Friday, May 29, 2009

Does Chancellor Dewayne Thomas owe some money?

Section 23-15-807 of the Mississippi Code:
"(a) Each candidate or political committee shall file reports of contributions and disbursements in accordance with the provisions of this section. All candidates or political committees required to report may terminate its obligation to report only upon submitting a final report that it will no longer receive any contributions or make any disbursement and that such candidate or committee has no outstanding debts or obligations. The candidate, treasurer or chief executive officer shall sign each such report.
(b) Candidates who are seeking election, or nomination for election, and political committees that make expenditures for the purpose of influencing or attempting to influence the action of voters for or against the nomination for election, or election, of one or more candidates or balloted measures at such election, shall file the following reports:
(i) In any calendar year during which there is a regularly scheduled election, a pre-election report, which shall be filed no later than the seventh day before any election in which such candidate or political committee has accepted contributions or made expenditures and which shall be complete as of the tenth day before such election;
(ii) In 1987 and every fourth year thereafter, periodic reports, which shall be filed no later than the tenth day after April 30, May 31, June 30, September 30 and December 31, and which shall be complete as of the last day of each period; and
(iii) In any calendar years except 1987 and except every fourth year thereafter, a report covering the calendar year which shall be filed no later than January 31 of the following calendar year...."


Hinds County Chancery Judge Dewayne Thomas has apparently failed to follow the law and file his annual reports as required by law since he never filed a terminating report. Judge Thomas won election to his office in 2006. He last filed a report in periodic report on January 10, 2007.

The Mississippi Code specifies a candidate shall be fined $50 a day per violation up to $500:
"Section 23-15-813 (a)(ii) Beginning with the tenth calendar day after which any report shall be due, the Secretary of State shall assess the delinquent candidate and political committee a civil penalty of Fifty Dollars ($50.00) for each day or part of any day until a valid report is delivered to the Secretary of State, up to a maximum of ten (10) days."

Considering Judge Thomas has not turned in annual reports for 2008 and 2009, it seems he might owe $1,000 to the Secretary of State in fines.

List of Thomas's reports

Update:
Apparently another judge violated the law:
Judge Wise

5 comments:

Kingfish said...

Here is a thought.

Section 23-15-811:
(d) No candidate who is elected to office shall receive any salary or other remuneration for the office unless and until he files all reports required by this article due as of the date such salary or remuneration is payable. So if Thomas doesn't file his reports, can his salary be taken away for the time he was in violation?

Anonymous said...

Ok Fish, who cares about this? So he forgot to file his report and knowing Dewayne Thomas to be as absent minded as he is, I am sure he just forgot.

Anonymous said...

@12:16 who cares about your comment?

Unknown said...

If only there were some kind of chief prosecutor for the state who could go after things like this. Like a general lawyer who could prosecute on behalf of the state laws......

Do you remember when a 24-year-old Republican school teacher named Jeremy Martin had the audacity to challenge Jamie Franks for the state legislature? When he failed to file a campaign finance report within 48 hours of receiving a $2,466 contribution, Attorney General Jim Hood decided to prosecute him before the Hinds County Circuit Court.
Fast forward to May 31, 2009. Former Supreme Court Justice and current Simpson County Youth Court Public Defender Oliver Diaz, last time I checked, had yet to file his January 9 campaign finance report. Rather than 48 hours late, his report is/was hours, days, weeks, months late.

What are the penalties for failing to comply with campaign finance reports? Mississippi Code 23-15-811 says violations can result in a misdemeanor conviction with up to a $3,000 fine and/or up to six months in prison. In the very least, Diaz has moved beyond the maximum late charge of 10 days at $50 a day ($500 owed).

This might not be a big deal except when he was being prosecuted (and ultimately found not-guilty) of federal corruption charges, Oliver Diaz's defense team argued that the charges should not be federal corruption felonies, but just "a purported campaign finance violation, which would be a misdemeanor under Mississippi law." But they claimed the statute of limitations had passed to pursue those violations. Will they pass again this time?

If he wanted to argue the he only allegedly violated a state campaign finance law, now is his chance. But more than that, what kind of role model is he being to the kids he represents in Simpson County Youth Court, when he himself doesn’t follow the rules?

Anonymous said...

Obviously Martin wasn't a member of the Friends of Hood club or a family member of SCROOD (Scruggs n Hood).


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There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

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