Mississippi Supreme Court Chief Justice is going to sit out the fight over HB #1020 in his court.
Jackson residents Dorothy Triplett, Ann Saunders, and Sabreen Sharrief asked Hinds County Chancellor Dewayne Thomas to block the appointment of four temporary circuit judges and creation of the CCID court under HB #1029. Judge Thomas denied their request. The plaintiffs appealed to the Mississippi Supreme Court.
Saunders et al included the Chief Justice as a defendant. The Chief Justice asked the Chancellor to disqualify him as he claimed judicial immunity. The plaintiffs argued Chief Justice Randolph must remain in the suit since he will appoint the special judges in Hinds County. The Chancellor agreed with the Chief Justice and dismissed him from the lawsuit. However, the NAACP filed a similar challenge to the law in federal court. The Chief Justice is sparring with the NAACP over the same judicial immunity issue.
Chief Justice Randolph decreed yesterday:
The only issue on which the Chief Justice, in his official capacity. has a substantive position is whether a Chief Justice should have ever been named as a defendant. Throughout the Chief Justice unequivocally has maintained that he is not a proper party to these proceedings. The chancellor ruled that the Chief Justice is immune from suit.The Chief Justice has consistently been (and remains) neutral and without any interest regarding the constitutionality of the statutes challenged in this appeal. But absent recusal, the Chief Justice's participation risks prolonging the "circus" and allowing a sideshow to overshadow the center-ring attraction (i.e., the concrete issue of constitutionality). I considered seeking a final decision on judicial immunity separate from, and prior to, any consideration of the other issues on appeal. But doing so would surely delay a timely resolution of the constitutional issues presented and contravene the constitutional mandate that ••justice shall be administered without ... delay."" Miss. Const. art. 3. § 24. Absent a separate ruling, I am a party to this appeal. Moreover. a just and independent judiciary is a paramount consideration. The institution of the Mississippi Supreme Court must be shielded from unnecessary criticisms that would surely result if I delayed the proceedings. Accordingly. L sua sponte. recuse from consideration of all issues in this appeal.
The Mississippi Supreme Court will hear oral arguments on July 6.
7 comments:
Now the Chief Justice gets to join the rest of us at the theater popcorn counter.
There's no theater popcorn in federal prison.
Won't matter. We all know the vote count.
Nobody is going to federal prison. The popcorn will flow soon. You ain't seen nuthin' yet!
@3:11, no popcorn at federal prison, perhaps, but I remember reading Watergate co-conspirator John Ehrlichman’s book about playing tennis while he did time.
Those old racist crows on the bench are all ready to consign the law into reality - then watch Jackson devolve into anarchy in the years to come.
Conspiracy Theory:
Randolph recuses so the supremes have eight voting members. The court then votes 4-4 on the case so that the original decision stands. Thus, blame for HB1020 falls on Dwayne Thomas and the supremes get political cover and Thomas won’t run again.
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