Jackson Jambalaya

Clinton Mayor Phil Fisher issued the following statement.



Recently, City of Clinton has had problems in the defense of felony cases originating within the lawful jurisdiction of the municipality.

Clinton leadership is concerned, that unless this issue is addressed and brought to light, the effective prosecution of criminals and the public safety of residents could be placed at risk.

Of issue is an extremely serious point relative to the constitutional prosecution and defense of defendants in a criminal proceeding.

The Hinds County Public Defenders office’s (HCPD) refusal to represent indigent felony Defendants as assigned by the City of Clinton Judge in clear conflict with Mississippi Code § 21-23-7 (Powers and Duties of Municipal Judge). The municipal court judge “may conduct preliminary hearings in all violations of the criminal law of this state occurring within the municipality…”

At issue is the refusal of the Hinds County Public Defender’s office to handle preliminary matters in Clinton. This refusal to participate in Clinton’s Municipal Court began several years prior.

Previously, the Hinds County Public Defender refused to attend the City of Clinton court, so the City prosecutor would go to the Hinds County Courthouse. Despite attending court in Hinds County, cases would languish due to absentee judges or other unexplainable circumstances.

State law requires that all defendants receive an initial appearance within 48 hours of charges and must receive a preliminary hearing within 14 days if requested. Defendants must receive an indictment within 90 days.

Due to the inability of the cases to progress through the Hinds County Court system, the City of Clinton now conducts preliminary hearings in Clinton Municipal Court in accordance to applicable state statute.

Clinton Municipal Judge Steven Boone appoints the City’s Public Defender for the preliminary hearings and then binds them over to the Grand Jury. Once a case is sent to the Grand Jury, the case is handed over to the Hinds County Public Defender’s Office in accordance with state law.

According to Clinton Municipal Judge Steven Boone, “the City of Clinton has the statutory authority to conduct all preliminary hearings for misdemeanor and felonies occurring within our lawful jurisdiction.”

Hinds County Public Defender’s Office representatives have now created a constitutional quandary by refusing to represent the defendants. As a result, many defendants languish in jail without indictment.

In refusing to represent indigent defendants, the HCPD is asserting that the City of Clinton does not have legal authority to hear preliminary hearings in the City Court. (Reference: Miss. Code § 21-23-7)

Hinds County Public Defender’s Office representatives are mistakenly referencing state statute, Supreme Court rulings, and Mississippi Rule of Criminal Procedure (MRCP) in relation to appointment of Clinton Public Defender to represent felony cases in Clinton Municipal Court.

In their first objection to accepting Clinton cases, the HCPD representative references an En Banc order from the Mississippi Supreme Court relative to Miss. Code 25-32-9. This case and subsequent order, is in regards to a Circuit Judge attempting to remove HCPD from cases. Wherein, Clinton Court officials are attempting to to get the HCPD to represent our indigent defendants.

A second objection erroneously cited by the HCPD office is Miss. Code § 25-32-1 where they claim that only the Board of Supervisors have authority to establish a public defender’s office. Nothing in the statute precludes a municipality from appointing a public defender. City officials are willing to allow HCPD counsel to represent cases in Clinton, it was only after HCPD refusal to represent indigent defendants in Clinton and cases being delayed in the Hinds County Court that Clinton Municipal Court Judge Steven Boone began the current procedure.

Third, the HCPD erroneously cited Miss. Rule of Criminal Procedure (MRCP) 7. City officials are appointing the City Public Defender to represent indigent defendants as a last resort, when no representative of the HCPD office is in attendance.

In reference to MRCP 6, which outlines procedures for a preliminary hearing, city officials are in clear constitutional compliance by ensuring that defendants receive a preliminary hearing within 14 days if requested.

Efforts to appoint legal counsel for indigent individuals in felony cases arising within Clinton’s lawful jurisdiction have been met with continued road blocks from the Hinds County Public Defender’s Office. These continued obstructions threaten the constitutional rights of defendants and subject the entire criminal justice process to unnecessary derision.

“Once a case is bound over to the Grand Jury, we (City of Clinton) have no jurisdiction on the case. It is the responsibility of the District Attorney’s office to present the case for indictment and the HCPD office to represent indigent defendants once they receive the case from the DA,” Judge Boone added.

Three takeaways that must be addressed to protect the Constitutional Rights of defendants and victims are:

1) the Municipal Judge is acting within his statutory authority as the charges originate in the City of Clinton with Clinton PD as the arresting officer(s)

2) The Municipal Judge tries to appoint the Hinds County Public Defender and has offered to make sure the office is advised of the schedule

3) When no one from the Hinds County Public Defender’s Office is present, the Municipal Judge appoints our Public Defender (it is imperative to the City that all defendants needing Counsel are afforded that constitutional right)

“It is the expectation of every resident of Clinton to be safe and secure in their own community,” stated Mayor Phil Fisher. “It is unconscionable for the Hinds County Public Defenders office to allow criminal cases to go undefended in violation of constitutional rights.”

Kingfish note: The dispute started two months ago. Judge Boone stated in a February 26 email that he would refuse to move preliminary hearings (for felony suspects) to the Hinds County courthouse (p.1).   Ms. Harris responded the next day:

Since there still seems to be some misunderstanding with regard to the municipal courts authority, I am attaching two documents for your review. The first is Appendix I to an order entered by Senior Circuit Court Judge Tamie Green, whom I have also added as a recipient to this email; that sets out the guidelines for court appointed counsel. If you look at subsection (1) it specifically states that all indigent felony appointments will be assigned to the Hinds County Public Defender's Office. The order and this appendix were entered December 1, 2011. The second document is a portion of the En Banc Order entered by the Supreme Court of Mississippi in 2015 which addresses the appointment of public defenders to represent indigent defendants. In that ruling the Court held that by operation of law, the public defender becomes counsel for indigent defendants as soon as they sign affidavits stating that they are unable to employ counsel (which must be done at the initial appearance) . Municipal court public defenders are appointed to handle misdemeanor cases and the Hinds County public defenders handle all felony cases.

The agreed upon procedure that was reached on Monday was that after the initial appearance, Rose will email all information with regard to appointed cases to our office manager, Shondra Dotson. Once the information is received our office would move forth with the scheduling of the preliminary hearing. The decision as to whether the preliminary hearing will be held in Clinton or transferred to County court is made by our office as counsel for our clients....

Ms. Harris wanted to make sure Clinton got the point so she sent another letter on March 11.   She disputed the city's right to appoint public defenders if no one from her office appeared to represent the accused.  She declared that her office has the sole right to represent the defendant once he signed an affidavit of indigency and asked for a public defender. She accused Judge Boone and the city of Clinton of breaking the law in appointing counsel.  She threatened to sue Clinton if Judge Boone continued to appoint counsel to represent felony suspects. (p.5)

 Judge Boone took strong issue with the Hinds County Public Defender and fired back through an email later that day:

I respectively but vigorously disagree with you regarding the law being broken in order to hold  preliminary hearings in the city of Clinton. Your statement that this court is intentionally breaking the law is false and inflammatory  and could not be further from the truth.

I further respectively disagree that you have provided any legal authority that contradicts my authority to hold a preliminary hearing in the City of Clinton.

Under Miss. Code § 21-23-7 (Powers and Duties of Municipal Judge) the municipal court judge "may conduct preliminary hearings in all violations of the criminal laws of this state occurring within the municipality ... "  To my knowledge this statute is up to date and you have provided nothing that would contradict the referenced statute.

The scrum continued through April.  Ms. Harris told Judge Boone her office would not accept any such cases unless appointed at the initial appearance or ordered to take the case by a Circuit Judge.

Mayor Fisher said today that Ms. Harris was "absolutely wrong" to refuse to try cases because they were in Clinton municipal court.

Ms. Purvis said she became aware of the practice when Kenny Lewis notified her that Judge Boone was appointing counsel to felony suspects.  She said her office only has twelve attorneys.  She said she was not disputing the Court's authority to conduct preliminary hearings.  She said the biggest "logjam" takes place between the preliminary hearing and the indictment.