Five Questions with Justice Bill Waller Jr.

1. How has the atmosphere changed on the court over the past year?
Since the first of the year there have been a number of positive changes in the Court. With the departure of Presiding Justice McRae, I became a presiding justice and Jess Dickinson was sworn in as a new justice. As a Presiding Justice I have been able to ensure cases assigned to my panels were decided in a timely manner. Justice Smith became Chief Justice in March of 2004 and has successfully led the Court to being timely on final decisions for the first time in decades.

2. Should Mississippi Supreme Court justices be elected or appointed?
Mississippians enjoy electing officials, including judges. However, Mississippians are also offended with high dollar, bitterly partisan campaigns that have marked recent Supreme Court races. An excellent solution would be the adoption of what has been termed the "Missouri" plan for selection and retention of appellate court positions. Under this plan, one year after appointment by the Governor, the new justice would stand for a retention election. The retention election would be an up or down vote for service through the remainder of the term. At the end of the term the justice would again stand for a retention election and this process would repeat itself at the end of every term while the appellate judge was in office. Currently, because of the eight year terms, the Governor makes many appointments. Five of the current justices began service as appointments. The change would not eliminate elections, it would eliminate the expensive, highly partisan contests we now experience.

3. What do you do with your spare time?
My spare time has been spent primarily with my family, at church and in outdoor activities. My youngest son, Clayton, and I are involved with Boy Scouts. My oldest son, William, and I are Eagle Scouts, and my youngest son, Clayton, is a Star. Outside of scouting, my family cycles and hikes, among many outdoor activities. I love history and enjoy reading and lecturing on differing historical topics.

4. Are there any reforms you believe need to be made to Mississippi's legal system?
A state-wide computer network for our judicial system and electronic filing are two reforms needed for our legal system. In order to provide for the legal needs of our citizens and to support those who work in the justice system, we need a state-wide computer network to assist with the timely disposition of cases and better allocate scarce resources. We have little reliable information on what happens in our courts and will not until we have real time access to statistical data. We must have this to ensure we have sufficient resources to allow for timely disposition of cases. We also need to move toward electronic filing. This would greatly enhance the ability of courts to manage data and will make disposition of cases more timely and less expensive.

5. Are you still active in the National Guard?
After 29 years service in the Mississippi Army National Guard, I transferred to the Inactive Ready Reserve in January 2004. Eddy, one of my younger brothers, has been activated with the 155 Armor Brigade and will probably go to Iraq after the first of the year.

6. What's the most pressing issue facing our judiciary?
The greatest issue facing our courts is a lack of public confidence in the legal system. The reforms I proposed in response to the 4th question, will dramatically improve the public's confidence in our legal system.

7. What is a typical day like for a Supreme Court justice?
A typical day involves at least one staff meeting to review work assignments within my suite. Much of the day is involved with studying cases, reading records, researching and writing opinions. Other time is devoted to oral arguments, panel conferences, and en banc conferences. Issues with respect to the circulation and hand down of cases constantly come up requiring visits with Court Administration, the Court's editor, or other justices. I chair the Rules Committee which meets at least every other week and involves extensive research.

8. What are you most proud of during your tenure on the court?
For cases on the merits, I have been successful in contributing to the reduction of the backlog of cases by being a leader in the number and timeliness of opinions. On the administrative side, since I began chairing the Rules Committee in 2001, we have made over 100 positive rule changes. I am extremely proud for leading the adoption of Rules for Court Annexed Mediation which gives the trial judge the power to order parties to mediate. Mediation often results in the settlement of a case which saves time and money and frees dockets for critical criminal cases. I have been at the forefront of other reforms such as the total revision of the Code of Judicial Conduct, the adoption of time standards for trial courts, rules to restrict use of Mississippi Courts by out-of-state attorneys and rules to limit joinder in Mississippi tort cases.

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