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    IN THE SUPREME COURT OF MISSISSIPPI

    CASE NO. No. 2013-IA-00181

    VICKSBURG HEALTHCARE, LLC d/b/a

    RIVER REGION HEALTH SYSTEM APPELLANT

    VS.

    CLARA DEES APPELLEE

    UNOFFICIAL TRANSCRIPT OF THE SHOW CAUSE HEARING

    SCHEDULED FOR 04/30/2014 at 1:30 p.m.

    Notes:This unofficial transcript was prepared by the staff of Varner Parker and Sessums, PA

    Mr. Winfield arrived at 2:04 and asked for a pen and paper.

    2:09 p.m. Court is in session

    APPEARANCES:

    PRESIDING JUSTICE MICHAEL K. RANDOLPHASSOCIATE JUSTICE LESLIE D. KINGASSOCIATE JUSTICE JAMES W. KITCHENS

    MICHAEL E. WINFIELD, ESQUIRE

    Attorney for Appellee

    CLIFFORD C. WHITNEY, ESQUIREAttorney for Appellant

    Presiding Justice Michael K. Randolph: I think the first matter that we need to address1before we go to the actual show cause hearing, is that the hearing was scheduled for 1:302today and it looks like it is about 2:08 and Mr. Winfield you just appeared. Is that3correct?4

    5 Michael E. Winfield:Yes, Your Honor.67

    Presiding Justice Michael K. Randolph: My fellow Justices and I want to hear from you8as to why, when you have been ordered to appear in the Supreme Court in the State of9Mississippi at 1:30 that youre not here. Or wasnt here at that time. So lets talk about10that first.11

    12

    Exhibit "A"-Filed Document May 19 2014 15:36:57 2013-IA-00181-SCT Pages: 30

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    Michael E. Winfield: Yes, sir. I had two matters this morning in Vicksburg. One before1the Circuit Court and one before the Chancery Court and then I was called upon to be in2Canton at the school district with a teacher there. I came directly here therefrom.3

    4Associate Justice Leslie D. King: You had a matter in Circuit Court and a matter in5

    Chancery in Vicksburg..67

    Michael E. Michael E. Winfield:In Warren County, yes sir.89

    Associate Justice Leslie D. King:Okay. What time did you conclude those matters?1011

    Michael E. Winfield:I would say about 11:30, 12:00 somewhere around there.1213

    Associate Justice Leslie D. King: And then you said you were called for a matter14regarding a teacher in Canton?15

    16Michael E. Winfield:Yes sir.17

    18Associate Justice Leslie D. King:Was that something previously scheduled?19

    20Michael E. Winfield:No. This was something she was advised of today.21

    22Associate Justice Leslie D. King:Was this an emergency matter?23

    24Michael E. Winfield:Yes, sir as it pertains to her it was. It was dealing with her tenure25

    with the school district. She was not given prior notice. It is something that has been26 ongoing, but no notice was given that she needed to appear before the Superintendent27until I got the call today.28

    29Associate Justice Leslie D. King:This was a scheduled hearing?30

    31Michael E. Winfield: It was not scheduled.32

    33Associate Justice Leslie D. King:And this individual that you were representing had no34prior notice of the hearing?35

    36 Michael E. Winfield:No, Your Honor.3738

    Associate Justice Leslie D. King:What time did that hearing commence?3940

    Michael E. Winfield:I was late getting to that...I mean...they started around 12 without41

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    me and I just came there and immediately from there I came directly here.12

    Associate Justice Leslie D. King:So you started a hearing at 12:00 in Canton knowing3that you had a hearing at 1:30 in this Court?4

    5

    Michael E. Winfield:Yes, Your Honor.67

    Presiding Justice Michael K. Randolph:Mr. Winfield we inquire to the members of the8Clerks office indicated that you may have forgot about this hearing, it is what you told9them. Do you (head shaking)....10

    11Michael E. Winfield:Well, I received the Notice of it and I did not place it in my12calendar, but all of the events that have transpired today....13

    14Presiding Justice Michael K. Randolph: You werent even going to be here today if the15

    Clerks office hadnt called you?1617

    Michael E. Winfield:Had I not been called, no Your Honor. I would not have.1819

    Presiding Justice Michael K. Randolph:You didnt tell Justice King that.2021

    Michael E. Winfield:No Your Honor. Thats how my day has transpired exactly as I22indicated. I had a Circuit Court matter and a Chancery Court matter and from there I23went to the Canton school district.24

    25

    Presiding Justice Michael K. Randolph:You would not have been here today....since the26 Clerk of the Court called you wanting to know where you were.2728

    Michael E. Winfield:No you honor. I would not have. Thats correct.2930

    Presiding Justice Michael K. Randolph:And thats because of why?3132

    Michael E. Winfield:Thats just an oversight on my part, Your Honor. When I got the33notice, I received the notice. I though I put it in my calendar. Apparently I did not.34Because it is not in my calendar for today.35

    36 Presiding Justice Michael K. Randolph:What Judge did you appear before in Warren37County today?38

    39Michael E. Winfield:Judge Barnes and Judge Chaney.40

    41

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    Associate Justice James W. Kitchens: Mr. Winfield, your client is Clara Dees?12

    Michael E. Winfield:Yes, Your Honor.34

    Associate Justice James W. Kitchens:Is Ms. Dees aware that you were ordered to be5

    here today?67

    Michael E. Winfield: We have not discussed that Your Honor.89

    Associate Justice James W. Kitchens:I take that as a, No sir?1011

    Michael E. Winfield:No sir.1213

    Associate Justice James W. Kitchens:Why wouldnt you let your client know that her14case is in considerable jeopardy for whatever reason? In this case it seems to be because15

    of your neglect. Have you talked to her since you have got this Order from the Supreme16Court?17

    18Michael E. Winfield:I have spoken to her you honor...19

    20Associate Justice James W. Kitchens:And you didnt let her know that there was a21hearing concerning her case over here today?22

    23Michael E. Winfield:No Your Honor.24

    25

    Associate Justice James W. Kitchens:Didnt give her the option of being here?2627Michael E. Winfield:No Your Honor. I didnt advise her I had a show cause hearing28because I didnt think that related to the merits of her case itself.29

    30Associate Justice James W. Kitchens:Now this thing you went to in Canton today was31not even before a Court, was it?32

    33Michael E. Winfield:No Your Honor.34

    35

    Associate Justice James W. Kitchens:It was the School Board, is that was it is?3637Michael E. Winfield:Not the school board, the superintendent.38

    39Associate Justice James W. Kitchens:Was it a hearing, a proceeding or just some40meeting somebody wanted you to attend with them?41

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    Michael E. Winfield:I wouldnt characterize it as a hearing, I mean, I dont know. I1guess that would kind of be a .......2

    3Associate Justice James W. Kitchens:A teacher in Canton had a legal problem that4involved the superintendent of the school and it was a meeting that she wanted you to5

    come to. Is that right?67

    Michael E. Winfield:Thats correct.89

    Associate Justice James W. Kitchens:And when did she call you about that?1011

    Michael E. Winfield:I could look in my phone. It was probably been about 11:30 or 12.1213

    Associate Justice James W. Kitchens:I think if I had gotten an Order from the Supreme14Court ordering me to be up here and show cause about something, I would have thought15

    about that every waking moment of my life from the time I received that Order until that16hearing was over, but you apparently not only didnt put it on your calendar, you just17didnt seem to take it very seriously. Am I right or wrong about that?18

    19Michael E. Winfield:I would disagree with you, Your Honor.20

    21Associate Justice James W. Kitchens:Well tell me why.22

    23Michael E. Winfield:I definitely take this matter seriously. Not only before this court but24any court for that matter.25

    26 Associate Justice James W. Kitchens:Im just aghast that you didnt even show up here27today. I mean we, we have never had, since I have been here anything like this happen28and I have to tell you that I am exceedingly disappointed in you. Not necessarily for your29sake, but for your fathers sake.......30

    3132

    RECESS3334

    Presiding Justice Michael K. Randolph:The panel has first considered and discussed the35

    appropriate sanctions for your failure to timely appear before this Court today. Then we36 will take up the show cause...the other issues. Justice King will be speaking for the37Court.38

    39Associate Justice Leslie D. King:Mr. Winfield, on March 26 of this year this Court40entered and Order which required that you appear here today at 1:30 to show cause why41

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    you should not be sanctioned for your conduct in the handling of this case. Now the court1did not enter that Order lightly. It looked very carefully at the history of this case and2it appeared that you have been somewhat delinquent in moving this case all along. When3you look at the prior delinquencies and the fact that you failed to appear here timely4today and would not have appeared here today, but for a call from the Clerks inquiring5

    as to your whereabouts. This Court is appalled and deeply offended by that conduct. The6Court takes this business seriously and it thinks that you as a lawyer should also take7seriously the business of the judicial process, as well as that of your clients. Having8looked at this matter, the Court feels that an appropriate sanction for your failure to9appear here timely today is $500 to be paid here to the Clerks office by 5:00 p.m.10tomorrow. The Clerk will see that an Order to that effect is entered and a copy provided11to you. Do you have any questions about that Mr. Winfield?12

    13Michael E. Winfield:No, Your Honor.14

    15

    16SHOW CAUSE HEARING....17

    18Presiding Justice Michael K. Randolph:Mr. Winfield, the Clerk of the Court Ms. Gillis,19had sent a deficiency notice to you dated January 8, 2014, advising you that the Brief of20the Appellee was delinquent and you were directly by the Clerk of this Court to show21cause within 14 days from that date in accordance with Rule 2(b) of the MRAP Rules why22sanctions should not be imposed upon you by the Supreme Court for failing to file your23brief. Subsequently, other things occurred and the brief still didnt get filed. Actually you24were given until I think January 22 to file the show cause and you did not. So, you will25

    be asked to respond to that today. On January 21, you filed a motion for 30 day extension26 to file a brief on behalf of your client. You failed to make and show cause why you missed27the prior deadline. In that same motion it was misrepresented to the Court the your brief28was not due until February 19, which was not true. Also, you said that you had served29Vicksburg Healthcare by email, they contest that and so if you have proof contrary to the30contest we will hear on that as well. On January 29 you filed another motion for31extension of time, which was worded identically to the January 21 motion. Then on32February 5, Justice King, seated to my left, had signed an order sort of giving the history33of what I just spoke of and then finding, not from the Clerk but this Justice to my left,34found that Dees should be given 14 days to show cause why sanctions should not be35

    imposed failure on the failure to file the brief or respond to the Clerks deficiency notice36 and file your brief. That was dated February 3, signed by Justice King and filed with the37Court on February 5. This matter has come up 2 or 3 times before the Motions panel38which the three of us sit on in trying to deal with this situation, which culminated in an39Order signed by Justice Kitchens, to my right, that you had failed to....had ignored40Justice Kings Order. That was on I think February 26 that you filed a brief, which was41

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    Michael E. Winfield:Diligent. I do have many clients and I do think that I do a good job1by....maybe not 100% but I would say the majority.2

    3Presiding Justice Michael K. Randolph:Diligent?4

    5

    Associate Justice Leslie D. King:Mr. Winfield are you suggesting that you did not read6your mail from the Court?7

    8Michael E. Winfield:I have not seen those notices, Your Honor. I have not. No. I have9not seen two or three different show cause Orders.10

    11Associate Justice Leslie D. King:Are you saying, because I want to be crystal clear. Are12you saying that you did not receive them or are you saying that mail has come in to your13office and you have not looked at it, so you dont know whether you received them or14not?15

    16Michael E. Winfield:I cant answer one way or another. I know I have not seen them.17No.18

    19Associate Justice Leslie D. King:But you did receive the March 26 show cause Order in20the mail?21

    22Michael E. Winfield:Yes, Your Honor.23

    24Associate Justice Leslie D. King:And that was addressed to you at the place at which25

    you have been customarily receiving your mail.2627Michael E. Winfield:Yes, Your Honor.28

    29Associate Justice James W. Kitchens: I want to ask you a follow up and I dont mean30to interrupt Justice King. Mr. Winfield, I am looking at a certificate of service here that31actually, this came from Mr. Whitney. The first one I came to in here. This says your32address is 1129 Openwood Street in Vicksburg. Then it has got a post office box 1448. Are33those correct?34

    35

    Michael E. Winfield:Not the post office box, Your Honor, but the address the physical36 address... I no longer use that post office box, but the physical address is my address.3738

    Associate Justice James W. Kitchens: Have you ever used box 1448?3940

    Michael E. Winfield:Yes, Your Honor.41

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    Associate Justice James W. Kitchens: Do you still have that box?12

    Michael E. Winfield:No, Your Honor.34

    Associate Justice James W. Kitchens:Is that in the Bar directory?5

    6Michael E. Winfield:It still is, but I have not.....7

    8Associate Justice James W. Kitchens:Have you notified the Bar that this is not your9address so lawyers that have business with you and the courts that have business with you10would know that is not a good address?11

    12Michael E. Winfield:No, Your Honor.13

    14Associate Justice James W. Kitchens:What does the post office do with mail that is15

    addressed to you at PO Box 1448?1617

    Michael E. Winfield:They return it right back immediately.1819

    Associate Justice James W. Kitchens:To the sender or to you?2021

    Michael E. Winfield:To the sender.2223

    Associate Justice James W. Kitchens:They dont bring it to you?2425

    Michael E. Winfield:No, Your Honor.2627Associate Justice James W. Kitchens:So if I send you a letter to PO Box 1448, the post28office as you understand is going to send it back to me?29

    30Michael E. Winfield:Immediately.31

    32Associate Justice James W. Kitchens:What about 1129 Openwood Street?33

    34Michael E. Winfield:That is my address Your Honor.35

    36 Associate Justice James W. Kitchens:Is that where you live or where you work or both?3738

    Michael E. Winfield:Both.3940

    Associate Justice James W. Kitchens:So you are working out of a residence?41

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    Michael E. Winfield:No, Your Honor. It is my office, but there is an apartment above it.12

    Associate Justice James W. Kitchens:I see. So if I wanted to send you a letter today I3would send it to 1129 Openwood Street?4

    5

    Michael E. Winfield:Yes, Your Honor.67

    Associate Justice James W. Kitchens:Okay so how long have you not had this PO Box81448?9

    10Michael E. Winfield:I couldnt state with certainty...11

    12Associate Justice James W. Kitchens: Years...13

    14Michael E. Winfield:No, no its been less than a year. My secretary used to check it and15

    when she stopped working for me I never....it is no longer downtown in Vicksburg, which16was close to my office. It is over on the other side of town and I...personally I would not17go there so it was just an unnecessary expense. I have just done all that I can to .........18

    19Associate Justice James W. Kitchens:A post office box is an unnecessary expense?20

    21Michael E. Winfield:Yes, Your Honor. I have a physical mailing address.22

    23Associate Justice James W. Kitchens:Did you just close that box or just let the rent go24delinquent on it?25

    26 Michael E. Winfield:Delinquence...I just, Im...I just dont pay it anymore.2728

    Associate Justice James W. Kitchens: But, you havent notified the Clerk of the29Supreme Court or the Mississippi State Bar, or any of the people that ought to be able to30find an attorney who is a member of the Bar as to what your mailing address is.31

    32Michael E. Winfield:That I no longer use the post office box, no Your Honor.33

    34Associate Justice James W. Kitchens:While we are talking about addresses, do you35

    know Clara Dees mailing address?3637Michael E. Winfield:Not by heart, Your Honor.38

    39Associate Justice James W. Kitchens:Before you leave here today, unless my colleges40disagree with me and I dont think that they will. I want you to give that address to the41

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    Clerk of this Court. Clara Dees mailing address and her telephone number.12

    Michael E. Winfield:Yes, sir.34

    Associate Justice James W. Kitchens:Can you ascertain that before you leave this5

    courthouse?67

    Michael E. Winfield:I can call her and get it Your Honor.89

    Associate Justice James W. Kitchens:All right then, we want you to give us her address.10Thats all I have at the moment.11

    12Associate Justice Leslie D. King:Mr. Winfield, lets talk about that post office box13again. You said it was on the other side of town so it was inconvenient for you to go to14that box to pick up your mail. Is that right?15

    16Michael E. Winfield:Yes, Your Honor.17

    18Associate Justice Leslie D. King:Well, did you ever give any consideration to filing a19change of address form with the post office so that the mail sent to that box would be20then sent to you at this Openwood Street address?21

    22Michael E. Winfield:I just this past week, I did, Your Honor. Because I had a check that23was mailed to the address and it was sent back. But, that was Monday of this week.24

    25

    Associate Justice Leslie D. King:How long has it been since you have actually...when26 was the last time you went to that box to physically check for mail?2728

    Michael E. Winfield:Me personally?2930

    Associate Justice Leslie D. King:Yes.3132

    Michael E. Winfield:I couldnt tell you, that wouldve been several years ago for me33personally.34

    35

    Associate Justice Leslie D. King:When was the last time anybody associated with you36 went to that box to check the mail?3738

    Michael E. Winfield:I would say probably six or seven months. I am not sure how long39its been since I have had my secretary. I dont know. But, that was a..... I have done40everything that I can to reduce my expenses due to financial constraints. That was just41

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    another hundred dollars I was basically wasting. I mean....its just....12

    Presiding Justice Michael K. Randolph:Okay, talking about this mail stuff. So you are3saying you did not get the Notice from the Court?4

    5

    Michael E. Winfield: I am not saying that I didnt receive it. I am saying I havent6opened them or read them. I cant say I did or did not receive them. I am not saying that7they werent mailed.8

    9Presiding Justice Michael K. Randolph:Well did you review Ms. Dees file to see if that10Notice was in there before you showed up today or did you bring your file with you?11

    12Michael E. Winfield:No, Your Honor.13

    14Presiding Justice Michael K. Randolph:Then you indicated that you did not get a copy15

    of the February Order that Justice King signed?1617

    Michael E. Winfield:I have not seen it, Your Honor.1819

    Presiding Justice Michael K. Randolph: If I wrote down the first Order that you saw, it20was the one that was dated March 26 and filed March 27, is that right?21

    22Michael E. Winfield:Yes, Your Honor.23

    24Presiding Justice Michael K. Randolph:That is the one you were coming here or forgot25

    to come here today on?2627Michael E. Winfield:Yes.28

    29Presiding Justice Michael K. Randolph:Thats the first one that you saw?30

    31Michael E. Winfield:Yes, Your Honor.32

    33Presiding Justice Michael K. Randolph:Well, I know we didnt place you under Oath34today and you are an attorney, you realize you are under your attorneys oath.35

    36 Michael E. Winfield:Yes, Your Honor.3738

    Presiding Justice Michael K. Randolph:Well I was trying to figure out, now you do some39email filing with this Court. Is that right?40

    41

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    Michael E. Winfield:Yes, Your Honor. Thats the only....electronic filing is the only1means that is allowed by the Court.2

    3Presiding Justice Michael K. Randolph:Well, I am going to give you a chance to explain4it, but I am starting to wonder about your responses to me, because you e-filed a5

    document in this court on March 6. Do you recall that?67

    Michael E. Winfield:I mean, I dont have the dates in front of me but I would say that8is correct.9

    10Presiding Justice Michael K. Randolph:Well you just told this panel of Justices that you11didnt even know about the show cause until late March and you responded to it on March126, twenty days before that Order come out. I am sitting here reading it. Explaining to13the Court and asking for mercy and forgiveness and the other things.14

    15

    Michael E. Winfield:Whatever date that I responded wouldve been the one that I16received. I responded to....I dont have the chronology in the front of me....I responded17to the one that I saw. They may have been the February one...I dont know which one18it was.19

    20Presiding Justice Michael K. Randolph:Well you have had to seen the other one or you21wouldnt have known you were supposed to be here today.22

    23Michael E. Winfield:And I saw the one to be here today, so I dont know what date that24was...that may have been the March one, but I responded....my correspondence was in25

    response to the one that I had seen....that may have been the February one, I am not26 100% on which one it was and the one advising me of appearing here today I saw that, as27well.28

    29Presiding Justice Michael K. Randolph:Well, what we have to encapsulate and then I30am going to give you an opportunity to start explaining why, the big picture. You have31a brief that you filed after numerous extensions and show causes that you filed to make32and the other side wants to strike that. So they want the case considered on their brief33alone. That is what they are asking for and you were told to be here today and why you34should not be sanctioned for your failure to comply with the Orders of the Court, why you35

    should not be sanctioned for your failure to timely file Appellees brief. Vicksburg36 Healthcare was told to be here if they desired to show any prejudice they may have37suffered as a result of your actions or inactions and also any fees that were incurred, not38to do with the underlying case, just with this issue about your failure to timely file39responses. So we will hear from your now as to ......oh, one other thing I wanted to ask40you to reply because I want you to reply to this too. It was brought to our attention that41

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    one of the filings here that Justice Kitchens has shown me, which is the March 6 response1that has a place for a signature line, it has your name and Winfield and Moran. Does Mr.2Moran practice with you?3

    4Michael E. Winfield:No, Your Honor.5

    6Presiding Justice Michael K. Randolph:Is there a Mr. Moran that is even living now?7

    8Michael E. Winfield:He is deceased. It is just the name of the PLLC.9

    10Presiding Justice Michael K. Randolph:Given the address that you furnished on the last11filing that you did to this Court shows Vicksburg, Mississippi 39183, no street address, no12PO box, no nothing. Just Vicksburg. Is there a reason for that?13

    14Michael E. Winfield:Just be an error on my part. I personally typed it. It just be an15

    error on my part.1617

    Presiding Justice Michael K. Randolph:Have you read the rules of this Court to practice18before this Court?19

    20Michael E. Winfield:Yes, Your Honor.21

    22Presiding Justice Michael K. Randolph:It was brought to our attention today in our23preparation for this hearing that in this particularly case number that you have never24even filled out an appearance form. I have a blank appearance form before me. Do you25

    ever fill out an appearance form where you tell the Clerk of the court what your Bar26 number is and what address you can be reached at and email and all of that?2728

    Michael E. Winfield:No, you honor. I have never, never....2930

    Presiding Justice Michael K. Randolph:Why wouldnt you do that?3132

    Michael E. Winfield: I have never filled one of those out and I have submitted numerous.3334

    Presiding Justice Michael K. Randolph:How many cases have you got pending in this35

    court?3637Michael E. Winfield:I have submitted...Just this one at this time, but I submitted briefs38in the past, within the past year or so and I have never filled out one of those.39

    40**Presiding Justice Michael K. Randolph:Well I suggest that you probably want to go41

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    back and review the rules and depending on what we do here today, it may or may not1be necessary for you to file an appearance form in this case. That will be determined by2the Court before the days over. So, we have got late filings, non-shows. Tell us why.3

    4**Michael E. Winfield:As I discussed in the response that I submitted to the Court, in my5

    request for leniency and mercy, just had a lot of things going on. A lot of things6happening. All I can do is apologize to the Court for my actions, but, I mean its just7dealing with the hardships that I have dealt with.8

    9Associate Justice Leslie D. King: Very candid question Mr. Winfield, you talk about10hardships you have been dealing with. Do those hardships impact upon your capacity to11actually practice law right now?12

    13***Winfield (23:14):I would say....I mean, no. I cant say that. I wont make an excuse14for my action. I just didnt do it. Thats..I mean, I cant blame anyone but myself. I15

    cant.1617

    Associate Justice Leslie D. King:I am not asking you about whos to blame right now.18I assume that there are stresses related to these various hardships that you have spoken19of and I am concerned as to whether or not those stress factors are such that they impact20upon your ability to actually practice law at this point.21

    22Michael E. Winfield: I would say, no, Your Honor. I do feel as though I am able to23practice law. I have had an enormous stress situations, I mean I image everyone does.24I think I have had a little more than most, just to be candid but, do I think that it makes25

    me unfit to practice? No. It does not. I do not feel that way. No.2627Associate Justice Leslie D. King:I didnt say do they impact upon your ability to practice28law. There is a difference in saying that they impact upon your ability to practice law29and saying that you are unfit to practice law.30

    31Michael E. Winfield:Yes. Yes. Am I affected by it? Yes, I am, I mean of course it effects32me, but I dont think that it makes me unfit. And youre right, there is a distinction33between the two but, am I affected? Yeah, I am. I mean of course I am. I never couldve34foreseen my brother being indicted and going to jail. I never couldve foreseen that I had35

    no idea at all of anything that was going on. I learned of it the night he was arrested.36 I mean, it was no kind of warning or ...I just had no knowledge at all of any type of37anything going on. Me being divorced, I would say that was foreseeable because that was38due to my actions and I accept the responsibility and blame for that, but some of the39things were beyond my control. I couldve never foreseen my brothers unfortunate40circumstance, no. And the impact that it has had on my Mom and the impact that it has41

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    had on his son and the impact that it has had on my son, my children. No, I could not1have foreseen that. It is definitely a surreal experience, but you know that way my day2has gone today, that is how a lot of my days end up. I was booked for two hearings this3morning in Vicksburg. That happens a lot of times I will be booked in two places and I4have someone else cover me for....you know I may have someone go to Yazoo and I may5

    be somewhere else or vice versa. Then, your last minute call of someone needing you6to be there, that was not scheduled, not foreseeable, not planned, but that...I find7myself traveling quite a bit. I am not in the office physically but I forward my phones to8my cell phone for I get phone calls, but yeah I travel probably about 50-60,000 miles a9year. In my practice, in my line of work because most of my work is not local in Vicksburg10so I....I do travel quite a bit, quite often. And Im just not financially able to support and11my secretary quit for her own personal reasons, but it was a blessing to me that she did12because I am not financially able to consistently pay a secretary. It is not a matter of me13not necessarily needing one. I am not financially able and you know what Ive been doing14lately is trying to reduce as many of my expenses as I possibly can. Thats, thats15

    definitely been, to some degree, a detriment. Now to be honest with you, the notices,16she would open the mail, you know. She would go to the post office box, the typing, the17mailing, those things are now things that I physically do personally. So if I didnt type my18address, I didnt type my address because I am the one that typed it. If something is not19emailed, it is because I didnt email it. If something is not scanned, its because I didnt20scan it. Because I personally do everything from beginning to end. And being in a small21town practice, the impact tort reform has had, its a challenge financially with all candor22to the Court to pay the $500 by 5:00 tomorrow, that will definitely be difficult for me to23do and I respect the Courts ruling and I understand you have a job to do and I respect24that and I respect this Court and I genuinely apologize to this Court for my absence. I25

    wont to say tardiness, I will say absence. Even though I am here presently, but yeah its,26 its, its challenging, it is. Is it something that I dont feel I can do, I wouldnt say that,27you know. I wouldnt say that.28

    29Presiding Justice Michael K. Randolph:Well our concern is multi-faceted. The Court was30given the responsibility, I guess every lawyer in this state gets to practice under the31auspices of the authority of this Court. We are very concerned about clients and clients32rights. We are concerned about attorneys that dont take care of clients. If you fail to33show up here, I think Justice King said it best, he was appalled by your failure to be here34today. All three of us were shocked by your failure to be here today and having forgot35

    about it. I guess we are old school, but if the Supreme Court ordered me to be in36 Jackson, Mississippi at a certain time, I probably would have camped out on the steps the37night before. That is just the respect I hold for the Court and I guess out of fear of what38they could do to me and yet if you are showing that lack of ability to keeping your mind39on your schedule or on your Iphone or whatever about a court appearance, I have to40wonder about how many times you told a client you would meet them in your office at41

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    4:00 and they show up with two kids there at the door and you are not there, then Ive1got to be worried about that too. If you are not going to make court appearances, why2would you go see a client? Especially one that might not be happy with you. That is the3reason Justice Kitchens was concerned about Clara Dees. If we follow the rules of Court4your case ought to be thrown out. Do you know that?5

    6Michael E. Winfield:Yes, Your Honor. I do.7

    8Presiding Justice Michael K. Randolph:Why doesnt that motivate you to do it and do9it right?10

    11Michael E. Winfield:In all honesty, Your Honor. I would say, you know to some extent12my evaluation of the response and the outcome, because I have submitted several briefs13to this Court. The last one that I submitted I though was the best I could have ever14drafted and I didnt win that one either. Ive lost, I am about 0 and 3 with this Court. I15

    dont know if you were on the Court at the time or not, but I have submitted briefs since16I have begun practicing and every one that I submitted I thought was a really good brief,17particularly my last brief I thought was, how I didnt win that one, it was dealing with a18termination of parental rights and the names are redacted and changed so I couldnt tell19you what opinion the name was, but I did not win that one and I definitely feel as though20I should have won it. But, be that as it may, with me being a solo practitioner and21juggling you know the many aspects of that, you get into a time value thing to some22extend and to some degree. I just, I dont feel like I will win this case. So just, and I23hope that.....24

    25

    Presiding Justice Michael K. Randolph: Are you talking about this case here?2627Michael E. Winfield:Yes and I, I will pray that I do, but the likelihood of it is not...my28success and track record with the Supreme Court has not been great.29

    30Associate Justice James W. Kitchens:Are you saying that you didnt timely file in this31case because you lost the last two or three cases you had up here?32

    33Michael E. Winfield:No, I am not saying that, Your Honor.34

    35

    Associate Justice James W. Kitchens:What are you trying to say?3637Michael E. Winfield:Well, I mean you asked me part of the reason for me not being....I38mean, I think I could have made it more.....I should have made it a more of a priority..39I should have and I did not.40

    41

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    Associate Justice James W. Kitchens:How many active files do you have in your office1now?2

    3Michael E. Winfield:I couldnt say.4

    5

    Associate Justice James W. Kitchens:Give me a ballpark.67

    Michael E. Winfield:Probably 70, 50 to 75, I...89

    Associate Justice James W. Kitchens:Civil and criminal?1011

    Michael E. Winfield:Primarily criminal.1213

    Associate Justice James W. Kitchens:Some people are going to jail if you screw up their14case?15

    16Michael E. Winfield:I have primarily criminal cases, Your Honor.17

    18Associate Justice James W. Kitchens:Some people are going to jail if you dont take19any better care of their case than you have taken of this one?20

    21Michael E. Winfield:I dont have too many that end up in jail, Your Honor. I, Ive had22some. I have had some. Ive lost one murder trial, but I dont, I dont lose many.23

    24Associate Justice James W. Kitchens:What if you have the same level of attention to25

    somebodys criminal case that you have given to this case?2627Michael E. Winfield:That would not be good.28

    29Associate Justice James W. Kitchens:Is this the only case youve screwed up or have30you screwed up some more?31

    32Michael E. Winfield:Yes, Your Honor. I would say yes.33

    34Associate Justice James W. Kitchens:This is the only one? No other civil cases and no35

    criminal cases?3637Michael E. Winfield:No, Your Honor.38

    39Associate Justice James W. Kitchens:What are you... I am still struggling with what you40said when you were talking to Justice Randolph just now about how you had lost some41

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    cases up here in this Court and you thought the briefs were real good and they may have1been. I dont know, you can have... I mean the brightest lawyer in the world could have2a good brief and still lose and I think you know that, depending on what the law and the3facts are, but why did you think it important to tell us that you have lost several cases4in this Court and that somehow has something to do with this situation that were dealing5

    with this afternoon? What is the connection there? I dont get it.67

    Michael E. Winfield:From the time value standpoint, I would look at the return that I8would possibly get.....9

    10Associate Justice James W. Kitchens:You look at the return to you in deciding how11much time to devote to a clients case?12

    13Michael E. Winfield:No, Your Honor. I mean, I....14

    15

    Associate Justice James W. Kitchens:Well, thats what you just said. What do you16mean? (Pause) Do you rank you cases in terms of their importance based on the financial17benefit or potential benefit to you?18

    19Michael E. Winfield:No..not...no. Thats not what Im saying, Your Honor.20

    21Associate Justice James W. Kitchens:Well please tell me what you are saying because22thats what it sounds like.23

    24Michael E. Winfield:What youll have often times in a small practice.25

    26 Associate Justice James W. Kitchens:Dont tell me what you have in a small practice.2728

    Michael E. Winfield:I know you did it many years....2930

    Associate Justice James W. Kitchens:I live in Crystal Springs, Mississippi and practiced31law in a small practice for 41 years. So, I kinda know a little bit about small town32practice, but tell me how it is that your failings in this case are somehow related to the33fact, first of all, that you lost some appeals up here; and, secondly, you have to look at34the benefit. Thats your words not mine. What do you mean by that?35

    36 Michael E. Winfield:I just...3738

    Associate Justice James W. Kitchens:Time value is a term you used. What does that39have to do with any of this? Why did you say that?40

    41

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    Michael E. Winfield:Because I dont think that...I dont think that I will succeed on1appeal in this case.2

    3Associate Justice James W. Kitchens:Have you told your client that?4

    5

    Michael E. Winfield:I have discussed the merits of the issue...67

    Associate Justice James W. Kitchens:Have you told your client that?89

    Michael E. Winfield:Yes, Your Honor. I have talked to to her...1011

    Associate Justice James W. Kitchens:That you dont think you are going to succeed on12this case, right?13

    14Michael E. Winfield:Yes, Your Honor.15

    16Associate Justice James W. Kitchens:Well, a real good way to guarantee that is not to17file a brief, isnt it?18

    19Michael E. Winfield:Yes, Your Honor.20

    21Associate Justice James W. Kitchens:Mr. Winfield, are you attributing your failures to22the stresses in your life?23

    24Michael E. Winfield:No, Your Honor.25

    26 Associate Justice James W. Kitchens:What are you attributing that to then?2728

    Michael E. Winfield:Just, I have to say, poor choice, Your Honor.2930

    Associate Justice James W. Kitchens:I cant hear you.3132

    Michael E. Winfield:Just poor choice, Your Honor.3334

    Associate Justice James W. Kitchens:Poor choice? Did you make a conscious choice not35

    to file this ladys brief?3637Michael E. Winfield:No, Your Honor. I mean...its... I mean I had to wrestle with38grounds for a response in all honesty.39

    40Associate Justice James W. Kitchens:You had to wrestle with what?41

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    embarrass you or anything. You should be humiliated by the way you have conducted1yourself - - but you know if youve got some problems in your life that are interfering2with your law practice, thats what the Lawyers and Judges Assistance Program is for.3You dont have to be an alcoholic or a drug addict to need the Lawyers and Judges4Assistance Program - - I dont know whether you are an alcoholic or drug addict.5

    6Michael E. Winfield:No, Your Honor.7

    8Associate Justice James W. Kitchens:Youve shown some symptoms.9

    10Michael E. Winfield:No, Your Honor.11

    12Associate Justice James W. Kitchens:But, you know we are concerned about your13clients and youre telling us that this is the only case that you have messed up on and14thats a little bit hard to believe. I am not trying to debate with you about it, but this is15

    a serious, serious situation to Ms. Dees and potentially serious to other clients of yours.16So, I hope you are being candid with us when you tell us you havent messed up anybody17elses case, but it looks like there is a pretty strong potential for it. Do you have anything18else you want to tell us in defense of your misconduct?19

    20Michael E. Winfield:No, Your Honor. I apologize. My conduct is inexcusable and there21is no excuse for it. I apologize to the Court and with all due respect I would ask the22mercy of the Court.23

    24Presiding Justice Michael K. Randolph:Well, the Court is going to hear from counsel25

    opposite in a couple of minutes, but I heard your response the same way that Justice26 Kitchens did and I wrote down here time/value and I wonder if youre not treating your27law practice like that movie Money Ball and figuring out what is the most lucrative28anticipated lucrative case and give it top priority and then, in your mind, moving em29down the line and thats the attention. I only tell you what I used to tell young lawyers30and I, as Justice Kitchens, started out in a small office in Biloxi, Mississippi. I wasnt with31a large firm when I started practicing so I have faced a few weeks of short fall and having32to come up with money out of my pocket that didnt come from clients to pay for help.33I know Justice King has done likewise, so the small town thing is not an excuse. But I will34tell you, as you leave here today and go back and think about representing your clients,35

    what I used to tell the lawyers that worked for me, never look at the financial numbers.36 It is not important, because if you win every case, youll be highly successful and if you37just devote yourself to prevailing for your client, or, in cases as you suggest now about38this case, that may lack merit, is to look a person in the eye and say that is a really tough39story you got there to tell, but youre not going to win that case and I am not going to40accept it. I am not going to file it. That is the hardest thing to do - is just tell people41

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    No. Deny you work on the cases or represent the criminals, like Justice Kitchens speaks1of. So, Justice King, do you have any other questions or observations?2

    3Michael E. Winfield:Could I briefly address, Your Honor?4

    5

    Presiding Justice Michael K. Randolph:Certainly.67

    Michael E. Winfield:And I dont want to leave you with the wrong impression. I do a lot8of pro bono work. It is part of my financial hardship. If someone comes... I became an9attorney so that I could help people, just like the lady that I just left today in Canton.10I didnt generate any kind of profit on that fee at all, whatsoever.11

    12Presiding Justice Michael K. Randolph:I know, but you are supposed to be representing13Ms. Dees today, here. Which may or may not result on fee. I am all for pro bono work14and we have all done that, too. But, the people that you sign a contract with, you make15

    a bond with them. In the old days we used to do it by handshakes and that is I am going16to do the best job I can, every minute of the day, advancing your case until the end. It17may be a good end, it may be a bad end, but to the end. When you make those kind of18commitments, then you have got to turn down those phone calls that come from Canton19and say, I have got clients that I have got to get their work done first. There is nothing20wrong with just telling someone you dont have time. You just have to do that. You21have got to manage your time, but you cant do it to the detriment of those people that22are sitting up in their houses expecting you to show up in court or file papers on their23behalf and they are counting on you and you cant hide behind, just an overall I am do-24gooder and I dont have time to... you cant do that. I am not saying dont do pro bono,25

    like I say we have all done it and it is important. A lot of people promised us they would26 pay us and didnt pay us, too. You get those, but that is just the way it goes and thats27part of the territory. But, you got anything else?28

    29Michael E. Winfield:Nothing, Your Honor.30

    31Presiding Justice Michael K. Randolph:You may have a seat and counsel opposite if you32were told to be here today and I guess invited to be here today. Tell us what effect the33failures of...that have been addressed here today...how it effects your client and both34from the standpoint of I guess procedural and monetary as well. Please state your case.35

    36 Clifford C. Whitney:Thank you, Your Honor. First of all, this is not...this has been the37story of this case, which is the reason we are even here today. The fact that things have38not been done by the opposing side, including filing affidavits in response to motions for39summary judgment, waiting until the day of the hearing to say I have got an expert, but40not producing any written affidavit from that expert. We never still have gotten one till41

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    this day. Showing up at the hearing on summary judgment with no file and then the1judge grants more time, which was totally contrary to the rules. My client has now spent2all of this money, now we get to this court and the court recognizing the significance of3all of what took place in the lower court has granted this interlocutory appeal, now we4are here. We filed our brief in October of 2013 and here we area in almost May, starting5

    tomorrow.67

    Presiding Justice Michael K. Randolph: It has been here a year I think. It came in May8that the interlocutory appeal, May 2013 was granted.9

    10Clifford C. Whitney:That is correct I believe, Your Honor. Now, the court said that Mr.11Winfield had filed a brief on February 26. To this day I have never seen a brief. So, I12dont know what brief he filed and perhaps that brief never made it out of the court file,13but it has still to this day never reached me or my office.14

    15

    Presiding Justice Michael K. Randolph:So the brief I am holding here that was filed at162100 military time for 9:00 p.m. with the Mississippi State Capital police after hours filing17a brief, it is your statement that you have never got a copy of that?18

    19Clifford C. Whitney: I have never gotten a copy of it Your Honor. And, it does not show20up on the docket of this Court, perhaps because the Court needed to rule...needed to21take up these proceedings today, I dont know about that but we made inquiry and the22Clerks office didnt have it and the docket of the Court didnt reflect it so.23

    24Presiding Justice Michael K. Randolph:Are you still, or at that time I guess on the 26th25

    of February 2014 were practicing with Varner, Parker & Sessums.2627Clifford C. Whitney:Yes sir, and I still am.28

    29Presiding Justice Michael K. Randolph:1110 Jackson Street30

    31Clifford C. Whitney:Yes, Your Honor.32

    33Presiding Justice Michael K. Randolph:PO Box 1237 Vicksburg?34

    35

    Clifford C. Whitney:Yes, Your Honor.3637Presiding Justice Michael K. Randolph:Well, we have a certificate here that it was38mailed to you.39

    40Clifford C. Whitney:Well, believe me I turned over every piece of paper in the office41

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    to see if it had come in. We have never received a brief, nor when we contacted the1Clerk of this court were they able to refer us to a brief. So, that is all I know on that2subject. We still dont have the brief. So, here we are a year later after the appeal was3filed with no brief with extensive expense incurred and delay incurred in a case that4shouldve been granted summary judgment on back in January of 2013 when we came to5

    court on a motion for summary judgment that there was no expert in this medical6malpractice case.7

    8Presiding Justice Michael K. Randolph:Youre saying there still hasnt been an affidavit9provided?10

    11Clifford C. Whitney:There has still been no affidavit provided.12

    13Presiding Justice Michael K. Randolph:If I recall right and look at the prior file was...I14guess maybe it is in that brief that I was looking at that notice was given of intent to file15

    suit and three days later suit was filed. Is that....1617

    Clifford C. Whitney:That part I am not sure of Your Honor.1819

    Presiding Justice Michael K. Randolph:Well we didnt really want to get into an20underlying matter that may or may not.21

    22Clifford C. Whitney:In terms of what counsel was saying, I receive my notices and orders23of this Court I get them by email so I believe the Clerk is emailing this things out. So,24surely Mr. Winfield gets his email.25

    26 Presiding Justice Michael K. Randolph:Is that correct.2728

    Clerk:No sir. We do not yet email notices. They do appear on our docket, electronically.2930

    Clifford C. Whitney: Ok, I stand corrected.3132

    Presiding Justice Michael K. Randolph: When somebody has e-filed, do they get33acknowledgment that you received it?34

    35

    Clerk:They get the notification of electronic filing. As long as they are registered36 through MEC.3738

    Clifford C. Whitney:Ok Judge, the prejudice, first of all is all of this delay in a case that39shouldve been thrown out at the trial court level and it has been exacerbated by all of40what has taken place, the court has gone over...41

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    Presiding Justice Michael K. Randolph:Well, since the court hasnt ruled to agree or1disagree with you as to whether it should or should not have been, what I want you to2focus on is what prejudice your client has suffered as a result of the failure to timely file3the brief and the delays caused by that.4

    5

    Clifford C. Whitney:Well the prejudice of the passage of time, which of course in any6case is going to adversely effect your witnesses memories dim and all of the attendant7problems.....8

    9Presiding Justice Michael K. Randolph:Has anybody died or anything?10

    11Clifford C. Whitney:Not that I am aware of.12

    13Presiding Justice Michael K. Randolph:I mean I had to represent a doctor one time and14he died. He didnt stick around for the trial so I had to....but, you dont have that kind15

    of prejudice?1617

    Clifford C. Whitney: Not that I am aware of, no sir.1819

    Presiding Justice Michael K. Randolph:Okay so time is money, so how much money has20been expended in representing you client as a result of the failure to timely file a brief21and respond to these matters?22

    23Clifford C. Whitney:Your Honor, I did bring with me a printout of the billing.24

    25

    Presiding Justice Michael K. Randolph:Give it to the Clerk.2627Clifford C. Whitney:Your Honor, this....28

    29Presiding Justice Michael K. Randolph:Document dated at the time 04/30/14, Exhibit301 to these proceedings. A rough draft of your billing mechanisms?31

    32Clifford C. Whitney: It is a billing summary of all...and the work that is reflected on33here all pertains to the various issues about these delays and these show cause and34pleadings that we have filed in response to the motions that were filed. In addition, .....35

    36 Presiding Justice Michael K. Randolph:The rate on here customary in Vicksburg?3738

    Clifford C. Whitney:Well, Your Honor, I would certainly say as an officer of the court39that in fact if anything, this $165 and hour is more than fair and reasonable and is40customary for insurance defense work in Vicksburg, MS and is consistent with that.41

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    Presiding Justice Michael K. Randolph:Well, we saw one of those this morning from1Jackson and it was $225 so we will take that into consideration.2

    3Clifford C. Whitney:All of this work was reasonable and necessary for the matters that4were involved in these proceedings relating to these delays.5

    6Presiding Justice Michael K. Randolph:How much time do you have devote to it...7

    8Clifford C. Whitney:In addition to that I have three and half hours for today, which at9the rate of 165 would total $577.50 plus mileage at .555 cents a mile. Thats the federal10rate as I understand it. That would be $55.00 for the round trip. So the total then would11be $632.50 for today, Your Honor plus the ...12

    13Associate Justice James W. Kitchens:Give me that number once more please.14

    15

    Clifford C. Whitney: $632.50. Then, the total of $1,953.50 is on Exhibit 1.1617

    Presiding Justice Michael K. Randolph:Any other prejudice other than the monetary18prejudice?19

    20Clifford C. Clifford C. Whitney: No, Judge, other than again just simply the effect of21diminishing memories of witnesses and so forth that come with the delay. Thats all.22Thank the Court.23

    24RECESS25

    26 Presiding Justice Michael K. Randolph: We have had an extended conversation. Mr.27Winfield if you will stand up here please. As Justice Kitchens alluded to, these types of28hearings come very seldom. I think Justice King have probably been in Appellate Courts29longer than all of us. I think he indicated maybe they had one in his court years ago. We30are troubled that this is the third one that we have had this year and in trying to compare31those, quite frankly Mr. Winfield yours is the strongest demonstration of a failure of the32way our system is working. The panel, after consultation, feels that there has been a lack33of candor on your part. We are very concerned about the diligence that you have34exhibited in the representation of your clients. We feel like you have exhibited disrespect35

    to the court and to the institution. Again, it is not to the individuals, anyone of us can36 take off the robe and probably dont deserve a lot of respect on anything, but it is the37court and the system. We are concerned about your stress that you dont have. I think38perhaps you misunderstood what Justice King was trying to draw out of you and you are39trying to defend your right to practice law as opposed to being frank about difficulties40that surround you that keep you from doing it to the full extent of perhaps, your abilities.41

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    Based upon that we have come up with a couple of things. This Court will issue and Order1as soon as it can be prepared that you have ten days to contact the Lawyers and Judges2Assistance Program and, which is a voluntary program but you got ten days to contact3them. If you elect to participate in that program then they will furnish the Court with4reports of your progress in that program, which will allow you to continue practicing law.5

    Should you chose that the LJAP is not for you and you dont want to participate and dont6want to seek their assistance, that is your business and none of us can make you do that.7However, should you chose not to do that, then we are going to have a copy todays8proceedings sent to the Bar and have them review it for whatever purposes they want9and you take your chances with them as to whether you have violated any of your duties10as a lawyer. It is our hope that you will seek assistance, but that is your choice not mine.11The second thing is, the monetary thing is a rather difficult thing and you should pay12every penny to these other lawyers....keep their client from paying and it should come13out of your pocket. I would guess if I got in your pocket now it would be pretty empty.14You indicated that, when we came back in for the second proceeding today and the Court15

    is going to modify its earlier opinion of 5:00 tomorrow that you shall pay to this Court as16sanctions for your failure to appear today $500.00, but you are going to pay it to the17Court at $100.00 a month and those payments will begin on June 1. That will be in an18Order.19

    20Michael E. Winfield:Thanks, Your Honor.21

    22Presiding Justice Michael K. Randolph:The second thing is that I having practiced both23plaintiff and defense over the years and having looked at many billings and the billing24that is presented today by the Defendants in this matter, or the Appellants I guess,25

    Vicksburg Healthcare is fair and reasonable in all respects, but nonetheless due to your26 financial circumstances the Court has elected to reduce that to $1500.00 as opposed to27now sought. That is going to be payable to the lawyers of the law firm. That is going to28be paid at $100 a month beginning on May 15 th. The failure of you to make any of those29payments is going to result in contempt proceedings and....serious contempt30proceedings. If that means you cant make enough money practicing law then go flip31hamburgers somewhere, but you pay that money. For your client, we are going to accept32the brief as filed. You better make sure before you leave here today that the lawyers on33the other side have that brief and then that matter will take its own course. We would34expect that you would change the way you are doing things. Again, I am not a tech freak35

    at all but I can keep a calendar on my phone and it dont take any real skills to do that.36 You have got e-filing now, you know how to do it, I have seen you know how to do it. So37secretary is, although very important, are not absolutely necessary to practice law. That38will be the ruling of the Court. Do either of the Judges have anything else to say?39

    40Associate Justice James W. Kitchens:Mr. Winfield I hope this helps you. I have been41

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    interested in you as a lawyer, as a person, I have known you and known about you for a1long time and sorely, deeply saddened by the necessity of this proceeding this afternoon.2I hope the next time we see you it will be under much more pleasant circumstances. I3wish you well in your life and in your practice.4

    5

    Michael E. Winfield:Thanks, Your Honor.67

    Associate Justice Leslie D. King:I too would take the opportunity to wish you well as8you move forward, like the other members of this Court I knew your father for many9years back. I recognize that the practice of law is one of the most stressful professions10in which one can engage. Sometimes it is difficult to admit to oneself the depth of the11stress he labors under in our profession. Please take advantage of the resources available12to you through the Lawyers and Judges Assistance Program. That is one of the best13benefits of being a member of the Mississippi Bar Association. It can do a great deal for14you and ultimately for your family.15

    16Michael E. Winfield:Thanks, Your Honor.17

    18Presiding Justice Michael K. Randolph:I think that certainly the Bar can direct you19before you leave this building. Actually just go down this hall and downstairs I guess to20get to the Bar area and you need to check into that today. One of the requests of one21of the Justices is that a copy of this Order will be sent to the address that you furnished22for your client. So they will receive a copy of the Order to be entered later today.23Anything else from the Court?24

    25

    Clifford C. Whitney:I take it that our time to file a reply.2627Presiding Justice Michael K. Randolph:We will set a new briefing schedule. You need28to do two things, thank you. Number one is before you leave this building today I expect29you to go down to the Clerks office and fill out that form that has the right addresses30and if you have any other files either here or at the Court of Appeals, you fill out those31Court Appearance forms. They are very important to everybody. So get that done today32in this case. Then you probably dont have a copy of the brief with you so when you all33get back to Vicksburg. Lets do this, since counsel opposite doesnt have a copy of that34brief, you deliver it to them tomorrow and then go ahead and send one here because the35

    brief that you presented here has not been filed anyhow. It will be filed...we have it but36 the Clerks office has not filed it..3738

    Michael E. Winfield: Do I need to do five of them again, or do I just submit one39tomorrow.40

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    Clerk:Should be e-filed, Your Honor.12

    Presiding Justice Michael K. Randolph:E-filed. You show a lack of concern there, so.34

    Michael E. Winfield:I have the ability to do it, I just thought you know you had to bind5

    them and put them in the colored books and all of those different things.67

    Presiding Justice Michael K. Randolph:No when you e-file, I dont think you have to file8all of the additional copies. That is the beauty about e-filing. You just e-file it and I can9get it in my sleep and he can get it in his sleep. It will actually save you time and money10and other things. So you get that done tomorrow. Then, that will start the period and11we will include that in your Order that when his brief is filed the normal time frame will12kick in for you to file your response to the brief. We will look at it. You may want to go13back and study and make sure that is a good product before you file it. That should take14care of everything.15

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