The Battle for HB #1020 is taking place at the Mississippi Supreme Court right now. Oral arguments are slated to begin in a few minutes. Watch below as yours truly provides updates during the proceedings.
(2) Upon the request of the Chief Judge of the Court of Appeals, the senior judge of a chancery or circuit court district, the senior judge of a county court, 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, chancery or county court in the event of an emergency or overcrowded docket. It shall be the duty of any special judge so appointed to assist the court to which he is assigned in the disposition of causes so pending in such court for whatever period of time is designated by the Chief Justice. The Chief Justice, in his discretion, may appoint the special judge to hear particular cases, a particular type of case, or a particular portion of the court’s docket.
Stewart argued the appellants think the Chief Justice should not be allowed to make any appointments. Justices Kitchens and King quizzed Stewart on whether the Chief Justice can remove the special circuit judge before he completes his 42 month term. Stewart said he could under a 150 year-old default rule that allows those making appointments to revoke the appointment. The two justices disagreed, saying the plain language of the statute said the special circuit judge was to serve a full term.
Observation: The Attorney General is not sitting right behind her lawyers as she did in the medical marijuana case.
Justice Kitchens asked Stewart to address Johnson's contention about the CCID Court. Is the CCID Court a municipal court? Stewart said it is a modified version. The justice said it only serves a slice of Jackson as he called it a big difference. Thus it had to be inferior to a constitutional court to valid, argued Justice Kitchens. Stewart said it was inferior to the Circuit Court. Kitchens asked if CCID convictions could appeal to County Court. Stewart said the CCID Court said it fits within the overall framework of the court system.
Stewart said the core features of a municipal court are still there. He said it leaves the principles of appellant review in place. Justice Kitchens said there is no mechanism for appeal in the statute and that "we have to imagine" it. Stewart said Section 11-51-81 applies as he claimed the CCID Court is a municipal court. Kitchens disagreed, arguing it is not a municipal court.
Justice Kitchens said the law allowed the CCID Court to send someone convicted of a misdemeanor to a state prison. Stewart disagreed, stating the court is a municipal court. Stewart was caught off guard here. Justice Kitchens is making it sound as if the law requires those convicted to go to the state prison. The statute allows the CCID to make an agreement with the state prison in Rankin County to house its prisoners. However, the statute also allows the CCID Court to incarcerate those convicted at the Hinds County detention centers as well. Of course, the Rankin County facility is much safer for prisoners than is the Raymond Detention Center. Mr. Stewart was caught off guard on this question.
Representing Chief Justice Mike Randolph, attorney Mark Nelson took his turn in the hot seat. The shyster posited judicial immunity barred any lawsuits against the Chief Justice. He cited a 2022 Court of Appeals case that said a judge enjoys judicial immunity for acts committed within his jurisdiction. He said there were only two "limited exceptions" to immunity. He said those only apply to "nonjudicial acts." Thus all claims in the case at hand are barred by law.
Cliff Johnson returned to the podium after Nelson returned to his seat. He said Stewart argued the special circuit judges are not circuit judges. He said the state was "intellectually honest" but "legally wrong." He said the Court would have to admit the judges are indeed not circuit judges and should not be elected.
Justice Kitchens thanked the attorneys for a job well done as he adjourned the court.
44 comments:
if this doesn't qualify for emergency status, what does??
i used to respect Cliff, but he needs to sit back on this one.
Amazing when you consider that the only people trying to help Jackson are being dragged through court and reviled for their efforts. What hope does a dying city have when they slap away the last hand willing to help them?
Why not? Look what they did to the Governor who saved the Jackson water system nearly a year ago while the Mayor lied, abdicated, and shirked his duty. Look how they treated the legislators who dared ask the state for help when the water plant quit working. Why is this any different?
They'll bitch about how dangerous the Raymond jail is but then bitch when CCID court sends prisoners to a facility where they WON'T be killed.
Frankly they won't be happy until they get to rule absolutely their little fief. Regardless of the consequences to their constituents. They state this quite plainly in their Kush Plan.
If Cliff Johnson prevails, he needs to move his ass and live in this hellhole.
Thanks for the update KF!
As a longtime Jackson resident the notion that electing judges is more important than the crisis that is Jackson is ridiculous. Johnson argued like this is a moot court case at the law school rather than a reasonable attempt to help Jackson residents. It may not be perfect but anything is better than nothing.
Hard to read tea leaves from oral argument, but here's my prediction on the outcome. Affirm the Chancery Court and uphold [at least most of 1020]: Maxwell, Griffis, Beam, Chamberlin. Reverse: Kitchens, King, Coleman. Chief recused. Ishee, who knows?
Johnson has his hands in several "fires." The old adage of follow the money seems appropriate. Who is paying this guy? I understand he is a lib who loves the spotlight and wants to be able to pontificate and show everyone how smart he is. Watching his arguments it was very apparent that he truly believes he is the smartest person in the room (any room) and that we are all just flat lucky to be in his presence. Regardless, I go back to my original question. Who is paying this guy?
Where is Shad when you need him? How is Johnson "fighting all of these windmills" not a conflict with his employment as a professor at the law school? I guess freelancing and consulting, etc. is all allowed under his contract?
The ongoing war against law and order is pretty crazy.
No good deed goes unpunished-
They dont have these problems in Water Valley, where Cliff lives.
"What hope does a dying city have when they slap away the last hand willing to help them?"
All these clowns with the City are willing to do is to make sure their buddies get contracts under racist minority participation requirements. Case in point, look at what they're attempting to strong arm Henifin into:
"Lee says the council part of the impetus behind the resolution is to ensure more minority and local participation in water-related contracts." https://www.wlbt.com/2023/07/05/city-leaders-want-more-transparency-third-party-water-manager/
Great job, KF. You gave us a balanced view, even though you have a readership, including me, that would mostly like the legislation to take effect. We do have a crisis, but nearly all of the elected judges around here are clearly not capable of dealing with it in an effective way. It's time for special measures.
If the actual intent of the Legislature was to merely increase the number of Circuit Judges in Hinds County, they could have amended 9-7-23 and added four more posts to the 7th Circuit Judicial District. That would have given them the judges and there would have been no fight. That was not the actual intent. The intent was to get 4 more judges that aren't from Hinds County.
@2:26-
That amendment would have doubled the incompetency present on the Hinds County bench.
@KF and now they’re doing the same to their boy Ted Henny. They’ll eat their own for the Kush plan.
“Johnson said he was not prepared to discuss the law” ha! Quote of the year
Is that Michael J Fox sitting at counsel table?
If we had known then what we know now, this wouldn't be an issue.
Cliff’s office is at the Ole Miss Law Center. Apparently the law school has a role in seeking to overturn this legislation.
2:26, you say "If the actual intent of the Legislature was to merely increase the number of Circuit Judges in Hinds County, they could have amended 9-7-23 and added four more posts to the 7th Circuit Judicial District. That would have given them the judges and there would have been no fight. That was not the actual intent. The intent was to get 4 more judges that aren't from Hinds County."
But I respectfully disagree. By amending the statute, that would have created 4 new "fulltime" Circuit Court judges, but I don't think 4 fulltime judges are needed. Four parttime or temporary judges could hopefully help clear the tremendous backlog of cases in Hinds County and would no longer be needed after that. That said, if after those 4 temporary judges finished their terms there was still a huge backlog of cases, the Legislature could then more adequately determine if more fulltime judges are actually needed.
And no one knows yet whether any of the 4 parttime/temporary judges would be from Hinds County or not. The Chief Justice hasn't been given a chance to appoint them yet or said who they would be or where they would be from. You're making a huge assumption with that statement which isn't fair to the Chief Justice. I would assume they would be from Hinds County. For example, in the past, James Bell of Jackson has quite often been appointed as a special/temporary judge when needed. What proof do you have that none of these 4 temps would be from Hinds ?
I've been watching the entire link to the proceedings. I keep wondering, and feel compelled ask: Who is the person sitting to the immediate right of the lawyer for the CCID. I thought for awhile surely it must be a fellow attorney. But the person (whether he or she) is fidgety and shifty-eyed, exhibiting discomfort throughout. If it's distracting to me, God knows it's having the same effect on the high court. Who is that? I see no reason to cull this honest question.
Doesn’t matter. At the end of the day the progressive left is going to blame this all on racism anyways. Not sure why the state is doing this. Leaders of Jackson don’t want this help. They want money for their pockets. Not actual help.
I am 100% in favor of what the legislature tried to do and am supportive of the CCID and 1020. However, what most of you topwater posters fail to understand is that the legislature got it all wrong, as if they had no adequate attorney guidance in this specific matter. What Johnson pointed out as faults in 1020 are matters of fact, and I believe the court knows that.
You people who babble about where Johnson lives, the cush, the water crisis, speculation as to where the newly appointed judges might or should live, who the attorney for Jackson works for, etc ad infinitum, are not even seated in the same ball-park of this case or those hearing it at the bench.
Kitchens is right. These are not municipal court judges and if they were, they would not have the authority to send people to state prison as 1020 grants them the authority.
Johnson is correct that if CCID is upheld, it would grant a full-steam go-ahead for the legislature to enjoy broad authority to do the same thing in every municipality in this state.
And simply adding four more circuit judges in Jackson (as one of you suggested) would not solve a single problem. The problem is not lack of judges or backlog. It's lack of competent managerial direction at the administrative and PD level.
11:18 asks, "if this doesn't qualify for emergency status, what does??"
The court is not being asked to rule on whether or not 1020 addresses an emergency or the semantics used in defining emergency.
The state was not well represented by its choice of lead attorneys and the lead attorney's side-kick should have waited in the car.
5:10, 2:26 here. Proof is none of the 4 special judges now are from Hinds County. Look, if the only choice is Wooten, get the new ones from Mars. It doesn't make it constitutional though.
Did Cliff Johnson really tell the Supreme Court that there is no backlog of cases in Hinds County?
Didn’t he also recently tell the chancery court that crime in Jackson is no worse than any other major city?
I guess one can just say whatever he wants, so long as he doesn’t have other clients who need their attorney to have credibility with the court. That’s one of the problems with a one-off litigator, who acts like he’s on vacation in Mexico and no one there will ever see him again.
I keep coming back to the idea that the real purpose of these appointed judges is to protect the Capital Police from being indicted just for doing their jobs, which has proven to be a valid concern.
"The shyster posited judicial immunity..."
Nice unbiased journalism (if you want to call it that) there, KF.
It’s funny how Cliff Johnson is some “ivory tower thinks he’s better than everybody” here but one of the top lawyers in our state has never been to a municipal court.
I think Stewart is the one who said he'd never been to muni court.
KF @9:27: exactly.
I think the only person who really cares where the prospective judges live is Mayor Lumumba, because is contradicts his Black Nationalist/New Afrika agenda.
The real issue, it seems, is whether the new court is truly "inferior" to the circuit court. Also, the legislature failed to spell out the appeal process from a judgment of the new court.
I think legislative incompetence is the bottom line here. We'll see whether the law can be salvaged. It's the Supreme Court's obligation to interpret the law in such a way as to render it constitutional, if it can.
Legislators have become so obsessed with fighting political battles they can't even do their real jobs, which is creating legislation. I guess they're used to some Koch-funded bill-mill writing it for them.
I'm curious why the Lawyer arguing for J. Randolph is a shyster? I agree the State was not well represented in that he did not answer questions from the Justices. I can't understand Johnson stating he was not ready to argue the law and the other statement of having never been to a Municipal Court. These statements irritated more than a few Justices. Even though I believe both statements were truthful, as an advocate they should have deflected with anything but what they said and not conceded the points raised by the Justices. I don't see much hope of this bill going forward though I think something must be done. A beautiful downtown full of history is simply unsafe and being thrown away. Being politically correct and ignoring reality are the same things in this situation -- like it or not. Something must be done or perhaps they just lease Jackson to the Gangs and meth dealers.
Re: Stewart having never been to a Municipal Court: I just found it funny. First, it was essential to his argument that the CCID Court is just a Municipal Court, despite it differing from any Municipal Court in this State. Second, it's funny because it appears it is beneath our well-heeled Solicitor General to even darken the door of a municipal court to maybe learn how they work, particularly when all of the commenters here kept going on and on about Cliff Johnson being some sort of ivory tower figure. I bet he's been to a municipal court before.
There's just something not quite right about an attorney in Mississippi with gray hair who has never stepped foot in a municipal court, for any reason.
So Cliff Johnson is a strict constructionist regarding constitutional disputes? Good to know. And Mark Nelson is a “shyster”? Why and on what grounds? I’ve worked with him and known him to be a skilled attorney
11:55, 12:09, 1:42, and 3:49, there is growing consensus that the situation is being imposed upon Mississippi by outside forces. The third film in the Plan@#$%C series (name changed a bit, in case it's forbidden to say), zooms-out from the supposed health crisis, to examine the larger motives involved. The deliberate destruction of cities, and the plans for establishing separate nations within nations, are covered, starting (on Rumble's version) around 50:00.
5:30 gives clear evidence that medical cannabis is indeed available.
But: I've joined momentarily to tell you goobs how this thing will end.
1. It is not the purview of the court to fix all that is broken with 2010.
2. The court must find in favor of the Appellant.
3. The bill signed into law by the governor does not identify, by name, the court in which the appointed jurists would serve.
4. If municipal, it meets no resemblance to a Mississippi municipal court.
5. There is no right of appeal from a sanction by the mystery court.
6. No municipal court can sentence a defendant to state prison.
7. The matters of where the appointees might or might not live, how long they would or could serve, what their titles would be and to whom they would be inferior are either irrelevant or unanswered.
8. This whole thing is too broken for any court to consider directing it's rebuild.
9. The legislature will be admonished to start all over with competent counsel should it wish to restart this engine.
5:30, You're obviously new here.
Check out the Malcolm X Grassroots Movement, and the Republic of New Afrika. That will tell you the story of what is happening in Jackson. (Hint: Mayor Lumumba's father co-founded the MXGM).
"5:30, You're obviously new here.
Check out the Malcolm X Grassroots Movement, and the Republic of New Afrika. That will tell you the story of what is happening in Jackson. (Hint: Mayor Lumumba's father co-founded the MXGM)." July 7, 2023 at 6:35 PM
5:30 here. Not new here, and I've known about that mess since my teens. But not everybody knows, however. And not everybody knows how Jackson's situation fits into the broader/worldwide/historical context. The film is useful, in that regard.
Speaking of the broader context, it's noteworthy that in a post made prior to yours, someone obviously from outside Mississippi, was sent to give me a little slapdown. Note that a classic Marxist attack method (mentioned in the film) was employed. Distant eyes seem to be watching the development of this case. A distant octopus seems to have an interest in the outcome, and we've just felt a nudge from one of its tentacles.
The only outcome that will please Jackson leaders is unrestricted and unsupervised endless free cash from Uncle Sam.
And sadly, even that would never be enough.
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