Mike Randolph
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Mike Randolph (b. 1946) is an Associate Justice of the Mississippi Supreme Court. Justice Randolph is married to Kathy Webb Randolph, formerly of Ocean Springs. He has three children and three grandchildren.[1]
Legal Education and Experience
Legal Education
Judge Randolph graduated from Rollins College in Winter Park, Fla., with a B.S. degree in business administration in 1972. He earned his Juris doctorate from the University of Mississippi School of Law in 1974, where he served as president of the Law School Student Body.[2]
Legal Experience
Justice Randolph has practiced law since 1975, first in Biloxi with the firm of Ross, King and Randolph, then with the firm of Bryan, Nelson, Allen and Schroder in Pascagoula, Biloxi and Gulfport. He opened the Hattiesburg office of Bryan, Nelson, Allen and Schroder in 1976. He practiced law in Hattiesburg with Bryan Nelson Randolph, PA. until his appointment to the Supreme Court. Judge Randolph serves in District 2, Place 3, and was appointed to this position by Gov. Haley Barbour on April 23, 2004 to serve the unexpired term of former Chief Justice Edwin Pittman. Subsequently, Randolph was elected to the court for an eight-year term commencing in 2005. His opponent was Joe Lee.[3]
Military Experience
Randolph was decorated for heroism in Vietnam. He served as an air traffic controller with the U.S. Army 1st Infantry Division, known as the Big Red One. He was honorably discharged in 1967. During law school he joined the U.S. Naval Reserve. He attended the Naval Justice School in Newport, Rhode Island. He served as an attorney with the Judge Advocate General Corps. He was honorably discharged in 1975.[4]
Awards and Associations
He has supported Christian Services Inc., United Way, the Salvation Army, Hattiesburg Boys and Girls Club, Mississippi Children's Home Society, Baptist Children's Village, Home of Grace, the University of Mississippi, the University of Southern Mississippi and William Carey College. He served as president of the South Central Mississippi Bar Association in 1986 and served on the Mississippi Bar Committee on Continuing Legal Education 1975-76.
He is a member of the American Bar Association, the Bar Association of the Fifth Federal Circuit, and the South Central Mississippi Bar Association.[5]
Political Affiliation and Campaign Contributions
In a 2004 interview, Justice Randolph said, "The most pressing issue is to return to the doctrine stare decisis (To stand by that which is decided.) which affords the public, attorneys, and litigants predictability. The courts should adjudicate, not legislate. Another special issue to our Supreme Court is to restore its rightful heritage of integrity, honor, trust; and to eliminate the perception of unequal or preferential treatment to special interest groups. The present composition of this Court is civil and cordial. All people will receive fair and impartial treatment without favoritism to anyone."
In the 2004 election, Randolph raised $585,917. Over 25% of the total contributions were from Lawyers and Lobbyists with $151,070 given. The next largest contributor by economic interest was Health with $135,595, or 23.14%, and the third largest contributor by interest was Finance, Insurance, and Real Estate, with $76,850, or 13.12%.[6]
Notable Rulings
Stewart v. Prudential decision
On Oct. 2, 2007 the Mississippi Supreme Court overturned, with a 7-2 decision in Prudential v. Stewart (2007), a Hinds County Circuit Court jury award of $36.4 million against Prudential Insurance. In a dissenting opinion, Justices James Graves and Oliver Diaz said that the case had been decided properly by the jury that heard the case.
The case involved Dr. Edsel Stewart, a McComb physician, who purchased a $1 million life insurance policy from Prudential and wrote out a check for $20,000 to the insurance broker. Stewart had a stroke the following day, slipped into a coma, and died about a month later. When his family attempted to collect on the insurance, Prudential refused to honor the policy. It was Prudential’s position that the policy was never commenced, as there was a "counteroffer" policy prepared, which was never delivered or signed. A Hinds County jury ruled in the Stewarts’ favor, adding more than $35 million in punitive damages.
Journalists were quick to point out that Justice Jess Dickinson, who voted to reverse the $35 million against Prudential, took more than $1 million in 2002 from various insurance companies, physicians and lawyers, including the law firm that represented Prudential. Likewise, Presiding Justice William Waller, who also voted for Prudential, took in $357,799 during 2004 from lawyers, physicians and insurance companies, as did Chief Justice James Smith ($316,077), Justice Mike Randolph ($585,417) and Justice George Carlson ($276,275).[7]
However, several facts from the case reveal these donations to be an obvious post hoc ergo propter hoc error. First, Dr. Stewart's son Larry failed to disclose that his father 1) had a stroke and 2) had fallen into a coma during the period between 9/1/99 (when Dr. Stewart's coma occurred) and when the "counteroffer" policy was completed on 9/17/99 - despite numerous conversations with the broker. Second, contract law dictates that for a valid contract to exist there must be offer, acceptance, and consideration. The "counteroffer" policy (underwritten, notably, absent the material change information withheld by the doctor's son) offered to Dr. Stewart at a slightly higher premium was never accepted because 1) he was in a coma and 2) the policy was never physically delivered for signatures, i.e., never accepted. At trial, Larry Stewart even testified that he "understood that after the issuance of the policy, there was a process for acceptance, which included delivery, to be completed before the policy would be effective."
For the full text of the case, see this link.
Should Randolph have recused?
Mississippi Supreme Court justice, Mike Randolph says he did nothing wrong when he recently joined in a court ruling in favor of a bank in which he owns stock. He sided with the 6-1 majority June 12 when the court reduced a $1.7 million judgment against BancorpSouth Bank to $74,000 plus interest. Randolph says he didn’t recuse himself from the case because he owns a minimal amount of stock and the Code of Judicial Conduct doesn’t require judges to step down in such cases.
Randolph resigned from the BancorpSouth board in Hattiesburg when he came to the bench in 2004. He shared paperwork with The Clarion-Ledger newspaper in Jackson showing he owns 372 shares of bank stock, valued at $8,947 in April. He said there are more than 82 million public shares in circulation. Randolph said neither party appeared concerned about the potential conflict and neither asked him to recuse himself. He believes the amount of stock he owns is so minimal it doesn’t constitute a conflict. “A dishonest judge can be purchased for a pint of whiskey,” he said. “A $5,000 contribution will not turn an honest judge’s head.” The code calls for judges to disqualify themselves in cases where “their impartiality might be questioned by a reasonable person knowing all the circumstances.” The code also suggests a judge step down in a case where a financial interest “could be substantially affected by the outcome.”
When the Supreme Court ruled, Justice Oliver Diaz wrote the decision in which the high court reduced the judgment. The justices ruled the bank could not be held responsible for an “honest mistake.”
See Also
External links
- Bio on Mississippi Supreme Court website
- Announcement of Randolph's swearing-in
- Shifting political landscape?
- Interview in 2004
- Background article on Randolphs
- NNBD.com
- Magnolia Report: Mike Randolph
- 2004 Judicial election
- Justice Court task force will seek citizens’ opinions
- The Daily Mississippian
- Follow the Money: Mike Randolph
