Oliver E. Diaz Jr.

Last updated

Oliver E. Diaz Jr. (born December 16, 1959) [1] is a former Presiding Justice on the Supreme Court of Mississippi representing District 2 Place 2. In 2008, he was defeated by Randy "Bubba" Pierce. [2]

Contents

Early years

Diaz graduated from Notre Dame High School in 1977 and received a Bachelor of Arts degree from the University of South Alabama in 1982. In 1985, he graduated from the University of Mississippi School of Law, and in 2004, he received an LLM from the University of Virginia School of Law. [3]

Career

Diaz practiced law on the Gulf Coast. He served in the Mississippi House of Representatives from District 116 representing Biloxi and D'Iberville for seven years from 1988 to 1994. During his tenure in the Legislature, he was a subcommittee Chairman for the Insurance Committee and for the Judiciary Committee. He was on the Ways and Means Committee and was Secretary for the Constitution Committee. He also served as City Attorney for the City of D'Iberville for four years. Justice Diaz was elected to the Court of Appeals in November 1994 and served in that position until March 2000, at which time he was appointed to the Supreme Court by Governor Ronnie Musgrove. In 2000, he was elected to the Supreme Court for an eight-year term beginning January 2001. Diaz lost his bid for re-election in 2008 to judge Randy "Bubba" Pierce.

Bribery and tax evasion charges

After two years on the bench Diaz was indicted in 2003 on bribery and tax fraud charges, which he considers to be politically motivated. This was related to a case against Mississippi trial attorney Paul Minor. US District Attorney Dunnican "Dunn" Lampton, head of the US Southern District of Mississippi, prosecuted the case against Diaz allegedly at the behest of Republicans during the George W. Bush dismissal of U.S. attorneys controversy. [4]

In 2005, he was acquitted of bribery charges for steering thousands of dollars from trial lawyers into his 2000 campaign. Less than a week after his acquittal on the bribery charges, the Department of Justice, with prosecuting attorney Lampton at the helm, unsealed and charged Diaz with tax evasion.

In 2006, Diaz was acquitted of the charges of tax evasion although his, wife, Jennifer pleaded guilty and received two years ofg probation. [5] At the commencement of the criminal trial, Lampton filed a complaint with the Mississippi Commission on Judicial Performance. Leslie Lampton, a relative of Dunn Lampton, sat on the commission during the filing. The commission dismissed the complaint. [6]

The criminal charges subsequently kept Diaz off the bench during much of his term. It has been speculated the charges were politically motivated to aid the Republican candidate in the upcoming elections. That speculation was a topic discussed in detail in the documentary film Hot Coffee .

John Grisham has cited the bribery and tax evasion charges against Diaz as inspiration for his novel The Appeal . [7]

Lawsuit against Dunn Lampton and Leslie Lampton

Currently Oliver Diaz and his wife Jennifer have filed a lawsuit against Dunn Lampton and Leslie Lampton that they violated several laws when he provided the Diaz's tax records to the Mississippi Commission on Judicial Performance. The case is still pending. [8]

Appearance in Hot Coffee

Oliver Diaz's career as a Supreme Court Justice for the State of Mississippi was the subject of one of the 4 cases discussed in the documentary film Hot Coffee . In particular the documentary focused on how the U.S. Chambers of Commerce funded campaigns against Diaz because of his resistance to tort reform.

Personal life

Diaz is Roman Catholic. He is married to the former Jennifer Oestreich and is the father of two children. [9]

Related Research Articles

Disbarment, also known as striking off, is the removal of a lawyer from a bar association or the practice of law, thus revoking their law license or admission to practice law. Disbarment is usually a punishment for unethical or criminal conduct but may also be imposed for incompetence or incapacity. Procedures vary depending on the law society; temporary disbarment may be called suspension.

<span class="mw-page-title-main">Racketeer Influenced and Corrupt Organizations Act</span> US federal law

The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization.

<span class="mw-page-title-main">Theodore Olson</span> American lawyer

Theodore Bevry Olson is an American lawyer who served as the 42nd solicitor general of the United States from 2001 until 2004. Previously, Olson served as the United States Assistant Attorney General of the Office of Legal Counsel (1981–1984) under President Ronald Reagan. He remains a practicing attorney at the law firm of Gibson, Dunn & Crutcher.

<span class="mw-page-title-main">New Hampshire Supreme Court</span> Highest court in the U.S. state of New Hampshire

The New Hampshire Supreme Court is the supreme court of the U.S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. The Court is composed of a Chief Justice and four Associate Justices appointed by the Governor and Executive Council to serve during "good behavior" until retirement or the age of seventy. The senior member of the Court is able to specially assign lower-court judges, as well as retired justices, to fill vacancies on the Court.

<span class="mw-page-title-main">Harry E. Claiborne</span> American judge (1917–2004)

Harry Eugene Claiborne was a United States district judge of the United States District Court for the District of Nevada from 1978 until his impeachment and removal in 1986. Appointed by President Jimmy Carter in 1978, Claiborne was only the fifth person in United States history to be removed from office through impeachment by the United States Congress and the first since Halsted Ritter in 1936.

The U.S. attorney for the District of New Jersey is the chief federal law enforcement officer in New Jersey. On December 16, 2021, Philip R. Sellinger was sworn in as U.S. Attorney. The U.S. District Court for the District of New Jersey has jurisdiction over all cases prosecuted by the U.S. attorney.

Webster Lee "Webb" Hubbell is a former United States Associate Attorney General from 1993 to 1994 who as part of the Whitewater controversy pled guilty to one count of wire fraud and one count of failing to disclose a conflict of interest, and was sentenced to 21 months in prison.

<span class="mw-page-title-main">Indiana Supreme Court</span> Highest court in the U.S. state of Indiana

The Indiana Supreme Court, established by Article 7 of the Indiana Constitution, is the highest judicial authority in the state of Indiana. Located in Indianapolis, the Court's chambers are in the north wing of the Indiana Statehouse.

<span class="mw-page-title-main">Bill Campbell (mayor)</span> American politician, mayor of Atlanta, Georgia

William Craig Campbell is an American politician, who served as the 57th Mayor of Atlanta, Georgia from January 1994–January 2002. He was the third African-American mayor in the city's history. Accused of corruption during his time in office, he was convicted for tax evasion in 2006 and spent 16 months in federal prison.

<span class="mw-page-title-main">Drew Edmondson</span> American lawyer

William Andrew Edmondson is an American lawyer and politician from the state of Oklahoma. A member of the Democratic Party, Edmondson served as the 16th Attorney General of Oklahoma from 1995 to 2011. Prior to his election as state attorney general, he served as district attorney for Muskogee County, Oklahoma, from 1983 to 1992. He was defeated twice in campaigns for U.S. Congress in Oklahoma's 2nd congressional district, where his father Ed Edmondson served from 1953 to 1973.

<span class="mw-page-title-main">Richard Scruggs</span> American lawyer

Richard F. "Dickie" Scruggs is an American former naval aviator and disbarred trial lawyer. He is the brother-in-law of former U.S. Senate Majority Leader Trent Lott. Scruggs first came to the public eye after successfully suing the asbestos industry on behalf of ill shipyard workers. He later represented the state of Mississippi in the tobacco litigation of the 1990s. He also represented hundreds of homeowners in lawsuits against insurance companies following Hurricane Katrina, and a national class action of patients against HMOs in the early 2000s.

Michael "Mickey" Sherman is a Connecticut-based American criminal defense attorney. He is known for his representation of Michael Skakel. Sherman's client was found guilty. In October 2013, a judge ordered a retrial for Skakel, citing Sherman's "glaring ineffectiveness"; the State appealed to the Connecticut Supreme Court, which reinstated the conviction on December 30, 2016, as reported by the New York Times on December 31, 2016. On May, 4, 2018, the conviction was overturned by the Connecticut Supreme Court.

<span class="mw-page-title-main">James Ford Seale</span> American Ku Klux Klan member and convict

James Ford Seale was a Ku Klux Klan member charged by the U.S. Justice Department on January 24, 2007, and subsequently convicted on June 14, 2007, for the May 1964 kidnapping and murder of Henry Hezekiah Dee and Charles Eddie Moore, two African-American young men in Meadville, Mississippi. At the time of his arrest, Seale worked at a lumber plant in Roxie, Mississippi. He also worked as a crop duster and was a police officer in Louisiana briefly in the 1970s. He was a member of the militant Klan organization known as the Silver Dollar Group, whose members were identified with a silver dollar; occasionally minted the year of the member's birth.

Stephen Gerard Larson is a former United States district judge of the United States District Court for the Central District of California and a partner in the Los Angeles law firm of Larson LLP, which he co-founded in 2016 as Larson O'Brien LLP. He consistently ranks among the top litigators in the U.S., having been recognized by The Best Lawyers in America© for his work in Commercial Litigation and Criminal Defense: White-Collar since 2015.

<span class="mw-page-title-main">Mark Ciavarella</span> American convicted felon, former judge

Mark Arthur Ciavarella Jr. is an American convicted felon and former President Judge of the Luzerne County Court of Common Pleas in Wilkes-Barre, Pennsylvania, who was involved, along with fellow judge Michael Conahan, in the "Kids for cash" scandal in 2008, for which he was sentenced to 28 years in federal prison in 2011.

<span class="mw-page-title-main">Kids for cash scandal</span> Judicial kickbacks case in Pennsylvania

The kids for cash scandal centered on judicial kickbacks to two judges at the Luzerne County Court of Common Pleas in Wilkes-Barre, Pennsylvania, US. In 2008, judges Michael Conahan and Mark Ciavarella were convicted of accepting money in return for imposing harsh adjudications on juveniles to increase occupancy at a private prison operated by PA Child Care.

<i>Hot Coffee</i> (film) 2011 American film

Hot Coffee is a 2011 documentary film that analyzes and discusses the impact of tort reform on the United States judicial system. It is directed by Susan Saladoff, who has practiced as a medical malpractice attorney for at least 26 years. The film premiered at the 2011 Sundance Film Festival on January 24, 2011, and later aired on HBO on June 27, 2011, as a part of HBO films documentary summer series. The title is derived from the Liebeck v. McDonald's Restaurants lawsuit, in which the plaintiff Liebeck was severely burned after spilling into her lap hot coffee purchased from a McDonald's.

United States v. Sullivan, 274 U.S. 259 (1927), is a United States Supreme Court case that allowed prosecution of criminals for income tax evasion notwithstanding the Fifth Amendment.

<span class="mw-page-title-main">Nagananda Kodituwakku</span> Attorney-at-law (b. 1954)

Nagananda Kodituwakku is an attorney-at-law, public interest litigation activist and also a 2019 Presidential Candidate. Having held the office of the Head of Revenue Task Force in the Sri Lanka Customs Administration, Kodituwakku emigrated to the United Kingdom with his family following life-threatening circumstances in 2001. Since his return to Sri Lanka in 2009, he has played a key role in public interest litigation.

<span class="mw-page-title-main">Damian Williams (lawyer)</span> American lawyer (born 1980)

Andre Damian Williams Jr. is an American lawyer who is the United States attorney for the Southern District of New York. He is the first black U.S. attorney for the Southern District of New York. He has been involved in the prosecution of numerous high-profile individuals, including Ghislaine Maxwell, Sam Bankman-Fried, Diddy, and Bob Menendez.

References

  1. Who's Who in American Law, 2005-2006. Marquis Who's Who. 2005. p. 264.
  2. "2008 US Presidential Election Results - Mississippi". USA Today . November 5, 2008. Retrieved January 26, 2011.
  3. "Sitting Judges with UVA Law Degrees" (PDF). University of Virginia School of Law. Archived from the original (PDF) on June 3, 2010. Retrieved January 26, 2011.
  4. "Convicted Judge Whitfield Appeals to 5th Circuit", Jackson Free Press, 24 July 2009
  5. Horton, Scott (2007-09-18). "Justice in Mississippi". Harpers Magazine. Retrieved 1 August 2011.
  6. "Diaz Found Not-Guilty of Tax Evasion" . Retrieved 1 August 2011.
  7. Doroshow, Joanne. "Watch Hot Coffee, a Powerful New Film on HBO June 27". Huffington Post. Retrieved 1 August 2011.
  8. Diaz v. Lampton(IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUITApril 18, 2011)("The denial of Lampton’s motion to dismiss the Diazes’ § 1983 claim is AFFIRMED."), Text .[ dead link ]
  9. "About Justice Oliver Diaz". justiceoliverdiaz.com. Archived from the original on 2016-07-14. Retrieved 2009-02-06.