Hinds County Chancellor Dewayne Thomas dismissed Chief Justice Michael Randolph and Hinds County Circuit Clerk Zachary Wallace from the HB #1020 lawsuit.
However, Judge Thomas yesterday granted the plaintiffs' motion to add parties to the lawsuit. Attorney Cliff Johnson said during oral arguments yesterday he will add the state as a defendant.
The lawsuit challenges the appointment of special judges as well as the creation of a CCID inferior court (akin to a municipal court.). Judge Thomas stated in his dismissal memorandum that Mr. Wallace would be responsible for assigning the cases to the allegedly unconstitutionally appointed judges. However, the Chancellor held Mr. Wallace has "no personal stake in the outcome of the controversy" and "Defendant Wallace is neither tasked nor empowered with enforcement of the provisions of HB1020. Instead he is required by law to perform the ministerial acts complained of by plaintiffs."
Judge Thomas used similar reasoning in dismissing the Chief Justice from the lawsuit. The Mississippi Court of Appeals held in a 2004 case the Chief Justice enjoyed immunity in the context of appointing special judges.
The Chancellor is expected to rule on whether to enjoin the appointment of special circuit judges under HB #1020 by tomorrow.
9 comments:
Thanks Judge. My property is in Madison county well south of Canton.
I am a resident of Mississippi, and I am having to pay for the typing of this unnecessary bullshit created by those ex traffic defense lawyers who made it all the way to the Mississippi Supreme Court.
In layman’s terms……
That was the easy stuff-
Gotta churn that billing - taxpayers be damned...thanks Trey Lamar!
6:24...I axed him to splain it to non-lawyers and I guess he doesn't think that's a valid request.
Me and you don't run in the right circles.
My wild-ass guess is the blog admin can't explain it, since he just sorta copys and pastes.
@10:35, nailed it!
1035 and 813, give me a break.
thanks for posting Kingfish.
Now after seeing that this Judge signed letter stating he was against this bill, it is concerning if he will remain impartial.
Post a Comment