Justice  /  Narrative

Judges Gone Wild

Bribery! Impeachment! Drug smuggling! Gambling! Justices getting drunk in the chambers!

In mid-November 1986, two women came into a funeral home in Jacksonville, Florida, to claim the body of Thomas Mills, who had succumbed to an aggressive case of cancer. The funeral director, quiet and circumspect as his profession necessitates, presided over a confusing situation. It turned out that “Thomas Mills” was a pseudonym. The women at the funeral home were the man’s current wife and ex-wife; each had married him under his given name: David Lucius McCain.

He had adopted his assumed name for two reasons. McCain was known as one ofthe most corrupt State Supreme Court justices in Florida’s history and was eager to outrun his reputation. But he was also literally on the run from federal and state authorities, who had been after him for years for his involvement in an off-the-rails drug smuggling scheme.

McCain’s fall from grace came at a time in American history heavy with the pong of political corruption, the same era as President Nixon’s resignation for his role in the Watergate affair. The widespread disillusionment with politicians was particularly pronounced in McCain’s home state. Numerous state officials faced charges in themid-1970s, but the ethical erosion was most acute in Florida’s highest court. Not only did McCain come under threat of impeachment but five of the seven other justices were also in serious trouble — all at the same time. Drinking in the chambers was rampant, and things got so bad that one justice was required to take a test to prove his own sanity.

The theatrical level of corruption was eye-opening even by today’s “Florida man” standards. Productivity slowed, high-level officials were put on blast, and voters and legislators from both sides of the aisle were eager to make an example of judges gone wild.

A McCain found himself caught up in this whirlwind, a ringleader whose deceit engendered scandal and distrust, creating a circus-like atmosphere that feels more than a bit reminiscent of today’s national political scene.

“There had been an odor emanating from the Florida Supreme Court for years,” recalls longtime Florida newspaperman Martin Dyckman, who played a significant role in bringing the corruption to light.

Many observers felt that the problems stemmed from the way justices were installed in office. At the time, Florida Supreme Court justices were elected by voters and campaigned as Democrats or Republicans, which left the theoretically impartial judiciary potentially in the pocket of the donors backing their campaigns.

Legislators had been trying to change this system since at least the 1940s, but it wasn’t until the leak of a questionable memo that reform was prodded into being.In August 1973, The Tampa Tribune ran a story describing a memorandum from theFlorida Department of Law Enforcement that discussed how several State Supreme Court justices had accepted bribes regarding their rulings on horse and dog racing.