Friday, December 18, 2020

Supremes: David L. Archie Can Stay

 Supremes duck residency questions, focused on challenge process.

Hinds County District 2 Supervisor David L. Archie will remain in his seat until 2023 after the Mississippi Supreme Court denied a challenge to his residency yesterday.   Former Supervisor Darrell McQuirter claimed Mr. Archie did not live in District 2.  The Court did not decide whether the winner was a District 2 resident but instead ruled it had no power to hear the appeal.  

First the history.  David L. Archie defeated incumbent Darrel McQuirter in the August 2019 primary by 145 votes.   Mr. McQuirter filed a petition to contest Mr. Archie's qualifications with the Executive Committee of the Hinds County Democratic Party on September 16, 2019.  The losing incumbent argued his opponent was not a resident of the district.*  After losing that challenge, Mr. McQuirter challenged again but in Hinds County Circuit Court.  

Special Circuit Judge Lamar Pickard empaneled all five County Election Commissioners to form a special tribunal.  A trial was held on October 28.    Judge Pickard ruled in favor of Mr. Archie and asked the Commissioners if any dissented from his ruling.  There is no record of any dissent from any of the Commissioners.  

Mr. McQuirter argued Judge Pickard should have "dictated" each Commissioner's concurrence or dissent into the record.  However, the Court said the former Supervisor did not provide any statutes or case law that required the Judge to do so.   

Judge Pickard decreed Mr. Archie was indeed a resident at the Shady Oaks address.  The Court said it had no power to disturb a finding of fact by the trial court.  The Court said: 

¶14.     Together, the statutes produce a clear, unambiguous directive. If the requisite number of  election  commissioners attend and none dissent, the “facts shall not be subject to appellate review.” Id. And despite the dissent’s contention that the trial judge erred, the relevant code section does not indicate that a trial judge cannot speak on behalf of the special tribunal. Thus what occurred in the present matter adheres to the above directive: The trial judge, with the commissioners in attendance, comprising the special tribunal, dictated findings on the controverted  matters without any dissents from the attending commissioners.


¶15.    McQuirter and the dissent argue, and the Court acknowledges, that the trial judge did not dictate the commissioners’ concurrences along with the findings to the reporter.  Yet the statute only requires the trial judge to dictate the commissioners’ dissents. In alignment with the  statute,  the  special  tribunal  was  merely  required  to  state  the  findings  of  fact  on “controverted material issues of fact, together with any dissents of any commissioner . . . .”

Without any dissents, the Court "lacks subject matter jurisdiction to review Archie's residence..."  

Justices Beam, Chamberlin, Ishee, and  Coleman ruled for Mr. Archie.  Justices Griffis, Randolph, and Maxwell  dissented.  Justices Kitchens and King did not participate. 

It appears Dorsey Carson outsmarted Sam Begley.   

* This was posted on November 1, 2019

* Archie moved his voter registration from 1402 Collier in Jackson to the Clubview address in 2007.  He moved the voter registration again to the Shady Oaks address in 2010.
* The USPO returned a jury summons  for "insufficient address unable to forward."
* Election Commission received a confirmation card that was undeliverable to the Shady Oaks address.
* The Shady Oaks house was unoccupied during the election.
* The Shady Oaks home had no water service from December 2017 to August 26, 2019, the day of the election.  The would-be supervisor owed $1,240 on his water bill.
* Entergy electric meter was removed and the cover of the box was missing.  Atmos gas meter was removed.
*  Building permit tag suddenly appeared on the property on September 6, 2019.
* Archies sued their insurance carrier for denial of coverage of a claim involving their swimming pool at the Clubview property.  The pro se lawsuit states they live at 5852 Clubview Drive.
* His wife owns two Mercedes and a Honda Accord registered at the Clubview address.  Mr. ARchie owns a 2011 Tundra truck registered at the same address although he owns a 2003 Silverado truck registered at Shady Oaks.
* The Archies have a  LLC, HZ Investments, that is registered to the Clubview address since 2014.
* The Archies filed a pro se lawsuit against Travelers Insurance in July that stated they live at 5852 Clubview Drive.

JJ reported in 2017 that JPD arrested Mr. Archie for domestic violence.  The police report stated the Archies lived at the Clubview address.   Earlier post and copy of police report.

Hinds County property records state the Clubview home has an assessed value of $121,000 and has homestead exemption.  The Shady Oaks house has an assessed value of $16,000.

It must be noted that Mr. Archie's driver's license cites the Shady Oaks address as his home.

Mr. Archie replied in court he was renovating the Shady Oaks house and intended to move back into it.  His answer submitted to the court states that he used the Shady Oaks address to qualify to fun for office no less than five times.  He said "his wife owns property at 5852 Clubview Drive."  However, the county landrolls state the property is owned jointly by both Archies.  He said he is not on the insurance or mortgage for the home.

Kingfish note: If the challenge had been for the general election, the Election Commissioners dissent was not required.   There is one question raised by the opinion.  Suppose the trial court and Commissioners make a gross error in the finding of fact.  Where is the remedy for the challenger if they refuse to dissent?

This case is just one more example of how the residency laws in Mississippi are a complete joke.  


22 comments:

Anonymous said...

I don’t understand why they don’t have “jurisdiction”. Ain’t they the Supreme Court.. as in the highest court in the state? Cop out

Anonymous said...

Welp, that settles it. I’m running for mayor of Jackson, but I’ll be living in Madison. We’ll clean the shit hole up and I’ll be safe at night laying my head near the queen.

Anonymous said...

I'm sure a claim to fame of getting a whack job like David Archie off the hook will go a long way for Dorsey. Jim Evans, take note.

Anonymous said...

KF. Correction to your article: "Judge Pickard ruled in favor of Mr. Archie and asked the Commissioners if any dissented from his ruling." Judge Pickard NEVER polled the Election Commissioners for their concurrence or dissent. That why there was nothing in the record. Obviously, as the dissent in the SC notes, there must have been something improper with his ruling (among others cited in McQuirter's brief) and it was not McQuirter's duty to complete the record, it was Judge Pickard's duty.

Anonymous said...

Already been said, and I agree that anyone from anywhere can run in this state. Should've put a bucket of chicken being held by a Colonel on the flag.

Anonymous said...

The Mayor of Edwards that is all over the news about COVID actually lives in Calumet in Madison right by the airport. He has lived there for years and years. I guess it doesn't really matter.

Anonymous said...

All that really matters is whether you are willing to lie with a straight face. If you are not, politics is probably not your game anyway. Anyone seeking political office in Jackson or Hinds County these days is generally doing so to loot whatever they can get from a dead carcass so lying is no big deal. Who cares anyway?

Anonymous said...

It boils down to respect for the voters and the city. Archie has none, but he ain't alone. He ain't alone.

Anonymous said...

Where are the republican judges when real voter fraud slaps them in the face ?

Anonymous said...

Rules are rules for everyone but politicians.

Anonymous said...

11:04 that’s not how that works. It states above that the Supreme Court can’t overturn fact finding claims. That is left to the trial court. Therefore not a cop out if they literally can’t do it.

Anonymous said...

You guys just don't understand. It's not where you live that matters, it's where you stays. And there's a difference.

Anonymous said...

If the citizens of Jackson want a mayor from Madison rather than one of their own idiots, so be it. If one district would rather have someone from another district represent them, and they don't mind that the guy is a liar, so be it. In this case everybody knows what the truth really is, including the voters. They chose this, give it to them.

Anonymous said...

Good ruling......another low IQ Dim-O-Krat that will help hasten the demise of Jackson until it shows up on maps as just a town.

Anonymous said...

4:53; Can you provide low-cost interpretation of your post?

Anonymous said...

The Supreme Court has spoken. Nothing else to be said. A conservation panel of Judges who didnt make a decision based on party but their decision based on the factual info. Doesn't matter what you think cause you're gonna think negative always. The Supreme Court also ruled that Mayor Wallace residency is in Edwards,Mississippi. Hell, his residence is on Wallace Drive. A person can have more than one house. As much as he does for his town,the citizens should be blessed to have him. We can't get other politicians to stop grandstanding and making large companies who aren't from Hinds County or Mississippi wealthy.Some of you people need larger televisions in your room cause its obvious you have too much time on your hands or your companion isn't showing you any love. Time to move on...

Anonymous said...

Travesty of justice.

Anonymous said...

7:03 another, well something who thinks he lives in a utopia while the city does a death spiral around him.

You're the idiot who needs a bigger tv, so maybe at 6 & 10 PM every day you can see the total destruction of Jackson or see the inept mayor come up with (Hey Kennuf, let me float another tax increase to buy a vowel for) another useless named program to revitalize Jackson, but after the newscast is over it is never seen or heard of again.

Just look at this way, you can always drive around Jackson and pretend you're in the meccas of DUMBACRAT stupidity, Portland or Seattle. That should put a smile on your face to know there are mayors even more useless than yours. Embrace the suck!!!!

Anonymous said...

Politics 101.1 If it ain't important to the people being affected then it ain't important to the rest of the world. i.e. It ain't important to Edwards Mississippi, Hinds County, Jackson and even Los Angeles so why expect the Courts, which have lots of better things to do, to give a flying damn?

Anonymous said...

To December 18, 11:04 a.m.:

It appears the dissenting Justices agreed with you (footnote 1 of the dissent). It seems to me the majority, without explicitly saying so, held that the Court's jurisdiction in this case is derived from the statute, and is therefore limited to only that review authorized by the statute.

Personally, I agree with the dissenting Justices. Their interpretation would also provide a remedy for the question posed by KF near the end of the post.

Anonymous said...

It would be a really good thing if the State Legislators would look closely at residency law and voting law. I am grateful to them for having crafted a voter ID law that has held. Now clean up residency and check to make sure we are not manipulated into mail-in voting with no checks. My Federal vote is gone evidently, but please let us keep the vote in Mississippi as clean as possible.

BTW, what will Mississippi do, Legislatively, if they come for our guns?

Anonymous said...

The right to keep and bear arms is already written into the Mississippi Constitution. It's in a completely different Article than that dealing with the militia, so there is no question that the right is independent of membership in the state militia.

"The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the Legislature may regulate or forbid carrying concealed weapons."

Miss. Const. Ann. Art. 3, § 12.

If the federal government comes for our guns in Mississippi, it should be an issue for the courts, rather than the legislature.


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