Sunday, May 19, 2024

Bill Crawford: Legislature Responds to People Held in Jail too Long

Two recent editorials in Emmerich newspapers deserve our attention. Both dealt with people held in jail too long and the legislative responses this past session.

A Greenwood Commonwealth editorial focused on indigent individuals held in jail without access to an attorney and decried the state’s lack of resources to support public defenders.

“Mississippi has a well-funded, well-coordinated system of district attorneys to handle prosecutions. On the defense side, though, it is a lowly paid hodge-podge of mostly court-appointed lawyers,” the editorial said. “As the Marshall Project recently reported, some counties don’t take the obligation seriously at all, even ignoring dictates imposed just last year by the state Supreme Court that were designed to ensure the accused don’t languish in jails, waiting to see whether the criminal justice system believes there is enough evidence to take them to trial.”

The editorial pointed to one county where 44 people were held on criminal charges for an average of 223 days without a court-appointed attorney.

Bills to help fix this problem got nowhere in the legislature this session.

A McComb Enterprise-Journal editorial focused on the practice of putting mentally ill people who face no criminal charges in jail.

Individuals going through a civil commitment for mental-health treatment can be jailed when county officials can find no other place to hold them. The editorial praised a new law intended to restrict this practice.

Rep. Sam Creekmore IV, chair of the House Public Health and Human Services committee, introduced and passed a bill that limits jailing to only those people determined to be “actively violent.” And the Chancery Court must be engaged in that determination.

The law provides that community health centers must pre-screen individuals prior to the filing of an affidavit to commit. And the centers must report quarterly to local supervisors on the numbers of pre-screenings, individuals diverted, and individuals jailed with copies to the Department of Mental Health, the local court, and local law enforcement.

“There is reason to hope that the new law means fewer mentally ill people will be put in jail, and that the average number of days such people spend behind bars without charges will be significantly reduced,” the editorial said.

But it called the new law “only the first step,” saying the legislature must ensure the availability of spaces outside of jails to hold persons during the commitment process. Otherwise, local officials will likely ignore the new law.

Thanks to these two newspapers for discussing legislative responses to two of our dark side behaviors.

“Do not exploit the poor because they are poor and do not crush the needy in court” – Proverbs 22:22.

Crawford is a syndicated columnist from Jackson.

17 comments:

Krusatyr said...

If a vicious attacker/ killer is insane, he can't be turned loose on all of us just because he can't get mental treatment. I don't care why some mean-ass pushes innocent people in front of subway trains or why they sucker punch the elderly or rape and kill for pleasure. Isolate them in a clean jail cell until they prove themselves safe. Or forever otherwise.


Anonymous said...

"I fart in your general direction".

Anonymous said...

The entire system of public defenders is a mess. Every county should have their own funded office that matches the DA’s in staff, resources and pay. How can anyone claim it’s a fair system when right from the start the defendant is disadvantaged. The PD handle the exact same cases in front of the exact same judges for a fraction of the pay prosecutors make. Aside from the PD issue in Hinds County (and many other counties) some defendants, both innocent and guilty, sit in jail because they can’t afford bond. FOR YEARS waiting to exercise their right to a trial. I know of several individuals being held in Raymond going on 4 years waiting for their trial to be scheduled.

Anonymous said...

Tate Reeves would rather abolish state income tax than fund more beds at Whitfield.

The local authorities don't want to release someone who believes God is telling them to kill the demons possessing their loved one, but they don't have any place else to put them.

Anonymous said...

Who would want to be a public defender in some MS podunk county?

Anonymous said...

So true! Hinds County Judicial system has far too few public defenders, proscecutors & judges ( judges willing to work & administer their caseloads. Defendants languish in county jails for far too long & are thoften moved repeatly from county Dr parts detention facilities to private prisons in other parts of the state. “Man’s Inhumanity To Man” is alive & unwell in Hinds County!

Anonymous said...

12:12 - better check your circular argument and come back again with something better.

Hinds does have a publicly funded Public Defender office, staff, and equipment, equal to the DA for Hinds County. (BTW, Hinds is one of the few counties to have its own DA, so asking for every county to have its own PD is somewhat oblique to the argument, but I digress.) And Hinds, with its public defender office, is where the Raymond jail is located - and you use for your argument some folks held there for four years or more. Seems like your solution, having a PD office equivalent to a DA office loses its legitimacy when the only reference you can make to those folks in jail for lengthy periods is in Hinds.

Rather, lets check the docket on those in Raymond for lengthy periods - they are there because a delay in their trial is the best thing a defence attorney can get for a guilty client with little to argue in court. And Hinds County Circuit Judges are always quite willing to allow postponement petitions when presented, because that way they can go home and have lunch at the house. No Circuit Judge since Weill has pushed the defence attorneys (publically funded or client/other funded) to bring their case to trial.

There is a good racket going on for many of those housed there whereby their business requires them to stay in the cellblock. Hell, under a prior sheriff they would break out of jail to obtain more contraband and then -- of all things -- break back in. Their business, or control of the gangs, would fall apart if their case actually went to trial because they would more than likely be sent off to the Big House up in the Delta where it would take them a long time to move up the chain and be able to rebuild their business.

Lack of funding for public defenders may actually be a problem in a few counties, but the caseload in those counties doesn't warrant the DA having its own assistant in them either; so this quick and easy 'cry me a tear' story needs much more attention than the Greenwood Commonwealth editor who is always looking for a way for the state to dump more money into his favorite little charities.

Thanks, Crawford, for using Kalich as the basis for this weeks dribble. You used to do a good job of actually looking into things worth discussing, but now you rest solely on what others have written and come up with a 1,000 words for a column.

Anonymous said...

damn 2:28 - learn what you are talking about before you hit your keyboard.

I'll agree the Judicial system has too few prosecutors & judges WILLING TO WORK (no need to talk about the many public defenders willingness, they don't have to do much if the prosecutors and/or the judges operate as they do and don't prosecute and/or set cases) -- but

If someone incarcerated in the Hinds County JAIL is moved to a private prison, or a public one for that matter, in another part of the state, its because they were found guilty, and were no longer an incarcerated person CHARGED with a crime but somehow they were actually prosecuted by our DA, and there was a Judge who actually held a court hearing and a jury found them guilty.

They don't get moved to PRISONS - private or public - unless they have actually been to court and sentenced.

Take a breather, maybe put down the crack pipe or the joint - and come back with a better argument tomorrow.

Anonymous said...

Don't commit crimes & you won't need a taxpayer-paid attorney.

Anonymous said...

To the person who responded “who would want to be a public defender”. Obviously, it would be a person who finished last, or pretty close to last in there law school class.

Anonymous said...

“Don’t do the crime if you can’t do the time”

Anonymous said...

in 2023 the State of Mississippi, through the legislature and signed by the Governor, gave millions of dollars to Hinds County for both the District Attorney's office AND the Public Defender's office to supplement their staff.

Granted, if one depends on Mississippi Today,or the CL, or JJ who doesn't pick up on these things, for their news, one would never know this. But, in additiion to the State for several years having supplied additional Judges to do the work that is NOT BEING DONE by the elected Circuit Judges of the COunty, they gave the DA and PD enough additional dollars to hire three or four more (each) attorneys.

These additional dollars have been in place for many months now - lets see if anything different happens. Will the CIrcuit Judges actually go in to work and actually HOLD COURT in those four courtrooms in the Hinds County COurthouse?

Challenge to all those crying about the failure of having PDs - go on any day and walk through the Hinds COunty COurthouse and see how many of the courtrooms are actually being used to ---- hold it ---- wait for it --- HOLD COURT!!

Yes,on Mondays they have a jury call, and the main courtroom is full; at least until almost noon. Then, they send the juriors selected home. And most all (sometimes, all) are never brought back again.

Look at the parking places reserved for the judges, along President Street by the Courthouse. See if they are ever occupied. Walk through the courthouse and find a courtroom being used - if you do, walk in and see a phenonomen that hardly ever happens.

The best defense for a guilty criminal is delay (just ask Donald Trump, he has excelled in this for decades, and continues today) and all the defense attorneys for those that 12:12 cries about being held in Raymond know this as well. Any defense attorney in Jackson - be they publically paid or paid by the client or his/her gang - know that the best thing for them to do is never make it to trial, and hope that Justice Jess Dickinson will again be appointed to 'clear the docket' and he will dismiss all the cases without question and put the criminals back on the streets again.

Give us a break - the failure in Hinds is not a failure of having a PD properly funded --- its a total failure of the system, from the DA through to the SC when the Chief Justice appoints a coddler to 'clean the docket' without any thought about how that idiot has ruled since his son's encounter with the system.

Anonymous said...

@5:57 - It's defense.

Anonymous said...

Hey Democrat Bill Crawford, if the perps don't like their publicly funded lawyers they can hire their own.

Anonymous said...

Since I am a practicing criminal lawyer in Central Mississippi, let me chime in with my actual experience, and not just commentary. Throughout the State of Mississippi, the PD system is mostly a joke. In most counties, PDs are appointed from the local bar, and are expected, sometimes for less than $1,000, to provide an adequate representation to felony criminal defendants. How good of a defense do you think that the average person is going to get for $1,000 or less?

Hinds County does have a fully staffed Public Defender's Office, but they are paid far less than the assistant district attorneys to do the same job.

Three of the four elected Hinds County Circuit Judges hold court and send cases to trial EVERY week during the criminal terms unless all of the cases that are scheduled plea out. These judges schedule cases for trial fifteen to fifty cases at a time to try to keep their dockets moving. The Hinds County backlog continues because the Mississippi Legislature will not allot resources for one or two new PERMANENT judges. Instead, they rely on the Supreme Court to continually appoint special judges (who are usually retired) to occasionally travel to Jackson to sit on a special docket. They have been doing this for at least twenty years, despite seeing no real reduction in the backlog. Again, what is the definition of doing the same thing repeatedly, yet expecting a different result?

I am writing as one who is in the trenches of criminal law in Mississippi, and not just making useless and mostly erroneous comments from the peanut gallery. Hope this sheds light on a few things.

Anonymous said...

@Krusatyr: If a mentally ill person has committed or has been accused of a felony, he or she will be held in jail unless they are found by a court-approved psychiatrist to be legally incompetent to stand trial. However, you cannot hold a psychotic person who has committed no crime in jail with accused criminals while that person awaits a commitment hearing. See the difference?

Anonymous said...

"They have been doing this for at least twenty years"

It almost seems like the people in charge like the situation. The same goes for the education situation. As long as the people in charge are satisfied, nothing will change.


Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Archives

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
.