Jackson Jambalaya

Hinds County Chancellor Dewayne Thomas denies a request for an injunction against HB #1020.  The injunction asked the Chancellor to block the appointment of four special circuit judges and the creation of a CCID special court that would function as a municipal court.  However, U.S. District Judge Henry Wingate barred the appointment of the special judges Friday.

Jackson residents Dorothy Triplett, Ann Saunders, and Sabreen Sharieff sued in Hinds County Chancery Court to block the appointment of the judges and the creation of the CCID court.  HB #1020 gave the power to appoint the judges to the Chief Justice.  

Judge Thomas issued a temporary restraining order against those parts of the bill two weeks ago.  The order expired on May 10.  The Court held a hearing on that day. Coverage of hearing.   Arguments were made and filed while the Chancellor took it all under advisement.   Judge Thomas dismissed Hinds County Chancery Clerk Zach Wallace and Chief Justice Mike Randolph from the lawsuit but allowed the plaintiffs to add the state of Mississippi as a defendant last week. 

 Judge Thomas held the appointment of the special judges and the creation of the CCID court are constitutional.  Highlights of the opinion: 

* The Court can not determine there is a substantial likelihood the plaintiffs will prevail on the merits of the case.   Courts should construe the statute to be constitutional rather than unconstitutional if the statute  in question does not clearly conflict with "organic law."  

 * The plaintiffs argue two sections of the Mississippi Constitution preclude the appointment of special judges under HB #1020.  Section 153 states: 

The judges of the circuit and chancery courts shall be elected by the people in a manner and at a time to be provided by the legislature and the judges shall hold their office for a term of four years.

while Section 165 states: 

Whenever any judge of the Supreme Court or the judge or chancellor of any district in this state shall, for any reason, be unable or disqualified to preside at any term of court, or in any case where the attorneys engaged therein shall not agree upon a member of the bar to preside in his place, the governor may commission another, or others, of law knowledge, to preside at such term or during such disability or disqualification in the place of the judge or judges so disqualified.

The plaintiffs argues these two sections limited the appointment of judges to an inability to sit on the bench.   However, there is a little Mississippi Code section, Section 9-1-105(2), that has something to say on the matter (although code is inferior to constitution): 

 Upon the request of the Chief Judge of the Court of Appeals or the senior judge of a chancery or circuit court district, or upon his own motion, the Chief Justice of the Mississippi Supreme Court, with the advice and consent of a majority of the justices of the Mississippi Supreme Court, shall have the authority to appoint a special judge to serve on a temporary basis in a circuit or chancery court in the event of an emergency or overcrowded docket.

 

 The Court of Appeals held in 2002: 

This provision does not state that it is the exclusive mechanism for selection of special judges. The provision itself first sets out another alternative, namely, that the parties agree on a member of the bar as a replacement. The Governor's authority is prefaced with the word "may," indicating that the executive has personal discretion or perhaps that the use of this procedure is optional as opposed to using some other feasible but unstated procedure.

Translation: Judge Thomas said Section 165 is a mechanism for appointing special judges but is not the only mechanism for doing so. Section 9-1-105(2) gives the Chief Justice the power to appoint special judges to relieve overcrowded dockets. 

HB #1020 meets the requirements of the law because it limits the terms and jurisdiction of the special judicial appointments.  

* The plaintiffs asked the Court to find the creation of a special CCID court is unconstitutional as well.  They argued the lack of explicit language granting the right of appeal rendered the court's creation null and void.  However, the Chancellor held HB #1020 states the CCID court will have the same duties and limitations as municipal courts.  CCID judges are to be paid the same as municipal court judges.  Section 11-51-81 states anyone found guilty of a criminal offense in a municipal court may appeal to county or circuit court.   Municipal courts are thus "inferior" courts.  The opinion states: 

Because the CCID Court is established to function as a municipal court, it is subject to the same appeal mechanism, and there is no lack of appeal. The lack of specific language regarding right of appeal within the four corners of HB1020, while perhaps not ideal, does not necessitate that there exists no right of appeal. Mississippi law "generally will read the statutes[, upon the same subject] together to interpret them harmoniously." Brown v. State, 102 So. 3d 1087, 1092 (,J 23)

 All this mess about some mess may be for naught as the NAACP parked a similar challenge in U.S. District Court.  Judge Wingate stayed that lawsuit, citing the controversy in the Hinds County Chancery Court.  However, Judge Wingate issued a temporary restraining order prohibiting Chief Justice Mike Randolph from appointing any special judges under the bill.  A hearing will be held on May 22.  Earlier post.