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When Fulton Superior Court candidate Mark V. Spix used his Web site to attack Judge Bensonetta Tipton Lane he quoted none other than the Fulton County Daily Report. In a prominently posted passage, Spix’s site lambastes Lane for running “an inefficient court,” says she appears “unable to be fair to both sides in criminal trials,” and goes on to assert she gives victims’ rights “short shrift.” Citation: “ Fulton County Daily Report (4/7/04).” While those very words did indeed appear in the Daily Report, the attribution leaves out one key fact: We didn’t say them; Spix did. He made the remarks when asked for comment in an April 7 story on the campaign. So, when Spix quoted the Daily Report, he was really quoting himself, as reported in the Daily Report. “I didn’t read it the way you’re reading it,” Spix said when the attribution was brought to his attention. “But I will change it.” On Tuesday, Spix changed the attribution of the quoted material to “Mark Spix/ Fulton County Daily Report (4/7/04)” At a Monday night campaign event, Lane challenged Spix’s comments and said her opponent twisted the truth. “I was disappointed to see he would use that kind of distortion,” Lane said. “And, I’m looking forward to seeing his evidence that my courtroom is run in an inefficient manner.” Spix explained that visitors to his Web site, http://mark-spix-judge.com, could place the comments in their proper context if they simply read the full text of the Daily Report article, which he posted elsewhere on the site under a section called “Press Release.” “If I was trying to pawn this off as something you said, I never would have put the full text of the article on the site,” Spix told the Daily Report. That too, however, posed something of a problem, since Spix posted the full text of the April 7 article without having obtained the Daily Report‘s permission. Made aware of that bit of a copyright problem, Spix has promised to remove the full text from his Web site. In another section of his campaign home page, Spix said his experience includes being a “legal expert for the AJC and Fulton Daily Report.” Since 1999, the Daily Report has written 25 stories involving Spix. All but three of them were news articles involving Spix’s own work. The three times the Daily Report used Spix as an outside expert were for the Ray Lewis trial, the Gold Club trial and for the arrest of a Georgia Tech football player. Michael B. Terry, a partner at Bondurant, Mixson & Elmore who heads the Atlanta Bar Association group monitoring the Fulton Superior and State Court judicial races, said he would not comment on this particular incident because he had not seen the Web site but he offered judicial candidates some general advice. “It’s the position of the Atlanta Bar and its committee that judicial candidates should refrain from any sort of statements or solicitations or advertising that is misleading in any way,” he said.

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