Friday, August 15, 2014

Here comes the Judge.

Mississippi Supreme Court appointed Senior Judge Hollis McGehee to hear the Chris McDaniel election lawsuit. So much for some hometown justice in Jones County. 

Sent from my BlackBerry Q10.


Anonymous said...

KF: What can you tell us about the Judge?

NMissC said...

I have seen them appoint retired chancellors in circuit matters before, but it's interesting that they would do that.

I have had the impression in the past that they like to appoint judges who resolve things with dispatch in election contests. I don't know this particular judge, but that's been my experience elsewhere.

Anonymous said...

How did the appointment issue come up in the 1st place? Did Landrum recuse?

Anonymous said...

State law requires that the Chief Justice appoint a judge no matter where the case is filed.

Anonymous said...

This judge has been known to order sanctions for frivolous filings. See Balius v Gaines, 95 So.3d 730 Miss.App. 2012.

Anonymous said...

The procedure is for the Chief Justice of the MS Supreme Ct to appoint someone in election challenges.

Anonymous said...

Landrum, hell he never voted!!

John Pittman Hey said...

No, by law, election contests must all be heard by a special judge appointed by the Supreme Court Chief Justice. No recusals are required.

Anonymous said...

It's been my experience with two separate appointed retired chancellors that they are lazy and have not keep up with the law. One, in particular, after a 3 day trial and a lot of exhibits, took nothing with him and then adopted the other parties findings of fact and conclusions of law verbatim. Had to appeal and everything was overturned by COA

Anonymous said...

I thought election challenges got an appointed judge per state law.

Anonymous said...

Here is the statute

Upon the filing of the petition and bond as provided for in Section 23-15-927, the circuit clerk shall immediately, by registered letter or by telegraph or telephone, or personally, notify the Chief Justice of the Supreme Court, or, in his absence, or disability, some other judge of the Supreme Court, who shall forthwith designate and notify a circuit judge or a retired judge on senior status of a district other than that which embraces the county or any of the counties, involved in the contest or complaint, to proceed to the county in which the contest or complaint has been filed to hear and determine the contest or complaint, and it shall be the official duty of the trial judge to proceed to the discharge of the designated duty at the earliest possible date to be fixed by the judge and of which the contestant and contestee shall have reasonable notice, to be served in such reasonable manner as the judge may direct, in response to which notice the contestee shall promptly file his answer, and also his cross-complaint if he has one to prefer.

Anonymous said...

I have known Hollis for years - he was running for Chancery Court Judge the same year my dear and good friend Frank Barber was running for the new state Appeals Court (the baby court as Armis Hawkins called. Both won - we actually went to a lot of the same places campaigning in the 4th District.

Jim Craig said...

I wonder if Mr. McDaniel's lawyers knew about the requirement of an appointed judge.

For what it's worth, I have had a couple of cases with Judge McGehee and found him to be pretty well prepared and open-minded.

Anonymous said...

Hawkins pissed off all 10 appeals Court Judges with his remark! They were glad to see him go!

Anonymous said...

How can Mitch Tyner afford to try this case if he can't pay Madison County Taxes on 25 parcels of property and his law firm can't pay Madison County property taxes. Which bank lends money to someone like that? Please publish the name of his bank and I am sure the bank will have more new borrowers than they process.

Anonymous said...

How about this, 4:43.....None of your gDamned business.

Anonymous said...

Jim, bet that they didn't. Several weeks ago they were thinking they could get a jury trial - solely because they saw that happen in Hattiesburg last year. Would seem that this top-notch team of election experts could at least figure out how to read a couple of sections of 23-15 (the election statutes).

Anonymous said...

When I saw "Perry: State Audi!tor...", I thought it was about Rick Perry's indictment.

Poor Tyner and McDaniel and TTV!

Their source of power and money will be otherwise engaged

Frankly Amused said...

It's frankly amusing to sit here and read these posts from know it alls who don't even know the law on the matter. Pittman Hey had to weigh in and school all the Jackson area eggheads. What a hoot. And these are the people who voted for Cochran.

Anonymous said...

Just for the pure theater of it, I was hoping that Tommie Green would be appointed to the case. I would love to have seen McDaniel and company explain to her why all the black votes from Hinds County should be disqualified. I doubt any active judge could find the time on his/her calendar to handle this case as quickly as is needed to have the matter resolved by the general election. However, a retired judge somewhat concerns me because they don't have law clerks or support staff to assist in research and the drafting orders and opinions.

Anonymous said...

So in practical reality, one guy gets to decide who the next Senator will be. How cool is that?

"A Democracy of One"

Anonymous said...

6:43. the people have spoken and it's Thad Cochran. i pray this judge lets my HINDS county REPUBLICAN vote stand

Anonymous said...

6:43 pm...don't be silly

Anonymous said...

>>So in practical reality, one guy gets to decide who the next Senator will be. How cool is that?<<

I've got a better idea! Lets have an election and let the voters decide!

Anonymous said...

7:26 , yes, a redo-runoff is the most likely outcome, as I understand it from looking back at past election-challenge-lawsuits. The judge (and the appeals-judges if needed) will decide the question of whether a redo-runoff ought to be held, methinks, but not make an outright ruling on who the nominee is.

In their initial *intra-party* challenge, the folks on team McDaniel were asking the SREC (Nosef/Barbour/Perry/etc) to overturn the result outright, but the SREC refused to hear the challenge, preferring to let Haley's law firm Butler Snow try and whittle down the total number of illegalities and irregularities by disqualifying the evidence in court.

I have not heard what legal remedy the election-challenge-lawsuit specifically seeks, but I would guess that McDaniel's lawyers will ask the judge for a redo-runoff, which might happen in mid-to-late September if past challenges are a gauge. It would be technicallly court-administered, but probably run just like the previous r-runoff in practice (modulo the addition of observers).

Does anybody have some knowledge about what the appeals process is going to look like? Currently McGehee will hear the initial case in the location it was filed. If there is an appeal, does it go to the state Court of Appeals, and then to the Mississippi Supremes? Is there a possibility of an appeal to the federal courts? Thanks.

Anonymous said...

To 6:43

You just don't get it, do you?

One guy does NOT merely decide the next Senator. No way!

One guy decides whether GOP picks up 5 seats or 6 seats.

One guy decides who is the Senate Majority. One guy decides if Obamaacare stands or falls. One guy decides if there is impeachment.

Actually, I feel sorry for this one guy. One way, or another, his life is ruined.

Anonymous said...

10:19, once McD loses his challenge in the Circuit Court action, any appeal he may try would be to the Mississippi Supreme Court. Election appeals do not go to the COA.

Judge may well move the case from Jones County - its his discretion, although it could also come from a motion by Team Cochran. Just because McD was looking for home cooking, which his local CC has served up in previous election issues, the appointed Judge is not stuck with McD's venue. Convenience of the court, witnesses, other personel can all be cause for Judge to move the case outside of Laurel.

Anonymous said...

Did Judge Mcgehee retire or did he get beat in an election? I thought he got beat which would mean he would not be eligible to be a senior judge.

Anonymous said...

The " one man" is only deciding whether or not the majority of the voters in the Republican primary have already legitimately elected a nominee. He will do that based on evidence , not on speculation, imagination, and unsworn claims.

The " one man" is not deciding the election outcome. That was already decided by the people of Mississippi.

I frankly would welcome a " re-do" as it would humiliate McDaniel. I'd be surprised if he got 50000 votes next time.

Unknown said...

I have know Hollis for 50 years. He is a fine Christian man, an excellent judge and attorney, with a great knowledge of the law.

Old South Ball said...

Haley's boys are gettin' antsy. They've dropped the tailgates, opened the YETI coolers and found two warm long necks and no ice. What will they do now? They're outa weed, no more beer, low on petrol, not a wing in sight and dad wants the truck back by morning.

Anonymous said...

Any realist has got to admit that Team McD is standing onShakey Ground.

Anonymous said...

My first reaction is omg, people I am friends with really believe this is a stolen election. Second is, this is really sad they do. Third is thank god it's just a few.

Anonymous said...

Fourth is..........It's YOUR Yeti Cooler.

Anonymous said...

8/15 @ 443. Madison Countonians tend to take care of Madison Countonians. There are three banks that usually lend to Madison countonians regardless of their circumstances because of their ties to the home town. I'll give you a hint- one starts with a "B" another starts with "M", and there's one that starts with a "T" in Canton. the" T" Bank in Canton is treated as an individual entity so they really don't have to answer to many people. There are some big dogs that work in those banks that have close ties to Canton especially the one that starts with a "B". It's not just one person they lend to- its many of the big old players (many in real estate and construction business). Canton is the seat of the old-time families in Madison County. If one is not from this area one would not know. But don't just pick on Mitch there are lots of players bigger than him - stories that would knock your socks off....Fish too big to fry in a little pan.

Anonymous said...

8/16@1139 - you are lame.. You planted that little tree from the other side. Do you think a pecan just fell and hit me on the head? Please!

Anonymous said...

8/15@1019 you mentioned Haley's law firm and referred Butler Snow. That is interesting. Now it's all coming together. Is that the real reason a particular state entity (bbbbig one) uses Butler Snow? ...and is that the reason when he was governor--- oh nevermind I should not say anymore. Wow. Hhhmmmmm. . Welllll, I have a suggestion I think all state entities, yes including IHL, should take bids regardless of the cost when using attorneys for any legal matter.

Anonymous said...

oh sorry I was pointing out that you guys left out the Yeti coolers but as I read further no one forgot!!! Hahahahaha

Anonymous said...

10:19, there is not (rumor has it) any court-of-appeals process for an election challenge; after the decision by McGehee, which is current scheduled to happen October 6th, next stop is the state supreme court (if any appeal is made).

Even without an appeal, scheduling the redo-runoff would require a bit of time and campaigning. I suppose the judge might set the redo-runoff to happen in mid-to-late October, followed almost immediately by the election the first week of November... but that assumes no appeal, which seems unlikely given past history of the lawyers (for team McDaniel and also for team Cochran).

There is a possibility that the challenge-lawsuit will be dismissed by McGehee, after which the dismissal might be confirmed by the MSSC quickly. However, if McGehee hears the case, and decides in early October, the appeal would be heard by the MSSC during October. There is also potentially a federal appeal, and although that seems unlikely to me, plenty has already happened that seemed unlikely to me, so I won't rule that wrinkle out either.

Hypothetically, then, it seems possible that the final decision might come after the November election. In such a case, rumor has it that the redo-runoff would be scheduled for early December, and then if needed, the redo-general-election would be scheduled for late December (McDaniel vs Childers).

It is even an outside possibility that the election-challenge would not be resolved until sometime in 2015, with the person elected in November actually being seated in the senate and casting votes for the majority leader and whatnot, prior to any redo-elections.

What does seem certain, though, is that any debates may be over by the time the legal situation resolves itself.

Childers says he has "accepted an invitation" to a debate at Ole Miss... anybody know more about the timing here, and more importantly, if Cochran will also accept an invite to debate? Or perhaps, if Childers and McDaniel will debate?

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