U.S. Sen. John Neely Kennedy had his 15 minutes late last week with his pointed questioning of federal court nominee Matthew Spencer Peterson. Well, actually, it was only five minutes because that’s how long senators are given to pose their questions to nominees during the confirmation process.
Be that as it may, Kennedy may yet end up with egg on his face over his support of a state court judge for his nomination to seat on the U.S. District Court for the Western District of Louisiana.
U.S. Sen. Bill Cassidy and 5th District U.S. Rep. Ralph Abraham may also be a little red-faced before this is finished.
By the time you read this, 5th Judicial District Court Judge Terry Doughty may already be confirmed for a lifetime position on the federal bench. That’s lifetime, as in once done, he’ll be there like he was affixed with Gorilla Glue.
And, to put it as gently as possible, Doughty may be almost is unqualified for such an important post (did I mention it was a lifetime position?) as the esteemed Federal Elections Commission Chairman Peterson, who, it turned out, fell on his face in answering the most basic of legal questions from Kennedy and subsequently was withdrawn for consideration by the Trump administration.
There are a multitude of reasons why Doughty should never have been nominated. Some of those reasons have to do with his legal skills, which are mediocre at best. Other factors involve some of his associates and some of the reason even goes back to a sweetheart deal the Jindal administration cooked up on behalf of a state vendor which in turn benefited the son of a former state legislator who just happened to be a Jindal supporter.
Doughty obtained his bachelor’s degree from Louisiana Tech in Ruston and his J.D. from LSU Law School. He has served as judge of the 5th JDC, which includes the parishes of Franklin, Richland, and West Carroll, since 2009. Prior to that, he practiced at the Rayville firm of Cotton, Bolton, Hoychick & Doughty.
Louisiana’s Western District Court, to which he has been nominated, includes courtrooms in Lafayette, Lake Charles, Alexandria, Monroe and Shreveport.
Abraham lobbied for Doughty but that support may have been rooted in litigation scheduled before Doughty in which a bank where Abraham’s son-in-law serves as a member of the bank’s board is being sued over the alleged breach of a crop loan agreement.
Cassidy and Kennedy AGREED with the nomination. Cassidy called Doughty “eminently qualified” in addressing members of the U.S. Senate Judiciary Committee in November. He said Doughty “will serve the United States District Court well. I recommend Judge Doughty to this committee without reservation.”
Kennedy said Doughty is “known in my state as a person with great intellect, good judgment, and fair. I recommend him unconditionally and unequivocally.”
That kind of unrestrained effusion has a way of coming back to bite you in the posterior.
So, let’s take a closer look at that lawsuit and Doughty’s “good judgment.”
In the matter of KT Farms of Waterproof filed suit against Citizens Progressive Bank of Columbia, claiming that the bank breached a crop loan agreement involving about $5 million. Also participating in the loan were Progressive’s parent company, Caldwell Bank & Trust and Commercial Capital Bank of Delhi.
KT Farms attorney Sedric Banks attempted to recuse Doughty as he had successfully done in another case in Richland Parish on the basis of Doughty’s business and personal relationships with a defendant in that case as well as with the defendant’s wife.
Banks also pointed out that Abraham’s son-in-law, Dustin Morris, is a member of the Citizens Progressive board and Abraham, who was pushing Doughty for the judgeship, is a minority shareholder in Commercial Capital Bank’s parent company. Moreover, through his recent marriage, Banks said, Doughty also has a family connection to Morris.
In an added wrinkle, Banks noted that the focus of the KT Farms lawsuit shifted in February when Doughty revealed his relationship with Delhi tax preparer David Stephens and his wife Michelle. David Stephens, it turns out, works for Delhi CPA Larry Pickett who just happens to be chairman of the Commercial Capital Bank board of directors.
The motion to recuse Doughty was heard by Doughty’s fellow 5th JDC Judge Stephens who signed the written reasons for denying Banks’ request. Those written reasons were penned by….Doughty.
Stephens, in his May 24 denial, attempted a little courtroom humor, making references to actor Kevin Bacon and the TV show Star Trek.
“Frankly, counsel’s connection sounds more like that old parlor game, ‘Six Degrees of Kevin Bacon,” Stephens said, perhaps pausing for the drummer’s rim shot. “Allegedly, Terry A. Doughty married Jan Toms (allegedly?), who was formerly married to Johnny Morris, now deceased. Johnny Morris had a cousin on his father’s side, namely Todd Morris. Todd had a son named Dustin Morris, a new board member of defendant Citizens Progressive Bank, who married Ashley Abraham, daughter of Ralph and Diane Abraham. Ralph and Diane bought stock on Commercial Capital Bank, a defendant in this lawsuit.
“And there you have it. Six Degress of Terry Doughty.
“…As First Officer Spock would say, ‘It is totally illogical.’”
Stephens’ rapier wit notwithstanding, the Louisiana Supreme Court in November reversed Stephens—and Doughty’s carefully written reasons for judgment—and REMOVED the case from the 5th JDC and appointed retired judge Anne Lennan Simon of New Iberia ad hoc judge to preside over the KT lawsuit.
Doughty and Stephens naturally retaliated by filing complaints against Banks with the Office of Disciplinary Council, requesting that Banks be suspended from the practice of law. So much for impartial judicial discretion. It says a little about class, too.
The Supreme Court, in making the Simon appointment, admonished both sides, but pointedly said that judges “should act with restraint and decorum in order to avoid creating an appearance of impropriety.”
The Second Circuit Court of Appeal had upheld Stephens, who was elected to that same Second Circuit in October. He defeated 4th JDC Judge Sharon Marchman, who in May 2016, filed a LAWSUIT against her fellow judges over what Marchman termed their alleged covering for a court clerk whose job attendance was brought into question by Marchman.
And when Stephens was inaugurated last month, who do you think administered the oath of office to him? None other than his old pal, Terry Doughty, that’s who. You have to admit, in these small rural parishes, it seems you bump into close associates—and adversaries—every time you turn around.
Oh, hell, you don’t have to travel to the remote parts of the state to encounter old friends who are more than happy to do you a favor—provided it also benefits them in the process. The tentacles of Baton Rouge politics extend throughout the state, touching virtually everyone’s life.
There is, it seems, something to that six degrees of separation theory, after all.
LouisianaVoice will have more about the common thread that creates the six degrees of Louisiana politics and how the same old familiar names keep popping up. And sometimes, when you peek through that keyhole, you can see how these backroom deals work to the distinct advantage of the privileged few.
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