LAW OFFICE OF
Richard B. Fields
THE WRIGHT CARRIAGE HOUSE
688 Jefferson Ave
Memphis, TN 38105-4936
Mailing Address: Telephone: (901) 543-4299
Front Street Station Facsimile: (901) 527-1166
P.O. Box 3096 Email: fieldsrb@bellsouth.net
Memphis, TN 38173-0096
Mr. Charles F. Newman, Esq.
Burch, Porter & Johnson ( Corrected 8:07
p.m., July 12, 2006)
130 N. Court Avenue
Memphis, TN 38103
Re: Judicial Races in Shelby
County
Dear Charles:
This letter is addressed to you although it is
being sent to all three thousand attorneys in Shelby County.
Recently, an article in the Commercial Appeal reminded me of your
heroic struggle to save Overton Park against enormous odds. You
have always been my hero, and I also remember Mr. Lucius Burch’s
kind words when the NAACP and a group of lawyers, one of whom I was
fortunate to be, were fighting over a period of nine years to free
three innocent young black men from Marked Tree, Arkansas, who were
wrongly convicted of murder. You and Mr. Burch made me proud to be
an attorney.
This letter is to all the attorneys in Shelby
County and is meant to encourage them to become involved in the
current judicial elections. Unlike judicial candidates who must
fill out extensive questionnaires when they appear before the
Tennessee Judicial Selection Commission for appellate judges and
interim appointments when a judge does not complete his or her
term, there is no in-depth screening of the judicial candidates in
the 40 races for general sessions, circuit, chancery, probate, and
juvenile court positions. What I have attempted to do is review
public records to provide background information that voters need
to know about candidates, particularly those who have no judicial
record. I also utilized my 30 years of experience in all of these
courts, keeping in mind the Tennessee Rules of Professional Conduct
8.2 governing all attorneys, which states as follows:
Tennessee Rules of Professional Conduct
Rule 8.2
Judicial and Legal Officials
(a) a lawyer shall not make a statement that the lawyer knows to
be false or that is made with reckless disregard as to its truth or
falsity concerning the qualifications or integrity of the following
persons:
(1) a judge;
(2) an adjudicatory officer or public legal officer; or
(3) a candidate for election or appointment to judicial or legal
office
(b) a lawyer who is a candidate for judicial officer shall
comply with the applicable provisions of the Code of Judicial
Conduct.
And in the comments to this Rule, lawyers are
encouraged to express “honest and candid opinions” about the
professional and personal finances fitness of persons being
considered for election or appointment to judicial office and to
the public legal offices, such as the attorney general, as these
opinions from lawyers contributes to “improving the administration
of justice.”
Now we could take the position of Senator Roman
Hruska (R. Neb.) when he defended Richard Nixon’s nomination of G.
Howard Carswell to the U.S. Supreme Court in 1970:
Even if he [Carswell] is mediocre, there are
a lot of mediocre judges and people and lawyers. They are entitled
to a little representation, aren’t they, and a little chance? We
can’t have all Brandeises and Cardozos and Frankfurters and stuff
like that there
(Fortunately, Judge Carswell’s nomination was
rejected 51- 45 by the U.S. Senate, when,
among other problems it was revealed that he
assisted in re-segregating a private country club in Georgia)
I prefer to follow the eloquent words of U.S.
Senator Barak Obama (D. Ill.) who is electrifying people throughout
the country with his intelligence and common sense. The first black
editor of the Harvard Law Review, he turned down a U.S. Supreme
Court clerkship and returned to Chicago where he practiced poverty
law. He won 80% of the vote in Illinois when elected to the U.S.
Senate, and his strong admirers (besides obviously the citizens of
Illinois) include Warren Buffett and Bill Gates. His words are
eloquent and incisive:
Now, the test for a qualified judicial
nominee is not simply whether they are intelligent. Some of us who
attended law school or are in business know there are a lot of real
smart people out there when you would not put in charge of stuff.
The test of whether a judge is qualified to be a judge is not their
intelligence. It is their judgment.
The test of a qualified judicial nominee is
also not whether that person has their own political views. Every
jurist surely does. The test is whether he or she can effectively
subordinate their views in order to decide each case on the facts
and the merits alone. This is what keeps our judiciary independent
in America. This is what our founders intended.
Today, at a time when American families are
facing more risk and greater insecurity than they have in recent
history, at a time when they have fewer resources and a weaker
safety net to protect them against those insecurities, people of
all backgrounds in America want a nation where we share life’s
risks and rewards with each other. And when they make laws that
will spread this opportunity to all who are willing to work for it,
they expect our judges to uphold those laws, not tear them down
because of their political predilections. Republicans, Democrats,
or anyone in between. Those are the types of judges the American
people deserve.
[Remarks of U.S. Senator Barack Obama and the
nomination of Justice Janice Rogers Brown as delivered in the
chambers of the U.S. Senate, Wednesday, June 8, 2005. For complete
remarks, see www.barackobama.com]
It is important that the judicial elections
process does not become bogged down in partisan politics or racial
polarization. Certainly we do not have enough black lawyers in our
major firms and the bar must provide more opportunities for black
law school graduates to be recruited, hired, and trained to
practice in all areas of the law. But we cannot allow clearly
unqualified judicial candidates, black or white, to escape
scrutiny. The public must know the facts, and we as attorneys must
publicly express our “honest and candid opinions” to improve the
administration of justice.
The following is a list of persons I think are
most qualified for the judicial positions. I also include
endorsements for Sheriff and District Attorney General, because
they are such an important part of our justice system. Of the 40
judicial endorsements, 23 are white, 17 are black, 14 are female,
and 26 male. Of the contested races, 11 are black, 8 are white, 8
are female, and 11 are male. The races with a seriously unqualified
opposition candidate are marked by an asterisk and are discussed in
detail below.
2006 Endorsements
General Sessions, Civil Division
1 Judge Lynn Cobb (unopposed)
2 Judge Phyllis Gardner (unopposed)
3 Judge John A. Donald
4 Deborah M. Henderson
5 Judge Betty T. Moore
6 Judge Lonnie Thompson (unopposed)
General Session, Criminal Division
7 Judge Ann Pugh
8 Judge Tim Dwyer (unopposed)
9 Judge Joyce Broffitt (unopposed)
10 Judge Anthony Johnson (unopposed)
11 Judge Michelle Best
12 Judge Gwen Rooks
13 Judge Louis J. Montesi, Jr. *
14 Judge Larry Potter (unopposed)
15 Judge Loyce Lambert Ryan (unopposed)
Circuit Court Division
1 Judge John R. McCaroll, Jr. (unopposed)
2 Judge James F. Russell
3 Judge Karen Williams V
4 Judge Rita L. Stotts (unopposed)
5 Judge Kay Robillo (unopposed)
6 Judge Jerry Stokes *
7 Judge Donna M. Fields (unopposed)
8 Judge D’Army Bailey
9 Judge Robert L. Childers (unopposed)
Criminal Court Division
1 Judge Paula Skahan *
2 Judge W. Otis Higgs, Jr. (unopposed)
3 Judge John P. Colton (unopposed)
4 Judge Carolyn Blackett
5 Jim Lammey *
6 LaTonya Burrow
7 Lee V. Coffee
8 Judge Chris Craft (unopposed)
9 Judge W. Mark Ward*
10 Judge James Beasley (unopposed)
Probate Court Division
1 Judge Robert Benham (unopposed)
2 Judge Donn Southern*
Chancery Court Division
1 Chancellor Walter Evans (unopposed)
2 Chancellor Arnold Goldin*
3 Kenny Armstrong*
Juvenile Court
Curtis Pearson
Sheriff
Mark Luttrell*
District Attorney
Bill Gibbons*
DETAILED ANALYSES
OF CONTESTED RACES WHERE
THERE IS AN UNQUALFIED OPPONENT
1. General Sessions, Criminal Division 13:
Judge Louis J. Montesi, Jr. is one of our most
respected jurists in Shelby County. He has served as prosecutor and
judge for over 30 years. He has developed court roles for
interpreters in the courts of Tennessee and is involved in coaching
youth athletic activities. He has decided tens of thousands of
criminal cases over the past 16 years in a fair and thoughtful
manner. His opponent, Terrance Tatum, is an assistant public
defender who has been in that position for only five years.
Compared to Judge Montesi he lacks the experience and professional
recognition Judge Montesi has achieved. Mr. Tatum’s candidacy is
premature.
2. Circuit Court, Division 2:
Judge James F. Russell has been a Circuit Judge
since 1997. His 9 years as a judge and his experience in private
practice for 26 years has resulted in his ability to run a fair and
efficient courtroom with respect and collegiality. He is
exceptionally gracious to all parties.
Unfortunately, his opponent Curtis D. Johnson,
Jr., may be the most unqualified candidate in all the judicial
races. Mr. Johnson has received two public censures by the
Tennessee Board of Professional Responsibility in 2001 and 2004 for
mishandling client matters. He has a series of judgments or pending
cases against him in general sessions court for court report bills,
expert witness fees, and a personal injury case. He also was sued
in Chancery Court for paternity and child support where it was
alleged that he withdrew all financial support when the mother, a
client, would not terminate the pregnancy. He filed for bankruptcy
in 1998. Mr. Johnson clearly does not have the qualifications to be
a judge, much less a practicing attorney.
3. Circuit Court, Division 6:
Judge Jerry Stokes has an extensive trail record
as an attorney for 25 years. He is diligent, thoughtful, and
scholarly. In 2005 he was appointed by Governor Bredesen to the
Circuit Court where he has been praised by attorneys and clients
for his judicial demeanor. He also serves as co-chair of SCALES
(Supreme Court Advancing Legal Education in Schools) Project.
His opponent, Lawrence W. Pivnick, has been a
law professor since 1976. He has not practiced courtroom law in 30
years. Although he authored a book on Tennessee Circuit Court
Practice, the co-author was Tim Schaeffer who was an experienced
trial attorney. Professor Pivnick does not have the courtroom
experience to be a Circuit Judge.
4. Criminal Court, Division 1:
Judge Paula Skahan was appointed by Governor
Bredesen as Criminal Court Judge in 2005 after serving as a public
defender, assistant district attorney, and in private practice as a
criminal defense attorney. She has handled capital cases as a
private attorney as well as over 25 felony jury trials and
thousands of other cases in her 19 years of practice. She is
supported by law enforcement officer associations as well as
defense attorneys and prosecutors. She has received national
recognition as the recipient of the “Spotlight Award” from the
National Association of Women Judges.
Her opponent, Tonya C. Saafir, is completely
unqualified to be a criminal court judge. She has practiced law for
only 2 ½ years with virtually no criminal jury trial
experience. She filed bankruptcy in 1998. In 2004 she was sued in
General Sessions Court for non payment of debts, yet on November
28, 2005, she purchased a 2006 Cadillac Escalade, and no lien is
recorded with the state against this vehicle. On April 8, 2003, she
filed a Uniform Civil Affidavit of Indigence in her divorce
complaint.
5. Criminal Court, Division 5:
Jim Lammey has served as an Assistant District
Attorney for 15 years. He has served in the Major Violators Unit
and the Violent Crimes Prosecution Unit. His primary responsibility
is the prosecution of homicides. He is well respected by defense
attorneys as well as colleagues in the District Attorney’s Office.
Dewun R. Settle is his opponent and he has
serious problems. In 2000, Mr. Settle received a public censure
from the Tennessee Board of Professional Responsibility where he
neglected his client’s legal matter and failed to file a brief in
the Court of Criminal Appeals and was found in willful contempt of
court. He also is involved in current litigation with his
ex-partners, including Curtis Johnson, for debts of their former
law firm. He also has a $9,000 judgment against him in 1998 for
legal malpractice involving a personal injury case.
6. Criminal Court, Division 9:
Judge Mark Ward is an exceptional judge and
person. Appointed to his position in 2005, he was rated by the
Memphis Bar Association in the survey of its members as the best
judge in Shelby County and was selected “Judge of the Year” for
2005. This is significant as most members of the Memphis Bar
Association are civil practice lawyers. He has over 30 years
experience in the criminal justice system as the assistant public
defender, an Adjunct Professor of Law in Criminal Procedure at the
School of Law-University of Memphis, a clerk on the Criminal Court
of Appeals, and private criminal defense practice. He also is the
author of the authoritative Tennessee Criminal Trial Practice. His
education background includes a B.A. – Law Enforcement and M.A.’s
in Criminal Justice and Religion.
His opponent, Alicia Howard, has virtually no
criminal jury trial experience. Her last employment as an Assistant
City Attorney involved no criminal work. After leaving the City
Attorney’s Office, she filed a Chapter 7 bankruptcy in Jackson,
Tennessee in 2000. Her 20 years of practice have been
undistinguished and does not make her in anyway fit to replace
Judge Ward.
7. Probate Court, Division 2:
Judge Donn Southern has been a probate Judge 17
years and has received praise from the bar and citizens for his
competency and fairness. Probate Court deals with estates from a
shotgun house to businesses worth millions of dollars. It requires
knowledge of tax laws, constant updates of legislative changes, and
sensitivity to people who have lost their loved ones. Judge
Southern’s 30 years of private in probate, estate planning, and
real estate makes him eminently qualified to retain his position as
his rulings over 17 years as judge are well-reasoned and fair. He
has also served as President of the Memphis Bar Association.
His opponent, Karen D. Webster, has absolutely
no qualifications to be a Probate Judge. She has had few cases in
Probate Court and none of a complex nature. Her previous experience
as a city prosecutor and county contract attorney did not involve
probate matters. She simply is not qualified for such a specialized
court as Probate Court.
8. Chancery Court, Division 2:
Chancellor Arnold B. Goldin is one of the finest
Chancellors in the history of Shelby County. He was appointed in
2002 and elected to fill and unexpired term in 2004. He was voted
Judge of the Year in 2004 by the Young Lawyers Division of the
Memphis Bar Association and is past president of the Tennessee
Trial Lawyers Association. He has also served as Honorary Chairman
of the Committee to preserve the legacy of Dr. Benjamin L. Hooks.
He is always well-prepared, fair to all parties, and his written
opinions are timely and scholarly.
His opponent, Carlee McCullough, an Assistant
City Attorney and Contract Compliance Officer for the City of
Memphis, is the most dangerous judicial candidate on the ballot.
Chancery Court is an important court for injunctive relief and
particularly business disputes. Ms. McCullough has no trial
experience in Chancery Court.
Ms. McCullough’s personal life and professional
life have been marked with serious problems. Ms. McCullough was
married to Scott Crawford, a former attorney who went to federal
prison recently concerning his involvement with the Gangster
Disciples. Before their divorce, Ms. McCullough and her husband
operated the Ivy, the site of the former Justine’s. It was a
financial disaster and her investors lost all of their money. Ms.
McCullough is liable for over $50,000 in judgments which she is
paying off at approximately $400 per month.
Before returning to Memphis, Ms. McCullough was
licensed in California and which was suspended twice for
non-payment of fees.
As the City of Memphis Contract Compliance
Officer, Ms. McCullough has certified a business as minority
contractor that was in fact operated by white males. In 2004,
American Medibanc was certified as a female business enterprise for
an ambulance fee billing contract of over $1 million per year,
which in fact was being operated by two white males. It was
recently determined that while Medibanc had the contract, it did
not have the capacity to do electronic billings for all of its
accounts, and the City of Memphis may have lost over $2 million in
untimely billings to Medicare and other insurances. Ms. McCullough
has taken no action to recoup these funds.
She now seeks to award the ambulance fee
collection contract to Affiliated Computer Services even though the
services will be subcontracted to a firm in Philadelphia. This
contract was protested in April of 2006, but the protest hearing
has not yet been scheduled.
9. Chancery Court, Division 3:
Kenny Armstrong is currently the Clerk &
Master of the Chancery Court. He was appointed to this position by
the three Chancellors in 1997 and has served as a special
Chancellor on many occasions. He is well-respected by attorneys,
and his office is one of the most helpful for citizens seeking
assistance. His 24 years of private practice and 10 years as Clerk
and Master have made him an excellent choice for Chancellor.
His opponent, Karen Tyler, is another candidate
who has virtually no experience in Chancery Court. Most of her 16
year career was spent with Memphis Area Legal Services. In her
recent two years in private practice, she has filed only six cases
in Chancery Court.
10. Sheriff
Sheriff Mark Luttrell certainly deserves to be
re-elected if only for his achievements in making Shelby County
Jail a humane and constitutionally operated penal facility. Under
his watch, the prison gained state accreditation and dismissal from
federal court supervision.
His opponent, Reginald French is the most
dangerous non-judicial candidate. He is a sexual harasser,
perjurer, and unethical public official. Mr. French worked in Mayor
Herenton’s initial campaign in 1991 and was rewarded with the
position of Director of the Mayor’s Action Center in February 1992.
In 1997, he was appointed to interim director of the Division of
Public Services at a salary of $89,000 per year. On August 8, 1997,
his secretary, Ms. Mary F. Johnson, filed a sexual harassment
complaint against Mr. French alleging that he asked her for sex.
When she refused, she was terminated after she reported his
actions. Before a formal investigation could begin, Mr. French
resigned. Ms. Johnson was reinstated with back pay and a promotion.
In 2000 Mr. French bought a majority interest in
a computer consulting company for $100,000 (although he never paid
for it, it is the subject of a pending litigation in Chancery
Court) even though he had no computer experience. In a fax dated
October 29, 2002, from Carlee McCullough (see above) to Lillie
Alford of the Uniform Certification Agency, Ms. McCullough asked
for an expedited review of Reginald French’s company to classify it
as a minority business enterprise saying they had a contract on the
table and they needed the classification immediately to validate
the contract. Mr. French started receiving contracts through ACS
(the City’s information technology contractor) in July of 2003 and
has received approximately $1.5 million to date.
And Mr. French wore a wire for the FBI trying to
implicate Mayor Herenton in an illegal contract deal Mr. French was
trying to arrange with the former chief administrator for the Mayor
of Atlanta. He wore the wire after his contact gave Mr. French and
his wife funds to contribute to Mayor Herenton’s campaign.
At this time, Mr. French was appointed to the
Memphis Alcohol Commission, which he oversees the establishments
that serve alcoholic beverages. He has accepted $1,000 campaign
contributions from Ralph Lunati and Charles Westerland, the owners
of Platinum Plus and the former King of Clubs, respectively, the
two largest strip clubs in Memphis.
Reginald French is a political hack and
hopefully will be investigated by federal authorities.
11. District Attorney General:
Bill Gibbons is the current District Attorney
General and should be re-elected. He has made a special effort to
go out into the community and meet with citizens about crime
problems. He has worked with both mayors and the Sheriff and Police
Director to coordinate crime-fighting activities. And he is working
on a transition of old and new prosecutors to streamline the work
of his office.
His opponent, Gail O. Mathes, has serious
personal financial problems and a history of legal malpractice. She
filed for Chapter 11 bankruptcy on April 20, 2005. Although many of
her debts were joint debts with her ex-husband, she remains in
bankruptcy status.
In 1997, her insurance company paid $125,000 in
malpractice action against her. And in 2005, she was again sued for
malpractice where the plaintiff is seeking $190,000 in compensatory
damages and $250,000 in punitive damages.
I personally like Gail, but she needs to get her
personal and professional life together, and at this point in her
career she certainly should not be our chief prosecutor.
I suggest that each attorney receiving this
letter contact at least 10 friends, relatives, or clients and give
them your endorsements for the 19 contested judicial races and the
offices of Sheriff and District Attorney General. With a few
exceptions, my list is consistent with the Republican and
Democratic Party Judicial Endorsement Committee’s for the 19
contested races. Judicial races should not be partisan, and
hopefully by the next election the political parties can end
endorsements.
It is incumbent for the members of our
profession to get information about judicial candidates to the
public so they can make an educated choice.
Remember, early voting starts on July 14, 2006
and Election Day is August 3, 2006. It is a long ballot, so
encourage people to early vote and take their time.
Thank you Mr. Burch.
Very truly yours,
Richard B. Fields
SEE ALSO “Ladies’ Choice” for different perspectives on the election.