Hinds County Chancellor Dewayne Thomas issued a temporary restraining order against part of the recently signed HB #1020.
Jackson residents Dorothy Triplett, Ann Saunders, and Sabreen Harrief sued Chief Justice Mike Randolph, Hinds County Circuit Clerk Zachary Wallace, and Director of the Administrative Office of Courts Gregory Snowden in Hinds County Chancery Court on April 24.
The lawsuit asks the Court to declare the appointment of the special judges as well as the creation of special CCID Court are unconstitutional. The complaint is posted below.
The Chancellor issued the TRO Monday against the appointment of special judges and creation of the new CCID Court under HB #1020. The TRO does not affect the expanded jurisdiction of the Capitol Police nor the expansion of the CCID. Judge Thomas said he will hold a hearing on May 10 to give the parties more time to present their arguments before he rules on the plaintiff's request for an injunction.Chief Justice Randolph filed a motion to dismiss, arguing he is entitled to absolute judicial immunity.
U.S. District Judge Henry Wingate will hold hearing tomorrow on the NAACP's request for an injunction against HB #1020.
Update: Judge Thomas issued his order this afternoon. The crucial section is:
First, this Court makes no finding that Plaintiffs are entitled to relief. Instead, this Court specifically finds that it is unable to determine the likelihood of success on the merits without a full hearing. The Court further finds that its power to render a meaningful decision on the merits will be impeded if a temporary stay of effectuation of House Bill 1020 ("HB1020") is not had....
Next, this Court finds that the threatened injury to the Plaintiffs far outweighs the harm an injunction might do to the Defendants. As set forth above, Plaintiffs herein assert that HB l 020 is unconstitutional and its effectuation will violate their constitutional rights; the same is substantial harm. Conversely, the injunctive relief fashioned by this Court will only delay any actions by Defendants for ten (10) days until a full hearing on the matter may be had and a meaningful ruling made. Furthermore, the majority of the provisions of HB1020 do not become effective until July 2023 and January 2024; the sole emergent issue is the appointment of judges to be made before May 6, 2023. Therefore, the temporary injunctive relief issued by this Court will effectively delay only the singular provision regarding the deadline for judicial appointments. Based upon the foregoing, this Court finds that the granting of this injunction will result in no real irreparable damage to the Defendants as opposed to substantial harm to Plaintiffs if the injunction was denied.
29 comments:
So did these 3 Jackson residents/plaintiffs come up with this on their own, or were the solicited to be names on the suit by the social justice warriors to push their agenda. I've always wondered how that works.
The head scratcher to all this: If those opposing this bill are successful in court, what they win is the status quo of rising crime, blight, and flight.
how often does a judge issue a TRO and then change their mind and rule that the law is legal?
In the words of a famous female politician, "At this point, what (fucking) difference does it make?"
Raise your hand if you're fed up with the City of Jackson and the antics of its leadership and those who prefer lawlessness, including elected representatives and senators of color.
What a fine group of liberal left leaning democrat plaintiff lawyers-
Who can tell me how the MACARTHUR JUSTCE CENTER at Ole Miss is funded?
Apparently these lawyers, the ACLU and the individuals they reoresent want Jackson to retain and improve upon its status as the MURDER CAPITAL OF AMERICA
12:58 that is what these legal teams want. No policing of the thugs.
Often.
Ironic that a white Hinds County Chancellor is the one holding up relief to thousands of inner city families who want nothing more than to rid their neighborhoods of the criminals that repeatedly plague them. They're the ones affected the most here.
Deewayne is a M-O-R-O-N.
Phil's going to finally release the texts that prove his innocence. This is confusing because he stalled for so long in releasing them. Why???
I suspect the state and federal courts will rule HB 1020 violates the constitution. Will the focus turn toward electing responsible, hard working officials?
RMQ
What I think is ironic is that one of the attorneys challenging the bill lives in Water Valley where there is no crime. He ought to be required to live in the hellhole he is seeking to force to remain a hellhole.
HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA!
Enjoy your crime Jackson!
You have worked harder to keep criminals on the street now, than you have to ensure clean drinking water is available for residents.
God help you guys and your misguided priorities.
@1:49 PM It has taken this long for him to go through the 100s of text messages and cherry-pick them so that they shed a positive light on him. He previously claimed "executive privelege," but because he is such a good fellow he is now waiving it.
In his coached statement he is playing the "victim card."
Maybe these shysters are trying to help the mayor make this list;
https://tennesseestar.com/news/11-u-s-cities-run-by-democrats-listed-among-50-most-dangerous-in-world/jtnews/2023/02/01/?
After all, the mayor is fond of Detroit politics.
You give the city help when they can’t find a solution themselves, you don’t give them mo money it’s racism.
Then how in the **** can help you?
Just wait til one of their loved one is affected by this criminal element.
All we want is a safe city!
If you are not involved in the crime, what’s the fking problem. I wouldn’t care if they appointed 100 judges and prosecutors! Fill the damn prisons to the Top!
Y’all’s failure to grasp constitutional rights is amazing. Actually, there’s a certain subsection to folks who think they ought to be able to pick and choose when those rights are enforced or ignored. This bill won’t stand in the entirety and it shouldn’t.
What "injury" to the plaintiff?
The probably never even voted in their life
This is such a joke.
To hell with this city. It can't be helped.
I'm pretty sure Ms. Triplett votes rather religiously. Nic old lady. Big-time Harvey backer. Doesn't think there is much of a crime problem. Similar to the types you see on Fondren and Belhaven Nextdoor.
How many ACLU, NAACP, and SPLC lawyers live in Jackson with kids? Serious question.
Didn’t the people the ACLU represent in Canton some years back turn out to have a record? Kingfish, didn’t you have an article on one of them being involved in a drug deal that went bad?
Didn’t some white people in one of the better JPS zones with the help of the SPLC try to stop the spread of charter schools some years back?
@3:07 - damn, what an exacting treastie. You are able to so succinctly state that this is unconstitutional, but yet you provide no basis for your well founded statement (opinion). I could make a similar post claiming the constitutionality of HB1020, but without providing some support it would mean no more than a normal Bill Dees comment - except that neither yours nor mine would have a poster's name attached to it.
Yes, the courts are going to have plenty of time and opportunity to make this determination. Unless you are one of those attorneys standing at the podium making the argument, let me assure you that your opinion is of absolutely no value. But thanks for playing; come back next time with something worthwhile.
Hate this, but if we are going to have a constitution, then its the correct decision.
Whether there’s a crime problem is irrelevant to whether the statute is constitutional.
The very people who whine most about education are the ones ignorantly confusing the two.
@4:30 - you keep saying it’s unconstitutional but offer no reason. Why is it unconstitutional? Be specific. Put up or shut up.
This is what they do. If they can’t get it done with votes, the fight goes to a favorable judge that will rule in their favor. They meaning socialist democrats
6:21, sorry your reading comprehension is poor. I said “whether.” I have no opinion whether it’s constitutional or not.
Bring Back Our crime. Sad Im already seeing results from Capital Police and was excited about expansion
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