Category Archives: General Legal

Who Judges the Judges?

The Mississippi Commission on Judicial Performance was created in 1979 by the Mississippi Legislature, and voters, by constitutional amendment to enforce judicial standards.

It was created for the following purpose:

All proceedings before the Commission are of a civil nature, not criminal, as the​ purpose of the Commission is to be rehabilitative and educational, as well as disciplinary.

What is judicial misconduct?

Actual conviction of a felony in a court other than a Mississippi court; willful misconduct in office; willful and persistent failure to perform his duties; habitual intemperance in the use of alcohol or other drugs; conduct prejudicial to the administration of justice which brings the judicial office into disrepute; physical or mental disability seriously interfering with the performance of duties and such disability is or is likely to become permanent; any willful violation of the Code of Judicial Conduct; and any violation of the Rules of Professional Conduct as adopted by the Mississippi Supreme Court.

Some examples of judicial misconduct include abuse of contempt power, failure to disqualify when required by law, ex parte communication, and improper demeanor.

Who can file a complaint?

Any citizen, litigant, attorney, law enforcement official, judge, public official, or other individual who has knowledge of possible judicial misconduct may file a complaint with the Commission. Complaints may also be filed anonymously. Additionally, the Commission may file a complaint on its own motion based upon matters it learns of in other ways, such as from mass media and information obtained during the course of an investigation.

What information should I submit with my complaint?

You may attach any documentation and/or evidence you believe may be pertinent, such as court documents, witness statements, correspondences, audio/video tapes, etc. Please do not send originals. Additionally, please include the names of any witnesses that may be able to substantiate the allegations contained in your complaint.

Matthew Thompson is Family Law Attorney in Mississippi and believes all persons within our legal system are subject to accountability.

Make History Mississippi

Here’s your chance to be a part of history-in-the-making, changing Mississippi for the better.

There is a movement afoot to change/adopt a state flag that celebrates MS, while respecting her heritage. (…at least the heritage worthy of respect.)

The above link is a pre-order for a specialized car tag with a proposed new flag for MS. I for one support and encourage a change. I encourage you to join in, show your support and be a part of making History in Mississippi.

#StennisFlag #PutItUp

#BowTieLawyerMS (601)850-8000

Hot & Cold; Family Law’s balancing act

We all have “bad days.” The same is true for the judge, your lawyer and you.

Ruleville, MS water towers. Photo by Matthew Thompson

Part of the reason that Court is so unpredictable is because there are humans involved in the process. You just do not know what that other persons has had to deal with the last day, week, or month. Those outside influences, while they should not impact a case, can effect the outcome.

When the judge has a “bad” day, lawyers get chastised, witnesses “corrected” and rulings may be delayed. When lawyers have “bad” days client got to jail!

A short post today and not a lot of solutions, however the take away is show grace and until you’ve walked a mile in their shoes, you do not know what someone else is dealing with.

Matthew Thompson is a Family Law Attorney in Mississippi and former Photo Editor/Photograph for MC Law’s Legal Eye student newspaper.

Shhh…CONFIDENTIAL.

Keeping secrets is my business.

Attorney client confidentiality and privilege are legal terms of art. Today’s blog will deal with confidentiality and privilege will be in a follow up blog.

Confidentiality is an ethical obligation on the the attorney to keep your business, your business. That means that your identity, the fact you called, or had an appointment, and the content of the discussions are all private. It means it is kept a secret to the extent it needs to be.

Confidentiality does not mean you may not disclose some information to others. If there is a pending suit and I am hired and file on your behalf then those facts are no longer confidential. If I need to disclose some facts to have an expert evaluate them, then to that extent, the disclosure to a third party, is no longer confidential. However, confidentiality can apply to third parties, including; experts, other attorneys in the firm, and staff in the firm.

The American Bar Assoc. Model Rule 1.6, states:

“A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).”

“The rule prohibits a lawyer from sharing any information learned about their client–whether learned directly from the client or not–that is related to the representation without permission from the client. This is a broad duty. However…there are a number of instances where disclosure is permitted without a client’s consent, including preventing death or substantial bodily harm, preventing the client from committing a crime or fraud that will injure another, preventing or mitigating harm that may result from a crime committed by the client, compliance with other law or a court order, securing legal advice about compliance with the rule, establishing claims and defenses in the event of a dispute between the lawyer and the client, or resolving potential conflicts of interest for the lawyer. Given these numerous exceptions, a lawyer must pay close attention to the particular facts of their situation when determining whether disclosure is permitted.” ABA, Model Rule 1.6

 

Matthew Thompson is a Mississippi Family Law Attorney and keeps your secrets.

Even $273 Million reasons couldn’t bring us back together…

5 months ago Mike got divorced.

It was a 15-year long marriage. For much of it Mike was unemployed. Eileen had had enough. Eileen had to pay Mike alimony based on their respective earnings, earning capacities and work histories.

5 months later Mike won $273 million dollars in the New Jersey lottery.

Upon learning of the win, Eileen said “He’s not appealing to me all of a sudden because he has this money.”

Mike responded, “$270 million does not make me appealing to her — that’s what she said?”

“It’s over with…I just want her to stop being in my life.”

While it appears no amount of money could salvage this relationship, Mike plans to salve his wounds with a new pickup truck, a vacation and listening to his lawyer.

Eileen has a basis to modify and possibly terminate her alimony obligations to Mike. Win, win.

Matthew Thompson is an Alimony Lawyer in Mississippi which just approved lotteries. Get ready!

Judging the Judge

There are a smattering of sites devoted to ostracizing a few select judges. These usually pop up when one party feels so aggrieved that they decide to let the whole world know about it. There is nowhere online that judges are celebrated.

Now there is a place to do this. The Robing Room. This site is a place where Judges are Judged. It reports to be operated by attorneys and is based in New York City!

The site lists Judges by Federal and State Districts. The Mississippi page, linked here, has Judges listed by County and by Circuit or Chancery District. The listings have not been updated in some time, and a number of the judges are not judges anymore due to retirement and elections.

There are only a handful of reviews for Mississippi, but other states have more. I assume the dearth of information is because this is not a commonly known site in Mississippi.

So if you love your judge or love to tell the world how bad he/she is, now is your chance. The site states the postings are anonymous, though require an email to post a rating. The rating provides for a numerical score on multiple characteristics and allows for comments.

Matthew Thompson is a Family law attorney and knows the judges may groan about this. However, the positions are non-partisan, elected and subject to public scrutiny or praise. Be the judge that gets the praise.

Go Jump off the Roof!

Your parents used to ask you “if all of the other children jumped off the roof (or bridge), would you?”

This lawyer answered in the affirmative. Adam Wirtz, an attorney in Illinois, was craving a “skybath” and jumped off of the 10-story Courthouse under construction in Will County, Illinois.

He was observed by law enforcement and arrested upon his landing. It appears the charge will be trespassing.

Matthew Thompson is a Family Law Attorney in Mississippi and is amazed at the length some lawyers will go to avoid Court!

Banned From Court…

Know the rules of your particular Courthouse before you get there.

Certain items may NOT be taken into Court, usually. Of course no firearms or weapons may be taken into Court. There have been laws and lawsuits regarding this. See Ward v. Colom, 2016-M-01072-SCT

However, depending on your jurisdiction, there are other items disallowed, and can include:

Cell Phones, Cameras, Recording Devices, Laptops, Ipads, E-Notebooks, Smart Watches, Mace, Weapon’s accessories (ie., a holster, even if empty), Purses, Hand bags, and the like.

In some jurisdiction this applies to the litigants and in some the litigants, witnesses, observers and attorneys.

Matthew Thompson is a Family Law attorney in Mississippi and reminds you to Ask your attorney the rules of what you can and cannot bring to Court.