Are Trial Lawyers buying off the MT Supreme Court?
The Montana Main Street blog recently expressed concerns over developments in the Montana Supreme Court over worker's compensation insurance. In a nutshell, two justices, Patricia Cotter and Jim Nelson, make it very clear in a May opinion in Brady v. PPL that they believe the current worker's compensation law to be unconstitutional. The impacts of overturning this law would be devastating to Montana, as Montana Main Street goes on to explain--the part they left out is the apparent inappropriate influence occurring in court decisions.
The trial lawyer representing Brady in this case is Billings attorney Cliff Edwards. According to public documents obtained from the Montana Commissioner of Political Practices, in 2004, Edwards contributed a total of $50,000 to a political action committee funded entirely by trial lawyers. That committee contributed a total of $328,171 to Justice Jim Nelson's re-election campaign. In essence, Cliff Edwards found a legal way to circumvent campaign finance laws to contribute $50,000 to Jim Nelson (at that time the legal amount an individual could contribute to a supreme court candidate was $250.) It may be legal, but it sure ain't ethical.
Some could make the argument that Nelson was oblivious to this $50,000 contribution because it was made indirectly. However, the 2005 legislature considered legislation (killed by Democrats on a party-line vote) to address big-money influence over the Supreme Court. The publicity that bill received would have made it virtually impossible for Nelson to remain oblivious to Edwards' $50,000 contribution.
Campaign finance laws are intended to prevent "corruption or the appearance of corruption." Edwards and Nelson so cavalierly ignoring even the spirit of the law should be shocking to all Montanans. At the very least, Nelson should recuse himself from cases involving Edwards or any other attorneys complicit in funding the $325k expenditure on behalf of Nelson in 2004. Simple ethics dictate as much.
Carter
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And how much money did the US Chamber and associated groups funnel to Nelson's opponent Cindy Younkin?
Lamindae:
Please explain why the "US Chamber of any associated groups" have absolutely anything to do with what we're talking about here? Typcial tactic of the guilty: try to deflect blame for wrongdoing onto someone else.
For the record, the US Chamber did not funnel any money to Cindy Younkin. In fact, the US Chamber has never had a PAC in Montana, at least not for the last 10 years of records I went through. The Montana Chamber of Commerce does have a PAC-but that committee was formed this year.
As for the "affiliated groups" (and by that you must mean groups who represent job providers in Montana) a PAC to support Cindy Younkin was formed called Montanas for Justice, and it raised exactly $39,850 to support her campaign--roughly 1/10 of what the trial lawyers spent. Of that, $12,000 came from other business PACs and the rest was raised from private contributors. Not exactly the big money, corporate influence you were looking for, is it?
Nice try, Lemnidae, but as Max Baucus would say, don't bring a knife to a gunfight.
The Court is bought and paid for by big trial lawyers. Is it a mystery to anyone why only liberals run for the Supreme Court? Patricia Cotter, a liberal activist who has destroyed black letter law on a number of important issues during her 8 year term, is unopposed. Is it because everyone loves her? NO. It is because she is in the Trial Lawyers' pocket, and they will spend whatever it takes to keep her in office.
This issue is a sleeping giant of Montana politics and business. I wouldn't be surprised if this group of black-robed elitists invalidated a tort reform law on Constitutionality grounds. They tolerate Jim Nelson and John Warner because they are a small minority who don't threaten them.
Lemonhead, say what you want about the Chamber. The liberal trial lawyers own this branch of government the way LeBron James owns the paint against the Greeks - "Don't bring that weak stuff into my neighborhood, punk!" And why and how do they own it? Because Cliff Edwards and his big money trial lawyer buddies bankroll the candidacies of their liberal buddies running for the court. They fund them directly, and then they dump in tons and tons of money on independent expenditures.
And what do they get for their investment? They get liberal activists justices who will make decisions that beat the snot out of business and bring in millions for trial lawyers and victims. THIS IS NOT ABOUT JUSTICE. THIS IS ABOUT MONEY FOR THEM, MORE MONEY THAN NORMAL PEOPLE WILL EVER SEE.
We must pass some legislation to require judges to recuse themselves from any case where the lawyer appearing has contributed funds, directly or indirectly, to his or her campaign.
Correction on my last post: They tolerate Jim Rice and John Warner as conservatives because they are a small and unthreatening minority.
Jim Nelson is the biggest problem on the Court since the departure of TNT.