Circuit Judge Andrew Howorth threw quite the tantrum yesterday as he recused himself from the Lindsey Whiteside case, comparing the Desoto County District Attorney to Iran and North Korea.
Judge Howorth has been catching hell since he sentenced the former Youth Pastor to three years on house arrest after she was convicted of sexual battery of a child October 14 in Desoto County Circuit Court. District Attorney Matthew Barton said the sentence was illegal and filed a motion for re-sentencing Thursday. Judge Howorth's withdrew from the case in an order that was one for the books. The order opens:
Since the sentencing hearing in this case, which was conducted on October 13, 2025, there has been a significant amount of traditional media coverage as well as social media coverage of the case and segments of testimony that transpired in the hearing. The heightened level of public interest in the outcome of this case seems to have occurred, at least in part, as a result of a press conference and other public releases of information in the case by Desoto County District Attorney Matthew Barton. In the Court's opinion, Barton has been selective and decidedly unnuanced in his portrayal of information in the case. Barton's impressions regarding the case have been parroted not only by internet "influences", but also by numerous, allegedly responsible, news outlets who don't seem to have conducted any of their own research.
Uh-huh. Well, my dear Special Needs Judge, this website actually researched the issue when the D.A. questioned the sentence. Yours truly spoke to prosecutors in multiple counties and examined the Mississippi Code. You do know what the Mississippi Code is, right?
The Code stated clearly, unambiguously, and in no uncertain terms that convictions for sexual battery are barred from consideration for house arrest. Period. That is the law. It doesn't matter whether you use a textualist approach or hallucinate in the penumbras, the Mississippi Code bars house arrest for criminals such as Lindsey Whiteside.
As for parroting, I seriously doubt these influencers are just "parroting" the D.A. The more likely scenario is they are outraged by an illegal sentence that is very favorable to a pretty white defendant while others convicted of similar crimes who just happen to be male get twenty years or more in prison. For once a D.A. stood up for justice and called out a judge. The horror. Apparently, we are supposed to take our beating and like it too. Back to the order.
Barton complains of the Court's illegal sentence, presumably illegally lenient. Or maybe not. If the defendant is not legally eligible to be placed on house arrest, she could have received probation with no period of incarceration (house arrest). It cannot be presumed that Barton would have preferred the Court sentence the defendant to the legal sentence of probation alone. The implication is that Barton would never knowingly allow something like this to happen as a prosecutor. And yet, there are examples of cases in Desoto County where Barton's office has actually initiated sentencing recommendations to the Court in sex offender cases that were illegal sentences, asking the Court to sentence sex offenders to far less than the minimum allowed by law.
Does anyone notice what the judge ignored in his diatribe against justice? Any mention of the Mississippi Code. Of course, the Code bans the Judge's sentence so he might not be too motivated to mention any law. It also didn't help Judge Howorth's cause that a black Clinton basketball coach received a 30-year sentence in Hinds County the same day for a similar crime.
The law is clear: No house arrest for those convicted of sex crimes. However, the law does not bar probation nor is there a minimum sentence for Whiteside's conviction. Probation is often used in such cases when the case is falling apart, usually because the parents won't let the child testify. Such was not the case here. The victim testified in Court and the prosecution had over 60,000 text messages between the victim and her rapist. It was a solid case that demanded a solid result.
There is often disagreement with a judge's ruling in a given matter. In this case, the disagreement has become extreme. In the court's opinion, part of this extremity has been precipitated by Barton's apparent desire for a high and very public media profile. There s certainly nothing illegal, maybe not even unethical or improper, about the manner in which Barton promotes his personal views regarding the disposition of cases. However, since this behavior can result in bringing unusually high attention directed at people involved in the case, including some witnesses as well as the judge, the ability of the judge to continue to preside impartially over the case might reasonably be questioned, regardless of whether such perception is accurate.
Heaven forbid a prosecutor should question the Divine Right of Judges, and their lenient sentences. Despite Judge Howorth's whining, there was one remedy available if he felt justice was so aggrieved. Oxford's Citizen of the Year could have issued a gag order as the Courts did in the Greta Bully and DHS scandal cases. Problem solved but then, that would require the judge to have some backbone, something he may not possess.
The Court is mindful that this is an unusual step to take, and it should be. If judges are willing to remove themselves from cases solely as a result of criticism from a prosecutor, then prosecutors could keep getting judges removed, merely by criticizing them in a public forum and eventually land on a judge who will do what the prosecutor wishes. (KF: Hey Chokwe, THIS is forum-shopping.) At that point, the role of judge and prosecutor will have become blurred, rather than completely separate. This approximates the manner in which courts operate in authoritarian regimes, such as North Korea and Iran. However, in this particular case, the Court's focus is in the public sentiment being expressed to the point that the undersigned Judge's fairness and impartiality has been questioned and likely will continue to be questioned.
Comparing Barton to North Korea and Iran? Oooooook. There is a difference. The Mullahs and Dear Leader tell their so-called courts how to rule, public sentiment be damned. In America, judges are expected to hear cases and try them on their merits, public sentiment be damned as well as it should be. If Judge Howorth cannot ignore "public sentiment" when doing his job, perhaps he is unfit for the bench. Two different damnings but for completely different reasons.
Judge Howorth had one last hissy fit in his order as he took his ball and went home.
For the foregoing reasons, the Court hereby recuses itself sue sponte, from further involvement in this case, as well as any other cases, if any, prosecuted by Matthew Barton or any others in his office in Desoto County, in order for a new judge to be appointed in this case.
Wow. the learned jurist banned the District Attorney and his prosecutors from his courtroom.
Apparently Judge Howorth does indeed believe in the Divine Right of Judges. It's understandable. Judges sit on the bench for years, living in a bubble. They make the rules and are God in their courtrooms. Sure, they might get overturned every once in a while, but such is a small price to pay for having a God complex.
Plutarch wrote in his Life of Cicero:
When Cicero's extremities were brought to Rome, it chanced that (Mark) Antony was conducting an election, but when he heard of their arrival and saw them, he cried out, "Now let our proscriptions have an end." Then he ordered the head and hands to be placed over the ships' beaks on the rostra, a sight that made the Romans shudder; for they thought they saw there, not the face of Cicero, but an image of the soul of Antony.
The same can be said of Judge Andrew Howorth for his order cast not the face of Barton but an image of the soul of Judge Howorth. Diving Right of Judge's indeed.
57 comments:
You are such a self-righteous prick.
"Judges sit on the bench for years, living in a bubble. They make the rules and are God in their courtrooms."
You're being way too nice here.
Great Cicero analogy. Andy should have taken the high road and recused himself in a sentence or two
These people make decisions that affect not only one person but sometimes entire families and are never held accountable for their actions. AS it's been said before, a bartender is more liable civilly and criminally than a Judge.
The traveling judge, working off the back of a snake-oil wagon, seems to base his reasoning off the fact that 'The D.A. has, in other cases, recommended that sentencing not be within established guidelines'.
The learned judge apparently is not familiar with fallacies.
If it's true that the sentence is not legal, that's that? Why wasn't this problem immediately raised at the hearing? If the state supreme court grants the judge the leeway to ignore the law, that's that.
These are the writings of a judge who knows deep within that the sentence he rendered cannot be justified. He cannot justify it, so he lashes out, takes his ball, and goes home.
Did this man-child actually receive a "Man of the Year" award in Oxford?
The state will be better the faster we remove these clown shoes judges, white and black, that think suspended sentences and taps on the wrist actually protect their community.
Man- talking about going off the deep end.
The judge was 100% a Kamala voter.
These are the writings of a judge who knows deep within that the sentence he rendered cannot be justified. He cannot justify it, so he lashes out, takes his ball, and goes home.
He's caught and knows it.
Surely the Mississippi Commission on Judicial Performance is not going to stay silent on this.
Quick someone call the Waaaaaahmbulance
Da judge says:
There is often disagreement with a judge's ruling in a given matter. In this case, the disagreement has become extreme. In the court's opinion, part of this extremity has been precipitated by Barton's apparent desire for a high and very public media profile. There s certainly nothing illegal, maybe not even unethical or improper, about the manner in which Barton promotes his personal views regarding the disposition of cases.
This should help calm the rough waters in Desoto County and convince people of something. /s
What a b!tch! He knows he got her off light and he's pissed he got caught and it brought into the court of public opinion. No doubt he thought with it being a white female, it would go unnoticed and swept under the rug...but it didn't and now he's throwing a tantrum. He should be removed from the bench if he refuses to hear cases from the DA or moved to Circus, I mean Justice Court, where things like this take place.
30 year lawyer. This judge is out of bounds. He should resign.
What will the circuit judge preside over if the DA's office can't bring cases in his courtroom?
This seems like a brilliant way to put his workload through the floor.
So can DeSoto County’s newly added third judicial position for circuit court step in now? Surely there won’t be a third recusal?
Matthew Barton is trying to make a public name for himself, and apparently failed to make a contemporaneous objection at sentencing, probably because he didn't know any better at the time.
Now he's litigating his appeal to the public, trying to make this a political sideshow.
All that said, the statute says that, upon conviction, the defendant "shall be incarcerated in the State Penitentiary." So I agree that the sentence is illegal, and the error was not harmless.
KF I seriously doubt the judge was talking about you when we went on about the media blitz by Barton. You are the exception, who actually does the work and the digging into the news stories you write about.
Howorth is a good judge and a good man. I've known him for many years. He's retired from the bench and was just helping out and decided enough of this b.s. I'm going to the farm. Good for him
And?
Howorth was appointed after the DeSoto County judges recused himself. The bit about not hearing any more DeSoto criminal cases was window dressing as he can refuse appoints from the Supreme Court.
And what are you, 9:48? The smart money is betting you are some self serving partner at an ivory tower law firm that thinks they can do no wrong. You would probably disagree with 10:03 who is spot on.
@11:20 - you are not alone. I've known Andy Howorth all my life, but he is not the only good person to fuck up, and it appears he did just that in this case. He remains my friend, and we all have friends who wish they had not done certain things.
I believe it takes a person with humility to be a proper judge. This man is showing anything, but humility.
So how does a judge go about getting pulled from the bench? Has to go to MS Supreme Court?
Great investigative reporting.
This judge is an idiot....hilarious commentary KF, and justified.
Made my day.
1120...'just helping out''? wrong........hes paid by the county, and paid we'll.
That was professional whining from a sitting judge.
Why does everybody keep referring to the defendant as pretty? Prettier than the average accused rapist? Sure, I can believe that. But unless the google machine is pulling the most unflattering pictures possible, or maybe pulling pictures of the wrong person, that seems an odd choice of words.
Oxford is corrupt to the bone. Full stop.
I take issue with the author's gratuitous use of the word "pretty".
“ Judge Howorth you are the Bama of the Week”, as Huggie Lowdown would say on the Tom Joiner Morning Show”.
Dang Judge you let this young buck make you blow a fuse!
Judge Every defendant on your docket should Ask that you recuse yourself from their case! Judge you mad and angry and acting just like us! How can you judge us!
Is them few extra dollars worth it!
Judge done gone gangsta! You can’t bring these judges out of retirement cause they feel they’re above the Law and don’t have to answer to no one. They are already collecting that big PERS check! I can here him now, Forget y’all!
Can you blame the Judge for giving the Teacher Probation and House Arrest for the sexual assault and molestation on this young girl because it’s all about ——————————————————— fill in the blank! Talk about misguided and just don’t give a shit about this young girl! This probation and house arrest mindset is just twisted! My, My come on Judge a young girl! Not your relatives Huh!
He's retired and has made himself available (to the supreme court) for assignment to hear cases on an as need basis. He might be assigned cases anywhere in the state.
Get well soon
ALL judges should be subject to random drug testing!
So sorry I didn't approve your comment, Mr. Gossip. I do get a kick out of seeing how mad you get every time someone says something nice about this website or me. However, please do me a favor. All that crap you are spewing about me and my family, do it in a public forum under your real name. That way I can sue you and own you so thoroughly you will think you are the wrong color in Mississippi in 1850.
I'm a Country Guy who can read & sometimes write a little bit. Seems to me the Judge made this situation worse by exercising quite a bit of Judicial digression when it wasn't actually proper. Then a DA comes along and wants to make his Opinion known in Public to gain (regain) Public Opinion along the way. I'm not sure how a Circuit Judge can decide NOT to hear cases brought forth by a DA in the same Circuit District (other than named Special Judge) by the Supreme Court- in which case he isn't required to take everything offered. Got to wonder why the Local Judges didn't take it? Everybody can't be Family or Best Friends. Mighty interesting situation for Justice in Ms?
7:22 Just my opinion, they probably had the same frame of thinking as the presiding judge regarding this case and didn’t want any backlash from the public! My other opinion, they felt the little girl or parents was somehow a contributing factor. Another opinion, if only this child was a relative of a friend of a Judge he would push for prison!.
This whole case is sad and more sad because the Judge did not follow the Statute! Another opinion, and why a Judge would not follow the Statute, because they are Above The Law.
It’s time for this judge to be sat down! My Opinion!
Howorth sitting in in Desoto bc they have a senior judge who has been ill and absent from the bench for a year
Kingfish wishes he was a lawyer so bad lol
8:23 Howorth may want to sit and not judge! If we only follow the law and yes judges also. Set the example your honor.
Was a good judge, and a doofus man. Helping out my ass - he was gettin paid quite well and missed a gimme putt.
Y’all quit hating on Kingfish, he’s only reporting on things that some don’t what you to see!
I like being informed if there’s something I question, I research!
In this case the Judge did not follow the Law!
My favorite quote from Howorth is that part about "nothing illegal, maybe not even unethical or improper, about the manner in which Barton promotes his personal views regarding the disposition of cases." Sooooo then what's the point here? Oh, you got caught protecting a young white woman from prison and now you want to deflect but really do not have any basis on which to do so. Noted.
Judge Howarth has thoroughly disgraced himself. Time to permanently retire from the bench and stay home. That predatory, pedophilic, bull dyke belongs in prison for a very long time. A civil judgment against her and maybe the church that employed her to pay for the little girl's therapy would be appropriate, too.
Is this that same Howorth who was the mayor of Oxford back around 2002 or so? Just wondering.
@Kingfish any thoughts on the closure of the sentencing hearing? The learned jurist also sealed all character witness letters without holding a hearing open to the public — as required by Mississippi law to allow the public and media to voice opposition to any such sealing or closure.
8:47, There are rules that govern attorney conduct.
I believe the judge was suggesting the that the DA was pushing the boundaries of those rules, if not actually violating them.
The judge is playing victim after being discovered to be a useless, worthless, mindless, uncaring buffoon. That is all.
Step up or Shut up! Your coded vague bullshit is meaningless.
Judge Andy Howorth is the brother of former Oxford Mayor Richard Howorth.
Richard bought the former Blaylock’s Drug store on corner of the square and created Square Books.
Another brother (Tom?) was Registrar for Ole Miss for many years.
Wonderful family. Their father was a surgeon for many decades in Oxford and the only surgeon in town for a long time.
I’ve known Andy since he was painting houses and then tending bar at The Gin. (Prior to law school).
I always liked him, he was smart (like his siblings) but I can’t opine about his judicial performance. I personally think he may have made a mistake and like many of us, was perhaps a bit too proud.
It’s pretty damn hard to admit a foul up, especially a professional one, especially if you have been doing something for a long time like Judge Howorth.
I had a Judge in Hinds county Circuit Court say to me once:
“I don’t care what the statute says, Mr ___, I’m going to require that you ___.”
That particular Judge had been on the bench for years and was the darling of many.
(He later went to jail for fraud related to a certain Ms gulf coast tobacco lawyer - who also was jailed and now ALSO lives in Oxford!!)
Judges (like Doctors) are human too and occasionally screw up. In my opinion, saying “I’m sorry I may have made s mistake” is the best way to handle these episodes.
OR, to quote Alex Rodriguez in what may be the most ironic statement in the history of the world:
“Your ego is not your amigo!”
Your flowery stroll down memory lane means nothing. Howorth is a piece of shit, and should be held accountable for his freeing of a child rapist. Perhaps some deeper digging should be done on the man himself, and who he's acquainted with.
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