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money & justice - the tort reform debate
7/23/02
Section A, Page 5


McRae a lightning rod for business groups

Supreme Court justice's re-election campaign is drawing considerable interest on both sides of tort reform.

BY BOBBY HARRISON

Daily Journal Jackson Bureau

JACKSON - Charles "Chuck'' McRae gets more publicity than the average Mississippi judge.

But not all the publicity that McRae, a member of the Mississippi Supreme Court, receives is positive. McRae might be best known for his efforts to fight a 1995 driving under the influence charge that led to Reader's Digest labeling him one of America's worst judges and then-Gov. Kirk Fordice calling on him to resign.

The colorful McRae also is known for his fondness for motorcycles, including once posing in a vest without a shirt, and in leather pants and gloves on his motorcycle outside of the Capitol, and for his enjoyment of adventure, such as running with the bulls in Pamplona, Spain, and mountain climbing.

But perhaps more important than the drunk driving charge and all of the other episodes is that McRae has become the judge the business community loves to hate. As a member of the Supreme Court, he has written some of the majority decisions that business groups claim have resulted in a civil justice system that does not give them a fair break.

McRae, from Pascagoula, will be running for re-election this November in the Southern Supreme Court District in what many think will be the most expensive and explosive judicial election in the state's history.

"We believe McRae is the most pro-plaintiff justice on the Supreme Court,'' Jerry McBride, president of the Mississippi Manufacturers Association, said recently. In a 2001 interview with the Associated Press, McBride called McRae the most "anti-business judge on the court.''

McRae declined a request for an interview for this story.

While McRae represents the Southern District on the nine-member Supreme Court and will be voted on by people of that district, his election is drawing statewide interest.

One of his opponents, Gulfport attorney Jess Dickinson, recently traveled to Jackson, which is in the Central District, to announce his candidacy, and he has visited Tupelo to solicit campaign support. Several statewide business leaders attended the Jackson news conference.

Chancery Judge Larry Buffington of Collins also is running for the post currently held by McRae.

While McRae is opposed by many in the business community, Dickinson said he does not consider himself the candidate of any group.

"I have handled many plaintiff cases,'' Dickinson said. "I had two lawsuits against banks. I don't have anything against plaintiffs' attorneys.''

But McRae is past president of the Mississippi Trial Lawyers Association. His daughter is married to Shane Langston of Jackson, a Booneville native who served last year as president of the MTLA.

McRae was elected to the Supreme Court in a special election in 1990 and re-elected in 1994. While his post is up for re-election again this year, his term will not end until January 2004.

If he wins re-election, it is expected that he would become chief justice before his new eight-year term expires. The most senior member of the court serves as chief justice. Most believe Chief Justice Edwin Pittman is nearing retirement.

David Baria of Jackson, president of the Mississippi Trial Lawyers Association, said if average people had a problem with McRae it is "something other than his rulings.'' He said he should be judged and voted on based on his abilities as a member of the Supreme Court and not because of other episodes in his life.






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