Ellington

The Jackson City Council voted last week to allow Mayor Frank Melton to hire attorney Dale Danks, who will help the city's shorthanded legal department clear its caseload. The council made this decision despite the fact that Danks represents both the city of Byram and a North Jackson family, the Berryhills, in cases against the city, as well as serving as the mayor's personal attorney in lawsuits against Melton himself.

Danks, who was mayor from 1977 to 1989, has won a number of cases against the city, including several involving vehicular accidents. At least three Mississippi Supreme Court decisions examined cases where Danks was the attorney and had alleged wrongdoing by the Jackson Police Department.

One exceptionally big case for flood damage to the Jackson Oak apartments netted a $1 million judgment against the city and a lien on City Hall when the city didn't immediately pay up. Otha Burton, chief administration officer for the Johnson administration, pointed out that Danks had approved building the apartments on a floodplain during his mayoral administration.

Stokes, who was the lone voice on the council against hiring Danks, said he dissented because of Danks' long history of suing the city.

Danks currently represents the unincorporated city of Byram in a suit against the city of Jackson. Private attorney Jim Carroll represents Jackson in the Byram case, which means that opposing attorneys in the case, Carroll and Danks, will now work for the same client, the city of Jackson.

Danks also represents Bobby and Lisa Berryhill of North Jackson in their suit against the city for violating their teen daughter's rights in an arrest (see "Driving While Young," page 14). A federal judge threw out parts of the Berryhills' case earlier this year, but the family says they would like to continue to pursue the counts that remain.

The Berryhills say that Danks repeatedly put them off about their case throughout the summer. Finally, in late September, Danks told the Berryhills their case was over, although he did not explain why. The family said this week that Danks had still not informed them of his decision to work for the city as of Monday. Mississippi Rules of Professional Conduct explicitly state that clients must be given "knowing and informed consent" of any conflicts of interest.

Danks represents Melton in an ongoing Lauderdale County lawsuit set for trial in November. In that case, Mississippi Bureau of Narcotics airplane pilot Robert Pierce accuses Melton of defamation for leaking a false memo to The Clarion-Ledger and Gannett News Service. Lauderdale Circuit Court Judge Robert Bailey issued default judgment against Melton in August for lying in court documents, but the court has yet to render a decision on damages.

Danks did not return calls to the Jackson Free Press for this story.

Deputy City Attorney Pieter Teeuwissen, who was a partner with Danks in Danks, Teeuwissen and Associates, told the Clarion-Ledger that Danks has the most successful record of suing Jackson of any lawyers, so hiring him, in effect, will keep him from suing the city.

Previous Comments

ID

64756

Comment

This is asinine! All those lending their approval, should have their mental wellness called into question!

Author

K RHODES

Date

2005-10-12T18:48:07-06:00

ID

64757

Comment

I didn't know George Hamilton was a lawyer in Jackson...

Author

Lori G

Date

2005-10-13T07:09:48-06:00

ID

64758

Comment

*spews coffee* Okay, now we're even! Cheers, TH

Author

Tom Head

Date

2005-10-13T08:33:09-06:00

ID

64759

Comment

I made myself laugh with that one. But, it was seriously the FIRST thought I had when I saw that picture at 7am this morning.

Author

Lori G

Date

2005-10-13T09:13:08-06:00