Monday, January 2, 2012
Law Corporations eye court takeover
Posted by Max Brantley on Mon, Jan 2, 2012 at 6:59 AM
Doug Smith wrote about Brown's effort earlier for the Times.
What interested me about the D-G article was the emergence of Sen. Gilbert Baker as the spokesman of opposition to all Justice Brown proposes. If the article said why Baker was designated as sole spokesman, I missed it.
Could it be that Baker will become the paid figurehead when he's term-limited at the end of this year for a long-rumored organization in the making to take over Arkansas courts for corporate interests, as was done so thoroughly in, for example, Texas? Makes sense. He's been a corporate stooge on anti-union efforts in the past. We'll know in due course.
This is the money (and I do mean money) quote from Baker in the D-G article about Brown's idea of establishing some sort of watchdog agency against improper influence in judicial elections:
“The people don’t like the idea, and if judges want to be thrown out on their ear they will try to eliminate the people’s involvement and eliminate free speech,” he said. “ It’s constitutionally abhorrent, and they know that.”
Can you say Citizens United? The speech and "involvement" Baker wants to protect at all cost is not that of rank and file voters. It is that of corporations with unlimited amounts of money to spend to defeat judges who rule against their pocketbooks. The notion that Arkansas is home to runaway pro-plaintiff verdicts isn't borne out by the evidence. But the corporations prefer to lose none and that's pretty well the system they've purchased in Texas. Why not Arkansas, too? Generally, our state can be bought on the cheap. It's a wonder it hasn't happened already.
Make no mistake, the corporate moneybags don't want strict legal constructionists. They want corporate constructionists. Lawyer after prominent lawyer said the Arkansas Constitution prohibited the cap on punitive damages the Arkansas General Assembly legislated a few years ago. A Lonoke circuit judge — and then the Arkansas Supreme Court — said the Constitution means exactly what it says. For such conservative jurisprudence, Gilbert Baker and his corporate enablers want to throw the bums out.
On this day in 2013 remind me to ask about Gilbert Baker's new employer.
In fairness, I probably should add that, when you talk about "toxic" judicial campaigns it's hard to forget Justice Brown's slashing personal campaign to win a seat on the court against Judge Judith Rogers in 1990. Remember his TV commercials about her office redecoration?
Comments (17)
Showing 1-17 of 17
Yep, the whole ugly scheme is laid out in the excellent documentary "Hot Coffee". It's happened in Mississippi, too where state supreme court judge Oliver Diaz barely won re-election against a heavily corporate-funded opponent and then was denied the bench for nearly three years during a series of harassing federal lawsuits. He ultimately lost his next re-election bid due to the taint on his name. Author John Grisham has said his friends case was the inspiration for his novel "The Appeal".
like
dislike
When I read crap like this, DBI's dark clouds start to descend on me.
The attack has two prongs. There will be another attempt to rewrite the rulebook in the compliant General Assembly with "tort reform," which is essentially an attempt to improve corporate profits by making it free to cause harm, while at the same time there will be the ongoing attempt to buy the referees with multi-million-dollar judicial elections, as has already worked so well in other states.
Gilbert and his ilk are the flying monkey army of the Wicked Witch.
By the way, the photo caption says "voice against."
Gilbert as an "industry representative" or a lobbiest? As my state senator, this move doesn't surprise me but watch that he may act like a lobbiest, talk like a lobbiest and use his friendships on the floor as a lobbiest, but he won't register as one because that opens up what he is doing to financial inquiry. Maybe, if they pay enough (and the Koches have barrels of money), he can afford to go out and get his hair cut?
Why not solve this personhood bit once and for all. Just run ABC Corporation for a state senate seat. Do groups of individuals have rights?
I agree with couldn't be better on the haircut. Sec. of State Mark Martin and State Rep. David Sanders need to find a new barber or hair stylist too!
Child Support in Texas: When a wealthy Texan gets a divorce and becomes the noncustodial parent, it is my understanding that there is a ceiling on how much can be ordered for child support. In Arkansas, the chart is not terribly generous but there is some consideration that the child will live as he or she would have lived if the parents remained married, within reason. Under the Texas system, if a dad who makes $6 million annually ($500K a month) leaves his stay-at-home wife and their three pre-teen children, my understanding is that there is a low ceiling to what he can be ordered to pay. This judicial change movement is also about protection of children following a divorce.
Like watching a YouTube video of people in a tsunami, I don't think we have a clue what the Citizens United decision is going to do to this year's elections. The only way a tidal wave of money can be counteracted is by taking to the streets with clubs, knives, and guns and if that ever happens, Arkansas will be the 48th state to catch on fire...late as usual.
To better understand what's going on now, one only has to look back at the Reconstruction period after the Civil War. We're living in those times once again. The Gilbert Bakers of that day gained control at the close of the war and had a 10 year run of consolidating power and lining the pockets of their friends. Surprisingly, Arkansas had a 200 thousand dollar surplus in 1865. By 1875, after 10 years of Powell Clayton, Hadley and others Arkansas had a 15 million dollar deficit, a black cloud that hung over Arkansas for the next hundred years. Think of that when you vote for Beebe's replacement in 2014.
I guess we'll know our fate this November. If despite their horrible record the Republicans increase their hold on the White House, Congress, and in the states we'll know nothing short of Revolution will stop the Citizens United money.
Sadly, far too many American voters are like Pavlov's dogs and will vote the way Fox News tells them. An old old friend who will vote a straight Republican ticket announced her delight at turning 81 the day before New Years by saying the best part of 2012 is that she'll get an increase in her Social Security.....yet she still thinks Obama is a Muslim and only good things come from Republicans. Those are the kind of voters we must get to, though it's probably a lost cause already.
It ain't about Jesus, it ain't about ideology, it's about complete control no matter how its attained. Citizens United is the worst ruling since Dred Scott so watch out....our hooded Republicans are carrying rope and under those hoods, haircuts don't matter.
In 2008, pre Citizens United, I remember discussions on various lists of activists that we could not by air time because in the run up to the election television time slots were sold out!
So on that front the only thing we will likely see is a longer election season with Ads paid for by dawg knows who on the commercial side of the airwaves. Never expect corporate / main stream media to bite the hands which feed them, many a 1% pay rates.
We simply must enact sweeping political and electoral reforms far beyond elimination of Cit U. It's time to take a much larger bite of our corrupt ways as well as establishing much more direct democracy / representation.
Why focus on corruption of electing judges this way when we know the problem is systemic?
.
"Moyers: Why 'We The People' Must Triumph Over Corporate Power"
snip-
In its founding era, Alexander Hamilton created a financial system for our infant republic that mixed subsidies, tariffs, and a central bank to establish a viable economy and sound public credit. James Madison and Thomas Jefferson warned Americans to beware of the political ambitions of that system’s managerial class. Madison feared that the “spirit of speculation” would lead to “a government operating by corrupt influence, substituting the motive of private interest in place of public duty.” Jefferson hoped that “we shall crush in its birth the aristocracy of our monied corporations which dare already to challenge our government to a trial of strength and [to] bid defiance to the laws of our country.” Radical ideas? Class warfare? The voters didn’t think so. In 1800, they made Jefferson the third president and then reelected him, and in 1808 they put Madison in the White House for the next eight years.
Andrew Jackson, the overwhelming people’s choice of 1828, vetoed the rechartering of the Second Bank of the United States in the summer of 1832. Twenty percent of its stock was government-owned; the rest was held by private investors, some of them foreigners and all of them wealthy. Jackson argued that the bank’s official connections and size gave it unfair advantages over local competition. In his veto message, he said: “[This act] seems to be predicated on the erroneous idea that the present stockholders have a prescriptive right not only to the favor but to the bounty of Government. ... It is to be regretted that the rich and powerful too often bend the acts of government to their selfish purposes.” Four months later, Jackson was easily reelected in a decisive victory over plutocracy.
http://www.alternet.org/story/153349/moyer…
Gilbert Baker is an evil man. There is no other way about it. The only other "out" he has for such nefarious protection of money is an extremely low IQ, but I'm sure his is higher than 80. My most Republican colleagues at work agree that one of our most pressing infringements upon democracy is the Citizens United ruling.
All of these reports send icy blood coursing through my veins.
Gilbert Baker is smart, intelligent, and insane. He and his ilk are always the most dangerous.
If our nation is to survive into the next 100 years, it may well take a street revolution to take it back from the vile and vicious money-loving slugs who have taken it over. Are you ready to help?
The concept of limiting God-given unalienable rights to human beings is just so 17th century.
In the modern world, we must ask ourselves what government offices would benefit the most from replacing people with corporations or special interest groups.
For example, the NRA would do a fine job as governor. Chesapeake and other gas companies should fill at least 10, if not 20, state senator positions. Perhaps the Chamber of Commerce as mayor of Little Rock.
Our state treasurer would be, of course, the Tea Party, in order to streamline the reimbursement of non-existent legislator expenses and the redistribution of our tax dollars to Christian evangelism corporations.
Make no mistake, there will be no Revolution in the sense of olden times.
The powers that be have limited where and how protests and airing of grievances may be conducted.
Now that our Government has essentially castrated the protester, this leaves the only obvious venue - protest via checkbook, and we all know who that favors.
Violent outbursts will not be tolerated in the Police State that we have allowed (or perhaps endorsed) to be created.
As the Star Trek series would say - Resistance is futile.
Max, will you please provide more detail on "Justice Brown's slashing personal campaign" in 1990? I was too young then to follow judicial races, so I have no recollection of it. I'm interested in how our paragon of judicial virtue behaved before he obtained his quasi-permanent seat on the Court.
More by Author
-
Chris Christie's corporate welfare wagon
Arkansas business leaders would L-O-V-E love New Jersey Gov. Chris Christie. He's lavished hundreds of millions of dollars in corporate welfare — handouts of tax money and tax breaks — to private companies for putative economic development, often merely moves from one location in New Jersey to another.
- Apr 5, 2012
-
Hog football moves to BIIIIIGGG screen
The Razorback football team is getting a $4.6 million new video screen (and related sign upgrades) for Razorback stadium, described as "one of the biggest in college football."
- May 21, 2012
- More »
Event Calendar
-
Re: Hurst fined again by bar committee for late filing
Hahaha. Partisanship invalidates opinions? This, coming from folks that are actually talking about supporting Q…
- on May 25, 2012
-
Re: Two LR cops busted in federal marijuana sting
Of course you're right, MarcKyle 1964. Yet, as I responded to my new friend Verla…
- on May 25, 2012
-
Re: Riverfest eve open line UPDATE
dbi--True, but sad. When I paid $190. for a year of the D-G, it hurt…
- on May 25, 2012
Top Commenters
Blogroll
Slideshows
-
Police close the Occupy Little Rock camp, perhaps the last Occupy encampment on public land.
Site Index
News
Cover Story / Arkansas Reporter / The Week That Was / Smart Talk / The Insider / The Observer / Editorial / Max Brantley / Ernest Dumas / Gene Lyons / Bob Lancaster / Words / Guest Writer / Letters
Entertainment
A&E Feature / To-Do List / In Brief / Movie Reviews / Music Reviews / Theater Reviews / A&E News / Art Notes / Graham Gordy / Books / Media / Dining Reviews / Dining Guide / What's Cookin' / Calendar / The Televisionist / Movie Listings / Gallery Listings
This Week's Cover
Quick Links
Special Publications
RSS
Facebook
Twitter
