CONWAY - The attorney for two women whose mother died in a Greenbrier nursing home that figures in an investigation of Circuit Judge Michael Maggio said Thursday that the sisters have filed a second complaint - this one against Maggio, nursing-home tycoon Michael Morton and political-action-committee creator Chris Stewart.
The new complaint, thistime filed with the state Ethics Commission, questions the timing of a request made last summer to Morton for his support of Maggio, who was seeking a seat on the Arkansas Court of Appeals. Maggio has since withdrawn from the race.
Under the Arkansas Code of Judicial Conduct, a judicial campaign committee is not supposed to solicit or accept contributions earlier than 180 days before an election, the election in this case beingMay 20 of this year.
It is unclear whether the person who sought the support for Maggio, before the 180-day period started, meant monetary support. Asked about that question Thursday, Morton said, “I think the exact words were ‘Would I support Judge Maggio in the appeals-court race?’
“I will tell you what has happened to me in the past,” Morton explained. “Anytime anybody has ever asked mefor support on a campaign … I just took it to assume they wanted more than my vote. It’s because I’ve given to so many campaigns. … That’s just the feeling that I’d have to have. I sure can’t put words to someone’s thoughts. I’m sure this Ethics Commission will be asking people what their thoughts were.”
Morton said his attorneys have told him not to comment further while the matter is under review, but he added, “Idon’t care what they review. I know that I committed no election campaign” law violations.
Maggio, 52, withdrew from the appeals-court race March 6 shortly after Blue Hog Report, a Little Rock-based blog, linked him to online comments about a wide range of topics, including women, race, bestiality and an actress’s adoption case that was confidential under Arkansas law.
The Arkansas Judicial and Disciplinary Commission is investigating that matter and allegations regarding campaign contributions that Morton and businesses he owns gave to seven PACs. As of Dec. 31, six of those PACs had donated almost exclusively to Maggio.
The Morton donations began July 8, the same day Maggio heard a request to reduce an award, made after a trial in May, against a Morton-owned facility in a negligence lawsuit over the 2008 death of patient Martha Bull, 76.
Three days later, Maggio cut a jury’s $5.2 million judgment against Greenbrier Nursing and Rehabilitation Center to $1 million.
Little Rock attorney Thomas Buchanan filed the Ethics Commission complaint Tuesday on behalf of two of Bull’s daughters, Rosey Perkins of Houston, Ark., Rhonda Coppak of Bigelow. The daughters had previously filed a complaint with the judicial panel against Maggio.
The Ethics Commission complaint says in part, “If what Mr. Morton says in [a March 14 Arkansas Democrat-Gazette] article is in fact true, it appears that judicial campaign money was being solicited long before six months prior to the election and that the money was put in PACs per the request of representatives of Judge Maggio’s campaign.
“Based on the Democrat-Gazette story, my clients would like the Commission to investigate the … PACs … and their officer Chris Stewart, as well as Michael Morton,Mr. Morton’s businesses that made the above-referenced contributions, Judge Mike Maggio, and any other individual or group that may be involved with any improper solicitation and/or contribution of judicial campaign funds,” the complaint adds.
Morton said earlier this week that a woman who worked for a political-consulting company started in 2012 by former state Sen. Gilbert Baker, asked Morton to support Maggio. The request came while Maggio was presiding over the lawsuit against the Greenbrier nursing home, said Morton, who owns 32 nursing homes in four states.
Morton said he couldn’t recall whether the oral request came during the lawsuit’s trial in May or while the judgment was under review in July.
Morton said he told the woman, Linda Leigh Flanagin, “‘Just send me something.’” He said someone later faxed himone sheet that listed the seven PACs and that it “said this was the Maggio campaign.” He said he then told his secretary to write checks to the PACs.
Flanagin also is listed as an “officer” on registration forms for one of those political action committees, the Conservative Persons In PAC.
Flanagin’s name is spelled both “Flannigan” and “Flanagin” on various documents filed with the secretary of state’s office. The online network LinkedIn lists a Linda Leigh Flanagin who describes herself as a political consultant in the Little Rock area and who says she attended the University of Central Arkansas.
Neither Flanagin nor Maggio returned phone messages Thursday.
Stewart, who is listed as the resident agent/officer on the seven PACs, also did not return a phone message Thursday. He said Wednesday that the PACs were not created with the intent to almost solely support Maggio and that he did not send the fax to Morton.
Baker, a Conway Republican, said he didn’t tell Flanagin to ask Morton to support Maggio. Baker said he hasn’t been involved with the company he started in 2012, LRM Consulting Inc., since he joined UCA in mid-January 2013. Last week, he had his name taken off the company’s incorporation document.
Morton or his businesses gave the seven PACs a total of $21,000 on July 8, records show. The PACs, in turn, gave Maggio a total of $12,950 as of Jan. 31.
As of Dec. 31, no one else had donated to six of the PACs, and only one other candidate had received anything - $500 - from those six PACs. A seventh PAC also got money from a beverage association in December, and that PAC gave money to more candidates than the others.
Northwest Arkansas, Pages 9 on 03/21/2014