cobb is scored highest with 82%, and Judge George Carlson is scored second highest with a rating of 75%. James Smith was scored with 72%, William Waller with 69%, and Craig Sorrell Pittman with 85%. Those scoring under 50% are James Graves (34%), Oliver Diaz (28%), Charles Easley (27%), and Chuck McRae (8%). To learn more, or read this study, visit [BIPEC's Economic Judicial Report
Rival outraises Incumbent (June 29, 2008)
Some opponents of three Mississippi Supreme Court justices are far outpacing the incumbents in campaign contributions in their quest to gain a seat on the nine-member court, based on initial campaign finance reports. In District 1, Chief Justice James Smith, who has been on the court since 1993, has raised $69,550 this year. His opponent, Crystal Springs lawyer Jim Kitchens, has raised $125,000. Smith and Kitchens couldn't be reached for comment. The third person in the race for Smith's seat, former Chancery Judge Ceola James of Vicksburg, reports no campaign contributions or distributions in the campaign finance report filed with the Mississippi secretary of state.[3]
Fundraising good for some (July 15, 2008)
There are four months left in the Supreme Court races, and as 10 candidates seek four seats on Mississippi's Supreme Court, five of them have raised more than $100,000 each. Two candidates report raising no money. Ann Lamar reported raising $31,100 during June, while Gene Barton's report shows he borrowed $42,000 from himself and $75,000 from credit cards until campaign contributions roll in to pay them off.
Statewide, the top judicial race fundraisers so far are: James Smith of Brandon - $211,999; Jim Kitchens of Crystal Springs - $186,659; Gene Barton - $142,445; Chandler - $125,838; Randy "Bubba" Pierce of Leakesville - $115,718. For the month of June, Chief Justice Smith of Brandon is the money leader - raising $142,449. After expenses, he reported cash on hand at $139,673.86.[4]
Smith says Electronic court filing is coming (June 20, 2008)
Warren County is next in line to try out an electronic circuit court docket filing system now used in federal courts, Mississippi Chief Justice James Smith told Rotarians. “This is an amazing system,” Smith said during a half-hour speech during the weekly meeting of the Vicksburg Rotary Club. “Everyone is very excited about this.” Smith said the few states with an e-filing system at the circuit level are spending millions of dollars going through vendors to supply the software. However, Mississippi’s Supreme Court, with the help of U.S. Sen. Thad Cochran, is attempting to adapt the same e-filing system already used by the federal government to the state’s circuit level. Smith said nine other states have followed Mississippi’s lead in taking this approach.
Seeking re-election to the state’s highest court position this year, Smith said he thinks of himself as an unusual politician. “I was once told that the key to maintaining an elected office is to do nothing. That when you make decisions and try to be progressive is when you cause controversy. “Well that’s not me,” he said. “I guess I’m just a little different.” Smith also said a study this year by the University of Chicago Law School ranked Mississippi’s Supreme Court second in the nation in productivity, trailing only Georgia, and ranked the state court second nationally in providing funds for underprivileged people trying to afford civil litigations. Overall, Smith, who has written more than 800 majority rulings during his Supreme Court tenure, said he is very pleased with the high court. “Right now, this is a fair, balanced, hard-working court,” said the Rankin County native who was a circuit court judge and a prosecutor before his election to the Supreme Court. “The best I’ve ever worked for.”[5]
The money behind a decision (October 17, 2007)
On Oct. 2, the Mississippi Supreme Court overturned, with a 7-2 decision on Stewart v. Prudential, a 2006 Hinds County Circuit Court jury award of $36.4 million against Prudential Insurance. In a dissenting opinion, Justices James Graves and Oliver Diaz said that the case had been decided properly by the jury that heard the case. The case involved Dr. Edsel Stewart, a McComb ob-gyn, who purchased a $1 million life insurance policy from Prudential and wrote out a check for $20,000 to put the policy in effect. Sadly, Stewart had a stroke the following day and died about a month later. When his family attempted to collect on the insurance, Prudential refused to honor the policy. It was Prudential’s position that the policy was never officially approved, even though the company had reviewed Stewart’s medical history, provided him with an annual fee quote and accepted his check. A Hinds County jury listened to both sides and ruled in the Stewarts’ favor, adding more than $35 million in punitive damages. Juries make large awards like that in situations in which they feel a defendant in a civil proceeding has behaved badly. It is the only legal means that ordinary citizens have to punish corporate lawbreakers. In Mississippi, juries traditionally determine the facts of a case. Appellate courts have overturned juries in instances when the judge gave improper instructions to the jury, or when there are proven allegations of wrongdoing among jury members, but never because the court simply disagrees with the verdict.
Justice Jess Dickinson, who voted to reverse the $35 million against Prudential, took more than $1 million in 2002 from various insurance companies, physicians and lawyers, including the law firm that represented Prudential. Presiding Justice William Waller, who also voted for Prudential, took in $357,799 during 2004 from lawyers, physicians and insurance companies, including American Bankers Insurance a company that lists Prudential as its “premier partner”. Also taking in hundreds of thousands of dollars were Chief Justice James Smith ($316,077), Justice Mike Randolph ($585,417) and Justice George Carlson ($276,275).[6]
Campaign positions
Contrary to challenger Kitchens, Smith favors appointing judges on the appellate level--Court of Appeals and Supreme Court--but is "not looking for change at this time."
Smith says that the race is "about experience versus no experience" and says that since he became chief justice:
- The Court has eliminated its backlog of cases;
- The court has not missed a deadline since July of 2004.
External links
- Chief Justice Smith says he will work to restore public confidence in the judiciary
- Supreme Court races
- Chief Justice speaks to business people in Meridian
- Rankin Countians honor Supreme Court Chief Justice James W. Smith Jr.
- Clarion Ledger
- Mississippi Supreme Court Election Information
- Judicial candidates attend seminar on campaign finance and ethics, Smith welcomes
- Campaign Finance Reports
