Thursday, April 16, 2015

Legislature appeals Kidd's decision.

Lieutenant Governor Tate Reeves and Speaker of the House Philip Gunn issued the following press release:


JACKSON – The Mississippi Legislature today appealed the decision of a Hinds County Judge who refused to approve the Initiative 42A ballot title agreed upon by Attorney General Jim Hood and legislators. 

The notice of appeal was filed at the Mississippi Supreme Court. Legislators will argue the Hinds County Circuit Court overstepped its constitutional authority in contradicting the actions of the Office of the Attorney General. 

The legislative alternative, known as Initiative 42A, ensures public schools are effective in educating Mississippi’s children without subjecting statewide education policy decisions to a single judge in Hinds County. The Legislature passed the initiative to provide Mississippi voters with an alternative to Initiative 42, which allows a single Hinds County judge to make decisions that will have far-reaching consequences for the entire state.  

This dramatic shift in power away from locally-elected legislators is likely to result in significant tax increases, drastic cuts in state priorities – such as funding for universities, community colleges, University Medical Center, roads, bridges, water and sewer systems, and even agricultural programs – or both. 

Initiative 42 and Initiative 42A will be on the Nov. 3 ballot. Voters can also choose not to change the Constitution by voting “no” to both options.

In a joint statement, Lt. Gov. Tate Reeves and House Speaker Philip Gunn said, “We appreciate General Hood for working with legislators to phrase the ballot language, and we do not believe this circuit court can override his authority. This one Hinds County Judge decided his opinion was more important than the majority of the members of the Legislature, including the elected Lieutenant Governor and Speaker of the House, the Secretary of State and the Democrat Attorney General. His actions are precisely why Mississippi voters should be scared to death of Initiative 42. We have warned voters from the beginning that Initiative 42 allows for one judge in Hinds County to decide how to spend billions of your tax dollars on education funding and slash other state services like higher education and infrastructure needs. Our forewarning has come true – those who were not happy immediately ran to a judge in Hinds County to seek relief in their favor. This will happen again and again if Initiative 42 passes.”

Kingfish note: Its Judge Kidd. What do you think will happen on appeal.  School takeover, Open Carry law.....


Anonymous said...

Um, I thought the statute said there was no appeal?

"The court may hear arguments, and, within ten (10) days, shall render its decision and file with the Secretary of State a certified copy of such ballot title or summary as it determines will meet the requirements of Section 23-17-9. The decision of the court shall be final."

Anonymous said...

Are you making a book on this one Andy?

Anonymous said...

Kidd can't handle one courtroom but wants to handle state education. Good grief that is obsurd. Just think, a democrat with billions at his disposal. Looks like D. C. all over.

Anonymous said...

Don't think "final" means "not appealable." Most judgments that are appealed are final judgments. In fact, isn't being "final" a prerequisite to appeal?

Anonymous said...

Anderson, surely the legislature didn't intend to use ordinary English words in their ordinary sense. Take your statutory interpretation of the plain meaning of this statute elsewhere!

Anonymous said...

8:10, that has to be the argument, but then the language becomes surplusage ... why even say that, if it's just "final" like any judgment is "final"? And it's a rule that one tries not to write off a statutory phrase as surplusage.

I would be interested what other statutes refer to "final" decisions like that.

Anonymous said...

Well...initiative 42 wouldn't be necessary if our legislature didn't want to gut public education in general, take over complete control of education and be able divert or eliminate education funding.

They certainly do not like checks and balances on their power.

And, they wouldn't want to be forced to spend any portion of a surplus on education when it could be better spent on a " venture capital" or " meat packing" project!

We certainly don't want courts to protect us from corrupt government.

We all know that government rather than professional educators are better at educating our children, that's why our educational system has improved so much since every citizen and elected official thinks they are experts now.

The days when parents told kids to respect their teachers , behave in class and listen and learn are over.

We don't want our children to be smarter than we are or learn things we don't want them to know or think for themselves when we could control their thoughts! To hell with independence or freedom of thought and certainly knowledge is dangerous!

Anonymous said...

Bottom Line:

Republican leadership in the Legislature will spend $400 million more on public education in Mississippi this year than the Democrat leadership spent 4 years ago. Of that money, Republican leadership in the Legislature will spend $275 million more on K-12 public education than the Democrat leadership spent 4 years ago.

That is a FACT.

Anonymous said...

Seek out a mental health professional as soon as you can 7:15 AM. Your comment is delusional.

Anonymous said...

"We all know that government rather than professional educators are better at educating our children, that's why our educational system has improved "

Um, reminder here - if this "government takeover" is so recent, how do you explain the "worst in the entire country" rating the state's educational system enjoyed for about a century before that, when Democrats and "professional educators" controlled everything.

If we had gone from "first to worst" in the last 10 years or so you might have a valid point. But we didn't, so you don't, so move along.

Anonymous said...

Anderson - looks to me like the language you refer to speaks to the "initiative" itself, not the alternative of the legislature. Guess this is what lets lawyers make a living, applying different interpretations of statutes. For my money, I'm betting on this actually being appealable and that this language only applies to the ballot language for the initial I&R petition.

Another interesting aspect - the re was a suit filed against the initial language and it was thrown out of (Hinds County) court last year on a technicality. As is the norm, it obviously depends on what Judge you draw in our capital county.

Sideshow tickets available here.. said...

Damn. Guess this makes me question what I read in the CL and hear on their opposite, the JT show. They have been telling me that this is final and can't be appealed.

Pass the popcorn, please.

Anonymous said...

This is Winston Kidd.

The guy who, on the open carry law in 2013, worked with the Southern Poverty Law Center to get cameras and supporters set up in the courtroom before the AG's office was even notified that a lawsuit had been filed, gave the AG folks 30 minutes to show up, then conducted a farcical 1 hour ambush proceeding in which he struck down the law, finding it unconstitutionally vague because it gave a MORE detailed definition of "concealed" than had ever appeared in MS law.

He will be summarily slapped down by the Supreme Court here just like he was there.

Anonymous said...

"Final" means "appealable" in the Mississippi Code.

See Miss. Code 9-3-9:

"The Supreme Court shall have such jurisdiction as properly belongs to a court of appeals, and shall hear and determine all manner of pleas, complaints, motions, causes, and controversies, civil and criminal, which are now pending therein, or which may be brought before it, and which shall be cognizable in said court; but a cause shall not be removed into said court until after FINAL judgment in the court below."

The reason the ballot initiative review statute says "final" is to make it explicit that it IS appealable -- i.e., to satisfy 9-3-9. If you think the Supreme Court is going to read it any other way, you've never practiced before them.

Anonymous said...

When the legislature means to say something is not appealable, the Code uses the words "not appealable." See, for example, sections 63-11-26 and 51-9-115.

For any licensed lawyer to argue that the word "final" precludes an appeal is laughable.

For non-lawyer PR employees in the secretary of state's office to go on record to the media saying that the decision is not appealable is just sad.

Anonymous said...

Well, well,well...just got a robo call that describes initiative 24 as allowing the sale of marijuana to fund education.

Sleaze...just sleaze!

Should be ALL anyone needs to know to be sure to vote FOR 24!

Anonymous said...

Guess 5:27 needs the legislature to hurry up on the dyslexia bill...

Anonymous said...

4:07 - we all know from previous statements from King Dilbert's office that whenever he 'opines' on anything it probably is going to be wrong. Remember last year in the McD campaign for contest when the SOS 'opined' on the timeframe for filing a contest? Didn't bother to read (or didn't understand) the statutes then. No reason to believe that he understands this any better now.

Dilbert thinks he ought to open his mouth and comment on everything, and once he does it should be the law because of his dictate. Once this hits the Supremes, it will be more egg on his face (and all the others that spouted the 'non-appealable' bs.)

Anonymous said...

5:27: Initiative "24"??? Sounds like the robo caller is concerned about the wrong initiative. Marijuana may have struck again!

2016 Hottest Reporter Poll

Suscribe to latest on JJ.

Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Who is the hottest reporter?


Who is the Hottest Reporter in Jackson?

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.

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