Just in from Jim

Here's a two-page memo, co-authored by Judge Sotomayor, on the death penalty. In it, she and two others recommend that the Board of Directors of the Puerto Rican Legal Defense and Education Fund issue a statement to then-NY Governor Hugh Carey in opposition to the reinstatement of the death penalty in New York. The reasons are those we typically see given by death penalty opponents today. That's not what's important here. What is important is that Sotomayor, if her convictions are as they were in 1981, would be a solid anti-death penalty vote for years to come.

Sotomayor Memo on Capital Punishment

D-Day +65 years

Let's face it: words can only detract from what these young men did.

Funny Budget Battle Video

Just got this in:

Tank Man

Twenty years ago today, the above happened. I was 11, and I'm certain that Tank Man in no small way shaped my worldview and led me into a career in criminal defense. Tank Man became the ideal for me. In my estimation, Tank Man is the only way to be a true man. John Wayne barely holds a candle to this guy: alone, unarmed, standing firm as the tanks of a repressive regime roll toward him.

I think about Tank Man often when I think about what it is that criminal defense lawyers do. While there's truly no grave danger associated with being a criminal defense lawyer, he or she is the only person standing between a citizen and the power of the state. The criminal defense lawyer, metaphorically, stands in front of the tank for his or her client. I encourage each of you to find your own tank, and refuse to back down.

Quick Hit on the Budget Stalemate

My friend Rep. Brandon Jones updates his constituency via email on a frequent basis. With his permission, I've reproduced a portion of today's update here. It's an informative synopsis on the positions of the House, the Senate, and Gov. Barbour.

The Positions


On Wednesday, House and Senate conferees published their budget proposals alongside the latest proposal from the Governor’s office. I won’t bore you with the specific figures (e-mail me if you want them) but I will try to hit the high points:


1. The budgets provided by the House, Senate and Governor each use $95 million in “Rainy Day Funds”;

2. The budgets provided by the House and Senate tax hospitals at $57 million annually. The Governor’s budget calls for a $90 million tax on hospitals;

3. The House budget prohibits additional cuts to Medicaid providers. The budgets offered by the Senate and Governor allow unlimited cuts to Medicaid providers;

4. The House budget does not move Federal Stimulus dollars forward to later fiscal years. The Senate budget moves $60 million in Federal Stimulus funds into the 2011 fiscal year. The Governor’s budget moves $90 million in Federal Stimulus funds into the 2011 fiscal year;

5. The House budget fully funds National Board Certified Teachers, the Gifted Studies Program, and Special Education teachers. It reduces expansion of the high school redesign program. The Senate budget fully funds National Board Certified Teachers. It does not fully fund the Gifted Studies Program, Special Education teachers and reduces expansion of the high school redesign program. The Governor’s budget does not fully fund National Board Certified Teachers, the Gifted Studies Program, Special Education teachers and reduces expansion of the high school redesign program;

6. The House budget fully funds Medicaid. The budgets provided by the Senate and Governor do not fully fund Medicaid;

7. The House and Senate budgets fund the $20 million additional appropriation to the State Wind Pool program. The Governor’s budget does not fund the $20 million additional appropriation to the State Wind Pool program;

8. The Governor’s plan does not fund the car tag credit for 2010.



Regular Session v. Special Session


At the urging of hundreds of teachers, hospital workers, and public employees who were roaming throughout the Capitol on Wednesday, the House tried three times to extend the Regular Session. The resolution would have allowed conferees to continue the negotiation process and avoid another costly special session. As many of you will remember from last year, special sessions cost substantially more per day than regular sessions. These types of resolutions require a 2/3rds vote for passage. A bipartisan group of 72 Republicans and Democrats voted to extend the Regular Session and against a Special Session but fell short of victory by 4 votes.


I voted against the Special Session for 4 simple reasons: 1) The same people who are in disagreement now will still have to reach an agreement in a Special Session; 2) There is nothing about a Special Session that compels legislators to agree (in fact, last year, quite the opposite happened); 3) In a budget year like this one, we should take the cheapest route to a solution; and 4) The Governor has repeatedly failed to include the Wind Pool increase in his budget figures.

$4.6M verdict for Joey Diaz?

Philip Thomas has a brief post up this morning on his very informative Mississippi Litigation Review & Commentary blog sharing rumors of a $4,600,000 verdict in a medical malpractice case. All the entry tells us is that Joey Diaz (an excellent trial lawyer and a friend to this blogger) represents the plaintiff, and that the punitive damages phase is about to begin. Anyone know more about this case? What county, what judge, what injury, etc.?

Judge Yerger to retire on Dec. 31, 2010

Judge Swan Yerger will retire at the end of this term of office. He has served as Hinds County Circuit Judge since 1997, and has been Senior Judge of the Hinds County Circuit Court since Judge Breland Hilburn's retirement in June of 2002.

He has served ably, and this writer has considered it a privilege to practice before him.