I still can not get a hearing date for my motion to intervene filed against Hinds County and Motorola nearly 16 months ago. Apparently statutes mean nothing in Hinds County even if the chancellors are imported from other counties.
Hinds County sued Motorola in Hinds County Circuit Court several years ago. Hinds claimed it incurred damages after Motorola allegedly allowed Ridgeland and Madison to "bootleg" off of the county radio system. Attorney Precious Martin represented the county on a contingency- fee basis. Mr. Martin is the husband of Hinds County Board of Supervisors attorney Crystal Martin and son-in-law of Senior Hinds Chancellor Patrice Wise. The case settled in 2011 after it went to trial for two days.*
JJ filed a public records request for a copy of the settlement. Hinds County notified Motorola of the request. Motorola then filed a petition in Hinds County Chancery Court to seal the settlement. This correspondent filed a motion to intervene in the case so as to oppose the proposed sealing. Hinds County opposed the motion to intervene.
The case was assigned to Chancellor Dewayne Thomas. Judge Thomas refused to set a hearing date despite the fact the law specifically states the court has to give a public records lawsuit the first available hearing date. I filed a motion to recuse at the end of the year. All Hinds County Chancellors recused themselves and the Supreme Court appointed retired Rankin County Chancellor Thomas Zebert to hear the case. Judge Zebert then appointed Judge Buffington (retired) as a special master.
No hearing date has been set for the case. I filed a motion to schedule a hearing in May. Attorney Curt Crowley represents JJ in this matter. Still no hearing has been set despite the case being filed nearly 16 months ago.
Earlier post with motion to intervene, Post about Hinds response, Precious Martin contract, Judge Thomas does not set hearing
SEC. 25-61-13. Proceedings to compel public access to records; procedure; remedies.
(1) Any person denied the right granted by section 25-61-5 to inspect and/or copy public records may institute a suit in the chancery court of the county in which the public body is located, and the court shall determine whether such public record is exempt from the provisions of this chapter, and in making such determination the court shall take into consideration any constitutional or statutory law or decision of any court of this state or the United States or any rule of common law. Process shall be served on the proper officials according to law.
(2) In any suit filed under subsection (1) of this section, the court has the authority to prohibit the public body from withholding the public records, to order the production of any public records improperly withheld from the person seeking disclosure, and to grant such other equitable relief as may be proper. The court, on its own motion, may privately view the public records in controversy before reaching a decision.
(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 term time or in vacation.
(4) Any suit filed under this section shall be subject to all the rights and rules of appeal for other suits arising in chancery court.
Wednesday, September 5, 2012
JJ unable to get court date in Motorola case
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9 comments:
Stay with it, KF. Don't give up.
So it sounds like you are having the same problem Jim Hood had before Judge Wingate. Your options are the same, file a petition for mandamus with the Mississippi Supreme Court. Be careful though because if you too get an adverse ruling from Chancellor Buffington then you will have to post just as stupid a headline as you did when Hood was forced to seek mandamus and received a negative result. Its a small world.
I expect this case to wind up in the MSC one way or another. If I win at the trial court level, I suspect Hinds will file an appeal even if Motorola doesn't want to do so.
Buffington? Good luck.
I am pretty sure that Judge Zebert could not appoint anyone to hear the case. If he recused it would be up to Supreme Court to appoint. You may need to check the order appointing Buffington.(your attorney probably has.) Also I would have my attorney contact the Judge to get a hearing date. It is my understanding that appointed Judges that are retired may set their own dates for cases to be heard and unless contacted by either sides attorney will not know the status.
Maybe if you didn't piss everybody off..............
Perhaps a motion to intervene isn't the best way to pursue this kind of matter. Why not file your own action? At least then you're a party without having to have a hearing about it.
I think he said that Buffington was appointed as a special master, not as a judge....
Damn Anderson, you and I are in agreement again. Beginning to worry about you - or me?
But same answer I gave KF months ago - Buffington? Good luck!
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