Judge Larry Buffington granted JJ's motion to intervene at a hearing Wedsnday. JJ filed a motion to intervene after Motorola filed a petition to seal its 2011 settlement with Hinds County in Hinds County Chancery Court. Judge Buffington ruled he will hold another hearing to determine if any of the settlement should be sealed.
Attorney Curt Crowley filed a motion to intervene against Hinds County and Motorola for Jackon Jambalaya on May 24, 2011. 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.
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 nor is a minor involved. Such accountability is the foundation of representative government.
Hinds County objected to the intervention although Motorola did not oppose it. Attorney Precious Martin represented Hinds County at the hearing to oppose the intervention. Balch & Bingham represented Motorola but did not appear at the hearing as it informed the court it was willing to stand on the merits of its petition. Attorney Curt Crowley represented this website. Mr. Martin strongly objected to the records as he accused this correspondent of some slander: "He has defamed me on his website. He has defamed my wife and her character. I don't know what legal genius thought of these attacks but he defamed me." He later said "I'm one of his favorite targets". He then argued if the motion was approved "no settlement would be kept confidential." Mr. Crowley replied "that is the purpose of the public records act, to give everyone access to public records."
Mr. Martin argued I forfeited my right to intervene and I was "doing an end run" as I should have filed in Hinds County Circuit Court where the original Hinds-Motorola lawsuit was filed and settled. . Judge Buffington asked Mr. Martin how I could have intervened in circuit court when the settlement was not filed with the court. Mr. Crowley stated Section 25-61-13* of the Mississippi Code said public records lawsuits are to be filed in Chancery Court. The court agreed with Mr. Crowley and dismissed the "filed in the wrong court" argument.
Judge Buffington said my rights to records were based more on the fact I am a citizen of Hinds County than as a member of the media. Any citizen has the right to challenge the government." Judge Buffington said he wanted to hold a hearing in sixty days at the earliest possible date to determine whether to seal any or all of the settlement agreement.
No other media outlets joined the intervention. The Mississippi Press Association declined to participate.
Notes: What was interesting was Mr. Martin admitted the case went to trial. He stated "we picked the jury and then the case settled." If the case went to trial, Mr. Martin's share of any recovery jumps from 25% to 40%. Motorola paid Hinds County $1.5 million after the settlement. That amount did not include Mr. Martin's fees. Thus it is estimated if Mr. Martin earned 40% of the recovery, he received $1 million (40% of $2.5 million. 100 x 1.5 million/60 = $2.5 million.). Not bad work if you can get it.
As for defamation, if you want to hear defamation and slander, tune in to Mr. Martin's radio show every Friday night on WMPR at 7:00 PM. Yes, The Kingfish will post the transcript when it becomes available.
*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 termtime or in vacation.
JJ files motion to intervene
Hinds wants to keep settlement secret
JJ files response to Hinds County
Judge Thomas does not set court date
JJ unable to get court date
Copy of Precious Martin retainer agreement
Did Madison and Ridgeland really bootleg off of the system
Supers used report to sue Motorola
6 comments:
When the C-L calls to ask me to renew my subscription I refer the caller to this website and ask them to pass it on to the publisher. Oh yeah where do I sign up NOT!
I start to see some seven figure reasons why some parties have an interest in sealing this.
No doubt it's good paying work if you can get it. Thankfully I'm not eligible for this type of work for reasons of both DNA and upbringing.
Hi Precious. Thanks for reading!
You've done more for transparency and open records Kingfish than Donna Ladd has done in her entire lifetime.
Major kudos.
Time, its time! Thank you for your energetic work on this issue.
Excellent work KF!
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