Attorney Curt Crowley filed a motion for recusal yesterday in Hinds County Chancery Court on behalf of this website in Motorola v. Hinds County. Jackson Jambalaya filed a motion to intervene on May 24, 2011 seeking a copy of the settlement agreement between Hinds County and Motorola. JJ filed the motion for recusal after numerous efforts to obtain a hearing date from the court were unsuccessful.
Mr. Crowley sent a request to the court via email requesting a hearing date on June 1, 2011. Mr. Crowley called the court and left messages. Mr. Crowley finally sent a letter on September 16, 2011 to the court with the same request. Judge Thomas still did not set a hearing date despite what Mississippi Code Section 25-61-13 states:
"(3) Proceedings arising under this section shall take precedence on the docket over all other matters and shall be assigned for hearing and trial at the earliest practicable date and expedited in every way. Such suits may be heard in termtime or in vacation."
Hinds County retained Attorney Precious Martin, husband of board attorney Crystal Martin and son-in-law of the senior chancery judge, to pursue legal action against Motorola. The county signed a contingency fee agreement with Mr. Martin. The two parties settled the case.
This correspondent filed a public records request with Hinds County seeking a copy of the settlement in the lawsuit. Hinds County did not fulfill or deny my request but instead notified Motorola. Motorola filed a petition for a protective order in Hinds County Chancery Court requesting the court permanently seal the settlement. This correspondent filed a motion to intervene asking the court to order Hinds County to release a copy of the settlement agreement. Hinds filed a response opposing the motion. See links posted below for copies of the documents filed by each side.
It is the position of this correspondent that since Hinds County IS a public body, the settlement is a public record and the public is entitled view it. The case is civil, not criminal in nature and is not part of an investigation. Such accountability is the foundation of representative government. The court will be the proper forum for me to discuss the merits of this motion.
The motion states:
"The movant has attempted for more than six months to set his motion to intervene for hearing, bu the Court has failed to set the matter for hearing or respond to movant's counsel's requests to set the motion for hearing. The failure of the court to set the motion for hearing has caused unjust prejudice to the movant and to the public, as the delay has enabled Hinds County to hide the expenditure of public funds form the personal enrichment of public employees and their relatives. The Court's inaction on the motion to intervene is likewise disturbing because the delay in adjudicating this matter violates the provisions of Mississippi Code Section 25-61-13*. Viewed in the totality of the circumstances, the unjustified delay in setting a hearing or ruling upon the motion creates the appearance of impropriety.
All Chancellors in this district previously recused themselves in related public records litigation between these same parties (see post linked below). That litigation involved public records sought by Motorola to assist it in defending the Circuit Court action filed by Hinds County. If recusal was warranted in the previous litigation, it is certainly warranted in the instant case. Unlike the previous litigation, the instant case involves the expenditure of public funds to insiders. At least one of those insiders is a close relative of the Senior Chancery Judge in this district. The Chancellors of this district should recuse themselves for the same reasons they recused themselves in the previous case.
Judge Thomas either currently or recently has a financial interest in other litigation, wherein he served as co-counsel with Precious T. Martin, Sr., the attorney in the instant litigation (From the footnote: Two antitrust cases were appointed as "Special Assistant Attorney General" to prosecute for Mississippi. Upon information and belief, the attorney's fees from one or both of these actions have not yet been awarded and disbursed. Judge Thomas and Mr. Martin both have a "continuing pecuniary interest in the outcome of these cases."). The business relationship between Judge Thomas and Mr. Martin gives the appearance of impropriety, as this relationship would cause a reasonable person to doubt Judge Thomas' impartiality in this case.
The public funds referenced in the records in issue were used in part for the personal enrichment of Crystal Wise Martin, who serves as Attorney to the Hinds County Board of Supervisors. Mrs. Martin is s the wife of Precious Martin. Mrs. Martin is also the daughter of Judge Patricia D. Wise, the Senior Chancery Court Judge in this district. As stated previously, Mr. and Mrs. Martin have a strong personal interest in avoiding disclosure of these records. Any ruling adverse to Hinds County would also be adverse to Mr. and Mrs. Martin. Considering that Mrs. Martin is the daughter of the Senior Chancery Judge in this district, a reasonable person would have doubts as to whether the Chancellors in this district could render a judgment adverse to Mrs. Martin's personal interests.
These facts, either singularly or cumulatively, necessitate the recusal of Judge Thomas and the Chancellors of the Fifth Chancery Court District. There exists a strong appearance of impropriety in the Chancellors of this district presiding over this case. A reasonable person, knowing all these facts and circumstances, would question the impartiality of the Chancellors of this district. For this reason, the movant respectfully requests that Judge J. Dewayne Thomas and all other Chancellors in the district recuse themselves from further participation in this case. The Movant further respectfully requests that this matter be referred to the Mississippi Supreme Court for the appointment of a Special Chancery Judge.
*Mississippi Code Section 25-61-13:
"(3) Proceedings arising under this section shall take precedence on the docket over all other matters and shall be assigned for hearing and trial at the earliest practicable date and expedited in every way. Such suits may be heard in termtime or in vacation."
JJ files response to Hinds County
Hinds response
Hinds files response and tries to keep settlement secret
Motion to intervene post
Motorola public records lawsuit against Hinds
Precious Martin has a sweet contract
Note: WLBT is joining in the motion to intervene. Other media outlets, yes, including the JFP, are welcome to contact us if interested in doing so as well. A government agency filing lawsuits and then sealing agreements involving such large sums of money and family relationships is indeed a matter of concern for the fourth estate.
Friday, December 9, 2011
Judge Thomas does not set hearing. JJ files motion for recusal.
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Trollfest '09
Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.
Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).
Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.
Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".
In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.
In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.
Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.
Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!
This is definitely a Beaver production.
Note: Security provided by INS.
Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).
Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.
Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".
In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.
In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.
Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.
Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!
This is definitely a Beaver production.
Note: Security provided by INS.
Trollfest '07
Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.
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!!!
This is definitely a Beaver production.
Note: Security provided by INS.
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!!!
This is definitely a Beaver production.
Note: Security provided by INS.
5 comments:
So, after a quick scan, it looks like Judge Thomas is lining his own pockets and is on the take. Am I wrong?
Sure looks like it.
I don't think a man with a motion before the court would be wise to answer that question,do you?
A fellow with a motion before the court wouldn't want to answer that question, assuming his sanity.
Are y'all accusing me of being sane?
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