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Sun-Herald (MS)Suit between ex-judge, ex-U.S. Attorney goes publicBy ANITA LEE
Two former Mississippi Supreme Court judges are pitted against the former U.S. attorney and his wealthy cousin in a secret state court dispute that has been opened to the public in federal court.
Businessman Leslie Lampton filed a lawsuit against former Supreme Court Justice Oliver Diaz Jr. and his wife, Jennifer, asking for immunity from litigation the Diazes threatened to file against him as a former member of the Mississippi Judicial Performance Commission. Lampton’s lawsuit was filed in Madison County Circuit Court.
Jennifer Diaz countersued. She is seeking unspecified damages from Leslie Lampton, former U.S. Attorney Dunn Lampton and Judicial Performance Commission lawyer Darlene Ballard. Jennifer Diaz maintains Dunn and Leslie Lampton conspired to instigate a commission investigation against her husband, abusing their authority and invading her privacy. She seeks unspecified damages as compensation and punishment.
The Diazes say that Dunn Lampton turned over their confidential tax and banking records to the commission after Oliver Diaz was acquitted in a judicial bribery case Lampton’s office prosecuted. The Diazes’ attorney, former Supreme Court Justice Chuck McRae, said Lampton’s disclosure of the records violated federal law, as did review of the confidential records by Leslie Lampton and the commission. Because he was a federal officer, Dunn Lampton successfully fought to move the case to federal court. Lampton also sought to have the federal case sealed from public view. Magistrate Judge James C. Sumner unsealed the case this week, ruling that Lampton’s arguments failed to overcome “the strong presumption of public access to court files.”
Conflict between the Diazes and Lampton dates to 2003, when he indicted them on judicial bribery charges. The indictment contended Diaz accepted bribes from Biloxi attorney Paul Minor in exchange for favorable treatment before the Supreme Court. However, Diaz did not rule on any of Minor’s cases. Prosecutors also indicted the Diazes on tax charges. Jennifer Diaz pleaded guilty to avoid prosecution in the judicial bribery case.
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