Kitchens Negative Attacks

Used to before the election, desperate campaigns would circulate a scandal sheet with false or scurrilous allegations against their opponents. They'd end up on cars or in your yard or handed out right before the election. The Jim Kitchens Campaign has done the online version (which they are free to do). I won't bother linking it, but in their news release the Kitchens campaign says "We have said from day one that this race should be about the issues, about a person’s record and not about personal attacks." Except none of the Kitchens false allegations are about Jim Smith's record. None. They don't show where he ruled incorrectly in a single case. They are all personal attacks. Desperation.

The Kitchens campaign did have the courage to sign their name to the attacks. So they also deserve the credit for their negativity.

Today the Neshoba County Democrat endorsed Jim Smith. The endorsement says in part:

Smith has run a strictly positive campaign and worked to earn every vote, visiting every cabin and camper at the Neshoba County Fair....Kitchens' campaign has festered with negativity and attacks against Smith.

The endorsement also says:

Chief Justice Jim Smith has a proven record of fairness on the Mississippi Supreme Court. Under his leadership, the Court has cleared all its backlogs and is current for the first time in decades. He administers the Court with professionalism and respect for the dignity of the law that is sorely needed in Mississippi's legal profession today...Smith is known in his community as an intelligent jurist and a humble man of faith...Mississippi will benefit from the re-election of an honest and fair man of integrity like Jim Smith.

Honor. Fairness. Professionalism. Dignity. Not negative attacks.

(Truth is, RespondMississippi enjoys watching campaigns get rough and tumble. We like the attack ads and the quips and the partisan rhetoric. We want more, not less. We don't believe the press does its job at exposing records, and so the opposition campaigns must do it instead. And Smith may need to respond to Kitchens aggressively. But let it be known the first shots were fired by Kitchens.)

Litigation Addiction

It is clear that plaintiff attorneys around the country are pumping in money to change the Mississippi Supreme Court. They are funding Jim Kitchens in hopes to defeat Chief Justice Jim Smith.

But litigation addicts in Mississippi are helping, too. Just looking at the big names on his most recent report. David Baria, former Mississippi Trial Lawyers Association president gave $1000. Shane Langston sent him $1200. The Mike Moore Firm gave $1000. Ed Williamson of Philadelphia and Isaac Byrd of Jackson each gave $1000.

But of course trial lawyers will fund his campaign. The funny part is the litigation addiction mindset. Ole Kitch's campaign is upset at people exercising their free speech. An organization apparently took photographs off of Jim Smith's web site and used them. Kitch's campaign said, "Surely Mr. Smith, a judge, knows that he could file suit against those groups for stealing or copyright infringement."

Like an addict facing his drug of choice he can't believe someone else would turn down the opportunity. Look! You can sue! Why don't you sue? For the love of man, don't you see you can sue!

I'm sure Jim Smith knows anyone can sue anyone for just about anything. But his first reaction is different from Kitchens. But then, that is what Kitchens does for a living.

Alston and Kitchens

Ole Kitch has a friend in Alex Alston. Alston, is the unofficial Clarion Ledger judicial correspondent. He has written numerous pieces for the Clarion Ledger based on his own research attacking the Supreme Court. The Ledger uses his "research" in its editorials as facts. Whenever his information is challenged, the Ledger allows him additional space to respond. He might as well be a contributing columnist.

Well, the Ledger has never disclosed Alston's motivations. Alston is the guy who lost millions because the Supreme Court overturned (7-2 decision) a jury verdict in a life insurance case (Stewart vs Prudential). His client hid the fact he suffered a stroke and was nearing death while negotiating a life insurance policy. Once that fact was revealed to the insurance company, they refused to write a policy under the previously negotiated conditions. Basically, Alston sued a company to claim a policy that didn't exist. He won with a Hinds County jury. The Supreme Court overturned it. As the lawyer, his share of the take would have been millions of dollars.

Hey, I'd be upset if I lost millions of dollars. I understand. Give me someone to yell at and a platform. A Court and a newspaper? That works fine.

But that doesn't mean the Court isn't right. And it doesn't give the Clarion Ledger license to hold up a disgruntled attorney as an authority on the Court. But then, the First Amendment gives the Ledger that license, and fair treatment is not a precondition for free speech.

Anyway. In addition to his public attacks on the Court, Alston is now supporting the guy who wants to take out Chief Justice Jim Smith. The latest campaign finance report of Jim Kitchens shows contributions from Alston on August 19 and September 30 for a total of $1000. I wonder if the Ledger will continue to give Alston carte blanche to opine now that his motivations are both personal and political.

Chief Justice Jim Smith: Character