Category Archives: General Legal

Why Do YOU Want to Be a Judge? Kelly Williams Candidate for Madison County Justice Court Judge on Why She Should be YOUR Next Judge

Election season is in the air! But how do you know who to vote for? One way is to meet the candidate and then ask them why are they Running for Office.

Kelly for Judge

WHY I’M RUNNING…

As I continue down the campaign trail, one of the questions that I’m asked frequently is: “Why should I vote for you?” So I wanted to take a minute and tell everybody why I’m running for Madison County Justice Court Judge, District 3. There are actually a couple of reasons why I think I’m well-suited for the position. Like I said, some people already know and if you’ve already heard it, then please just bear with me.

The first reason is that I feel strongly that Justice Court Judges should be lawyers. While the law doesn’t require this, I think it is important that Justice Court Judges have a fundamental understanding of due process. This is certainly not to suggest that a law degree is needed to read a statute or law, but being a judge is much more than reading a statute. In addition to being a lawyer, I believe a Justice Court Judge-and all judges for that matter-have to have common sense. This is an absolute must in Justice Court in particular, because more people will find themselves in Justice Court than any other court in our Judicial system and many, if not most, will find themselves unrepresented. This is because of the relatively low civil jurisdiction, being that Justice Court handles civil matters not to exceed more than about $3500 and generally speaking deals with misdemeanors to include DUI 1st and 2nd, traffic citations and bond hearings.

For example, let’s say I’m sued for $3500 and I go to a lawyer to hire them to represent me. Well, in many cases, that lawyer is going to charge me more than $3500, so that’s a no brainer. I’m certainly not going to do that, so I’m likely going to go to court on my own without a lawyer. The Plaintiff will probably also not be represented, because in Justice Court to start your case you need only to initiate some paperwork, such as an affidavit, and the Clerks are good at guiding people through that process. This is rightly so since Justice Court is still the people’s court. So now we have two parties, neither of whom is represented by lawyers. If you throw a judge into that mix who is not a lawyer, then you have problems. On the other side of that coin, that need for knowledge and understanding of due process is matched by a need for common sense. There must be common sense application of the law. Without both of these, you end up with bad decisions that affect people’s lives.

The second reason is a little closer to home for me. As some of you know, my family has a long history of military support and service. My grandfather served in WWI and all three of my uncles served in WWII, one of whom was killed shortly before the war ended and remains buried in a memorial cemetery over seas. My father was Air Force and flew in Viet Nam and later served in the Air Guard. My husband served during the Gulf War and was stationed on the USS Abraham Lincoln and my mother, who is a nurse, retired from the Army National Guard as a full-bird Colonel. I will never be able to compare to that kind of service. Those in my family who’ve come before me contributed to our way of life in a way to which my contributions will not compare. My contributions to this community and country will, in large part, come in how I raise my children, my charitable contributions and how I use my education, experience and skill set. The last of these I believe make me the best-suited candidate for Madison County Justice Court Judge. Finally, I do have judicial experience. For the last five years I have presided over abuse and neglect adjudications and Delinquency proceedings.

If you’re still reading, I thank you for hanging in there. I know this is not the most interesting post, but if I’m asking for your vote, I think it’s important for you to know why I’m running.

I want to thank everyone for their support. I can’t express how much it means to me. We’re out of t-shirts, but ordering more and we’ve got more signs coming in today. Please let me know if you’d like either and visit www.kellywilliamsforjudge.com to get involved. Please get out and vote on August 4th and please consider voting for me. I need your vote!

*Thompson Law Firm, pllc, is a Host for the Kelly Williams for Madison County Justice Court Judge campaign.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or  Matthew@bowtielawyer.ms.

 

Hot Water; Local Judge Accused of Perjury

Mississippi was recently determined to be the “most corrupt” state. It appears we may be deserving of that title…

atibodyphoto /freedigitalphotos.net

A post earlier this year told of the woe of Judge Joe Dale Walker and self-dealing from the bench which lead to his removal, conviction and incarceration.

In summary, Walker instructed a federal grand jury witness to destroy documents and then Walker lied to the FBI  about it.

Walker appointed a Conservator to solicit bids for the construction of a home for a ward, a litigant in his Court. Of the bids obtained, one was from the Judge’s nephew.  The Judge reviewed the bids in his office and instructed his nephew to increase his bid. Walker then transferred the case to the other Judge in the district for the limited purpose of accepting and approving the bid because of his nephew’s involvement. After the contract was awarded to Walker’s nephew, the case was transferred back to Walker by the second Judge.

This conduct lead to his demise. But, the story is not over…

The second Judge, David Shoemake, is now in the hot seat over the same allegations.

Magee News

Shoemake originally denied signing the Order approving the bid. The Mississippi Commission on Judicial Performance conducted an investigation into these allegations.

Concerning the order dated August 2, 2011, Shoemake testified at a Judicial Performance Show Cause Hearing, “I’ll say no, it’s not my signature. It looks like my signature. But I don’t think it’s my signature. I think it’s been transposed or cut and pasted or something.” (Ex. 4 at 30).    As the questioning continued concerning that order, Shoemake grew more insistent:

Q: So you maintain that this is not your signature on the order filed on August 9th and dated August 2nd?

A: Yes ma’am, that’s what I maintain. And, if you will notice, the order that has the date August 2nd, 2011, has been cut and pasted. It’s got three computer fonts on the front page. And it tries to cut in this language from the copy of the order that she sent me at 3:59 an [sic] August 2, 2011. So the order has obviously been messed with. Somebody has cut and pasted. (Ex. 4 at 37).

Shoemake then stated, “I have never in my life signed a second page with a signature blank on it and that’s all; as a lawyer doing deeds or accepting deeds or any kind of document. I would not have signed my name on a page with my signature blank alone, because it just throws into credibility the first page. You can change the two pages, make them interchangeable.

His testimony “changed” following a handwriting analysis. The Commission had a handwriting analysis conducted which determined that it was in fact Judge Shoemake’s signature on all Orders in controversy.

At a Formal Hearing before the Judicial Performance Commission, Shoemake admitted signing all of the orders in controversy.  He argued he was justified in signing the orders after transferring the matter back to Walker because that was customary, he “didn’t see anything wrong with it at that time . . . I have jurisdiction. And judges can accommodate one another in the same district.” (T. at 202). In fact, he never gave that a second thought: “don’t remember that even being an issue.” (T. at 341). He stated he only did it because he was told that was what Walker wanted.

 When  was asked at the Formal Hearing why, at the prior hearing, he did not simply explain that he signed the orders because he was told that was what Walker wanted, he stated, “I can’t answer that. I don’t know.” (T. at 346).

Based on the above, the Commission has recommended that Shoemake be removed from office, that he be fined the sum of $2,500 and ordered to pay the costs of these proceedings in the sum of $5,882.67.  This matter is now before the Mississippi Supreme Court.

The current allegations are limited to conduct on the bench and whether they are violations of the Cannons of Judicial Ethics.

Follow the blog: BowTieLawyer Visit the websiteThompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

Know When to Walk Away

Kenny Rogers sang the tune,”You’ve got to know when to hold ’em,
Know when to fold ’em, Know when to walk away, And know when to run.”

http://www.concertvault.com/features/7051-uncut-kenny-rogers.html

He was talking about Gambling, but it’s good advice for life in general and specifically for Family Law.

You would do well to know what are deal breakers in your relationship. Some issues can and should be dealt with, some issues (read arguments) aren’t worth having. Sometimes it’s best to “walk it off” and let cooler heads prevail and sometimes you just need to run. Run away. It’s too complicated, hard, and not good, ultimately for either party, or the kids, or the extended family.

Matthew Thompson is a Family Law Attorney in Mississippi and encourages you to be like Kenny Rogers. No, don’t sing country music and have “some work” done in your later years. But, know what’s worth fighting for and when to walk away…

Follow the blog: #BowTieLawyer 

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Charlie Sheen- Law, Love and Winning

After a week of Flag and Marriage controversy, how about a topic even more controversial? Charlie Sheen.

http://www.foxnews.com/entertainment/2013/12/22/charlie-sheen-/

There could be a law school class; Charlie Sheen and the Law.

Charlie on Restraining Orders:

Great. I was already planning on staying 100 parsecs away from her.” (A parsec is a unit of length equaling 3.26 light-years.)

Charlie on being “Bi-Polar:”

I’m bi-winning. I win here and I win there. Now what? If I’m bipolar, aren’t there moments where a guy like crashes in the corner like, ‘Oh my God, it’s all my mom’s fault!’ Shut up! Shut up! Stop! Move forward.

Charlie on suing CBS:

They’re trying to destroy my family, so I take great umbrage with that. And defeat is not an option. They picked a fight with a warlock.”

Charlie on why he is a “Winner:”

I’m sorry, man, but I’ve got magic. I’ve got poetry in my fingertips. Most of the time — and this includes naps — I’m an F-18, bro. And I will destroy you in the air. I will deploy my ordinance to the ground.

Charlie on Drugs:

I am on a drug. It’s called Charlie Sheen. It’s not available because if you try it once you will die. Your face will melt off and your children will weep over your exploded body. It’s too much.”

 

Quotes courtesy of Mr. Sheen and US Magazine.

Matthew Thompson is a Family Law Attorney in Mississippi and has not met Charlie Sheen.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

 

Flag vs. Reality( Tip-toeing into Politics)

The Mississippi Flag is in the news! Unfortunately, it is for all of the wrong reasons.

us-ms-61

Not the Mississippi Flag.

In 2001, there was a vote.  This vote was not “Do you Love the Current Flag above all Others?”  But instead it was do you Like “Flag A” better than “Flag B” ?  Flag A won, 64.39% to 35.61%.

Flag A

Flag B

A majority picked A, but was it decisive for all eternity? No. There was not a Flag C to choose from.  Flag B, and other options that didn’t make the cut, came about through committee. (Read more at the link).

Heritage or hate? Those arguments will not get you to a consensus. Think dollars and sense. Changing the flag will be a boon for the economy. For flag makers, sticker vendors, hat makers and those artisans that make those tiny spoons you see at the Flying J. A new flag can still have roots in heritage, NOT be associated with hate, AND be the will of the people!

Interestingly the tragedy out of South Carolina is the reason this is on the forefront today and it’s NOT even South Carolina’s State Flag.

I’ve seen the South Carolina State Flag on everything. Hats, shirts, koozies, stickers, key chains, bow ties. The list is endless. It is time for Mississippi to have a State Flag that the entire State can be proud of.

Our thoughts and prayers are with the victims and their families in South Carolina.

Matthew Thompson is a Family Law Attorney in Mississippi and supports changing the flag in Mississippi and vows to not wear a bow tie with the current state flag on it. 

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or  Matthew@bowtielawyer.ms.

Happy Father’s Day

“I believe that what we become depends on what our fathers teach us at odd moments, when they aren’t trying to teach us. We are formed by little scraps of wisdom.”

― Umberto Eco, Foucault’s Pendulum

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BowTieLawyer.MS

The Lemon Lawyer; Signs of a Bad Lawyer

With apologies to the Lincoln Lawyer, beware of the Lemon Lawyer…

lemonlincoln

Signs of the Lemon Lawyer:

  • When you Call the Office you Never get the Same Person Twice. Personnel turnover happens, but if it’s too frequent, it’s the boss and not the employees.
  • Higher Fee Tango.  You’re told one fee and it inexplicably balloons. Sometimes it is more involved than anticipated, however in that instance it can be explained.
  • Too Much Difficulty in Communicating.  With cell phone, text and email, responses should not be few and far between. (However, watch the volume of those communications. Don’t wear them out)
  • On-line Presence is a Different Area of Practice than What You are Hiring Them For.  Last week they were the “DUI Daddy” for the tri-county area and this week they specialize in Divorce.  This happens a lot. Lawyers think no matter what they can always do Wills and Divorces.  I’d get one that does what you need.
  • Practicing out of their Car. The Lincoln Lawyer was just chauffeured because he did not have a valid driver’s license, he had a law office.  If your attorney does not, where are you going to meet them?  The occasional out-of-office appointment is OK, but highly sensitive meetings need to be in a secure, private place.
  • When you tell other people who represents you they say, “Ohhhh

To some extent, all lawyers are guilty of these things on an occasional basis.  I know that my office has missed returning a call or an email. Sometimes, emergencies happen and that attorney is stuck in Court unexpectedly. It happens more than you think in Family Law. Sometimes, we just forget to call you back.  However, if the above issues happen too numerous to count, either get to the bottom of it or make a change.  Or, you may end up with a sour taste in your mouth.

Matthew Thompson is a Divorce Litigation Attorney in Mississippi and warns you to avoid the lemon.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law case or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Don’t Talk too Much.

There is a saying that Confession is good for the Soul.  But, confession may not be good for your future.

imagerymajestic/ freedigitalphotos.net

The desire to confess, to tell someone your secrets can be overwhelming, that is why lawyers, counselors and pastors/priests exist. These professionals are bound to keep your business your business. This is because these communications are protected by privilege; attorney-client, doctor-patient, and/or priest penitent.

That person you just met is not bound by anything. They can tell anyone they please and more importantly could be compelled to testify if legal proceedings were ever to be had. Even if you said something that was not true this person could say you said it.

Also, telling people your business is bad business.  You never know when that certain something comes back to bite you.

Matthew Thompson is a Family Law Attorney in Mississippi and warns clients to not “tell-all” to non-privileged individuals. 

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or  Matthew@bowtielawyer.ms.