Friday, March 27, 2020

Supremes: Courts Must Stay Open

The Mississippi Supreme Court issued the following statement. 


Seven members of the Mississippi Supreme Court gathered in a large conference room on Thursday with two more participating via teleconference as the state’s highest court continued to deal with how to keep all courts open while protecting public health and safety. 
 

            The Supreme Court since March 13 has issued seven emergency orders regarding court operations related to COVID-19, the novel coronavirus, and more orders are expected. The Supreme Court has ordered that courts must remain open for business while taking appropriate steps to protect public health and safety. 

            The March 13 first Emergency Administrative Order said, in part, “In compliance with the Constitution, all state courts – municipal, justice, county, chancery, circuit, and appellate courts – will remain open for business to ensure courts fulfill their constitutional and statutory duties. See Miss. Const. Art. 3, §§ 24, 25, 26, and 26A. Courts should continue normal business matters as much as possible.” The Supreme Court in subsequent orders  repeated the Constitutional requirement to keep courts open while taking steps to protect people and slow the spread of the coronavirus.



            “All of these orders were designed to keep justice moving,” Chief Justice Mike Randolph said in an interview. “I am really concerned about public health and safety. I am really concerned about fulfilling our Constitutional duties” to keep courts open.

            “Especially in times like these, with a national emergency, nerves are frayed and people are scared. That’s when the courts have to be at their strongest, to make sure that we promote the public peace and ensure domestic tranquility,” Chief Justice Randolph said.

            Since the adoption of the first Emergency Administrative Order on March 13, the Supreme Court has given trial judges discretion to craft plans to address the specific  needs of their courts.

            “They are working in innovative ways,” Chief Justice Randolph said. “They have to figure out what is best for their courts.” 

            In the 12th Circuit of Forrest and Perry counties, Circuit Judge Robert Helfrich  directed that Drug Intervention Court participants must be screened for illness, including having their temperature taken at the door of the facility  before being allowed inside. Anyone with a temperature of over 100 degrees Fahrenheit was turned away and directed to see a doctor. About 200 people are enrolled in the 12th Circuit Drug Intervention Court of Forrest and Perry counties. They report periodically to the court. The reporting time has been extended so that no more than five or six people are gathered at one time.

            It’s imperative to continue close monitoring of the intervention court participants so that they don’t lapse back into drug and alcohol use, especially under stress. “It’s a vulnerable population. We do need to watch them, especially during this time,” Judge Helfrich said.

            In Jackson County Youth Court, Judge Sharon W. Sigalas on  March 18 ordered that no child would be admitted to the detention center without authorization from Youth Court staff. “Unless needed for public safety, detention will not take any delinquents...,” Judge Sigalas’ order said. The order also suspended visitation of foster children. Detention and shelter hearings required by law “will be handled in a manner as not to expose anyone to the virus unnecessarily,” the order said. The Youth Court remains open for emergency hearings. 

            Circuit Judge Charles Webster of the 11th Circuit raised concerns in early March about summoning jurors in Bolivar, Coahoma, Quitman and Tunica counties. He cancelled jury trials. “We were just at the beginning of it getting bad, with all of the warnings. I didn’t think it was a good idea to bring in a bunch of people for a jury and pack them in at close quarters. What if you compel someone to come in and they get the coronavirus? I made a decision that I wasn’t going to hold any jury trials,” Judge Webster said. “It  progressively got worse.” He will wait for conditions to improve before rescheduling jury trials.  

            The Supreme Court in the first Emergency Administrative Order issued March 13 gave trial judges discretion to postpone trials and to refrain from conducting jury trials. The Supreme Court in a second Emergency Administrative Order issued March 15 extended the time window for postponing jury trials until May 18. 
  
          The Supreme Court has urged the use of technology to reduce person-to-person contact. In the fifth Emergency Administrative Order, issued March 20, the Court said, “All courts are urged to limit in-person, courthouse contact as much as possible by utilizing available technologies, including electronic filing, teleconferencing, and videoconferencing.” The Court also said, “ Judges’ offices or court clerks’ offices shall remain accessible by telephone and email, to the extent possible, during regular business hours. If available, drop boxes should be used for conventionally-filed documents.”

            Senior Chancellor Deborah Gambrell Chambers said the 10th Chancery Court, which spans Forrest, Lamar, Marion, Pearl River and Perry counties, has adapted to teleconferencing with attorneys for hearings using Zoom. She even heard one case from home by teleconference. In-person proceedings that can’t be postponed are all held in the Forrest County Chancery Courthouse, whether they are Forrest County cases or from any of the other counties in the district. An officer with a digital thermometer takes a person’s temperature before that person may come onto the second floor of the courthouse for Chancery business, and no more than 10 people can come in at one time. 
 
             “We are doing what we think makes sense. We are trying to keep the judges from traveling and being exposed,” Judge Gambrell Chambers said.

            The four chancellors of the Hinds Chancery Court adopted a similar approach in a March 16 statement, and on March 26 revised and extended the date for case continuances (postponements) to April 10.  The Hinds Chancery March 26 Statement Regarding Court Operations said, “In compliance with the Constitution, Hinds Chancery Court will remain open for business to ensure courts fulfill their constitutional and statutory duties. See Miss. Const. Art. 3, §§ 24, 25, 26, and 26A.  Mindful of the Court’s duty to ensure the ‘just, speedy, and inexpensive determination of every action and proceeding’ as well as its duty to protect parties, court staff, witnesses, corporate representatives, and practitioners who appear before it and the community in which it sits, the Fifth Chancery Court District is continuing all matters set through April 10, 2020, effective immediately.  Emergency matters will be heard as necessary.  Only necessary persons will be permitted in courtrooms.  Ex parte matters will be handled via email, teleconference, and/or video conference (utilizing Zoom).” 

            The Supreme Court has ordered that some proceedings cannot be delayed. in Emergency Administrative Order 5 issued March 20 set out types of in-person proceedings that shall go forward without postponement: 

a. Jury trials currently in progress.
b. Department of Child Protection Services emergency matters related to
child protection.
c. Proceedings directly related to:
(1) Protecting the constitutional rights of all persons;
(2) Habeas corpus;
(3) Emergency child-custody orders;
(4) Relief from abuse and orders of protection;
(5) Mandatory youth court detention hearings for youth held
in custody;
(6) Emergency mental-health orders;
(7) Emergency protection of elderly or vulnerable persons;
(8) Petitions for temporary injunctive relief;
(9) Issues involving the COVID-19 public-health emergency;
(10) Obtaining arrest and search warrants, and other
proceedings required by law enforcement;
(11) Ensuring the Mississippi Judiciary has met its
constitutional requirements.
d. Any other emergency and time-sensitive matters, in the discretion of
individual judges.

16 comments:

Anonymous said...

HA! Hey, Fuhrer Randolph, we can't hear you over the sound of those local tribunal gavels slamming down on benches while declaring court to be in recess. Keep shouting, little man, but reasonable minds ain't listening.

Anonymous said...

Randolph is an idiot.

Anonymous said...

You have a greater chance of dying on the highway while driving to the courthouse than you do from catching the c-virus, should we shut those down too?

Anonymous said...

Have you ever tried to visit the Mississippi Supreme Court and approach one of the Judges. It aint happening. They live in isolation all of the time. Its interesting that they tell the local judges who actually interact with the public to keep system open.

Anonymous said...

Holy crap 12:31. I didn't know anyone was dying driving to the courthouse. You must really know your stuff.

Posted for an x-friend said...

You may have a greater chance of being "suicided" by Hillary that killed by the coronavirus.

Anonymous said...

@1:08
Traffic accidents kill more people than Influenza, firearms, and Coronavirus combined. Only corn syrup and fried chicken have a higher kill count (diabetes and heart disease) and Mississippi produces both by the metric tonne.

Anonymous said...

Randolph is an idiot.

Wonder how many people at the S.Ct. are working.

Anonymous said...

Randolph never handled a criminal case
He was a silk stocking who gave $ to Haley to get appointed

Anonymous said...

Randolph an idiot? It would take either (1) an idiot, or (2) someone who has absolutely no knowledge of what they are talking about, or (3) both - to make such a statement.

Whether you like Randolph or not, whether you agree with him or not, the one thing you can't say about him is that he is not a very intelligent person, especially for being a lawyer.

Anonymous said...

I am not a Randolph fan

but: he is generally right about this. He’s allowing flexibility while recognizing that, no matter the crisis, people need courts.

Abuse victims need restraining orders, for instance.

If it comes down to it, judges need to be ready to take risks. (A Meridian judge was SHOT outside his courthouse a couple weeks ago).

Praise to all.

Anonymous said...

Randolph is choosing to put “other” priorities above human health and welfare. Easy to do Judge sitting on the throne. Judge you will regret your actions when the good people of Mississippi begin to die because of your decisions.

Anonymous said...

Yes, he’s an idiot. But he’s OUR idiot.

Anonymous said...

He can pontificate all he likes - fact remains he does not have the authority, power or ability to order people to return to work.

Kingfish said...

It's just court?

Tell that to a mother who's ex husband has been stiffing her on child support for two years and finally got in front of a judge for a contempt hearing.

Tell that to someone whose child was brutally murdered and has been waiting two to three years for justice.

Tell that to parents who had adoptions scheduled.

Tell that to someone who has been sitting in jail for a long time and couldn't get a bail hearing or better yet, someone who might be innocent and is in jail and needs that day in court to clear his name.

That day in court is close to life or death for quite a few people.

Anonymous said...

In the next few weeks, you're going to see millions of Americans coming to grips with the following choice:

1) Do I go back to work, and risk getting sick, and then deal with it?
2) Or, do I stay home and guarantee that I go broke while depending on crumbs
from the government, and having to watch my kids all day, everyday.

Economic survival will outrank physical health risk, especially if you practice good health policy, you'll be ok.

Now if you live in New Yawk, New Jersey, or or Filthadelphia....whoa nellie, they're going to get quarantined into oblivion.


Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Archives

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
.