Wednesday, November 17, 2010

Larry Buffington and using the law to silence the media

You remember Larry Buffington. He went nuts when someone "leaked" public information to the press. In his attempt to uncover the hideous crime of giving public information to the press, he issued subpoenas that he later acknowledged broke the law, but he didn't care. For that the Judicial Performance Commission recommended a public rebuke, a case still pending before the Mississippi Supreme Court.

Now, Larry Buffington, the law, and the media collide once again. As we have noted, it appears Larry Buffington may have violated state ethics rules regarding nepotism by ordering supervisors to hire his brother and ordering his brother's level of pay. Additionally, this would seem to violate the Code of Judicial Conduct that says clearly, "A judge shall avoid nepotism and favoritism."

So a citizen files a complaint. Then comes the story in the Clarion Ledger quoting the citizen and the head of the Judicial Performance Commission.
Charlene May of Silver City acknowledged to The Clarion-Ledger that she filed the complaint "because I think the public needs to know he is robbing taxpayers." But the head of the judicial watchdog group charged with investigating complaints and making punishment recommendations said state law dealing with nepotism is fuzzy. "It speaks to specific officers and clerks," said John Toney, executive director of the Mississippi Commission on Judicial Performance.
Now comes the next story. Apparently Larry Buffington and his attorney are attempting once again to use the law to silence the media.
A Silver Creek woman says her judicial complaint against longtime Chancery Judge Larry Buffington has been dismissed because she talked to the media.
This is a woman who saw something wrong. She did the responsible thing and reported it to the authorities. When contacted by the press she didn't run and hide, she said what she did. At what point does any of this clear Larry Buffington of nepotism?
She filed her complaint late last month with the Mississippi Commission on Judicial Performance.

Buffington said Monday he hired his brother four years ago in Lawrence County only because the county prosecuting attorney had a scheduling conflict. He said county supervisors hired his brother in the other counties.
So Buffington can comment on this, but the person who made the allegation can not?
May said she received a call on her cell phone from the commission's Executive Director John Toney telling her that her complaint was voided because she breached the confidentiality clause after her story appeared in The Clarion-Ledger.
That was the same story in which John Toney appeared.
May said she disagrees with her complaint beingdismissed.

"That does not negate what he has done," May said of Buffington. "He committed nepotism."

Toney said he couldn't confirm or deny anything about the case because the commission's work is confidential until the recommendation.

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