Jackson Jambalaya

 State Auditor Shad White lost his battle to recover $228,000 in unpaid interest from Brett Favre after the Mississippi Supreme Court ruled today only the Attorney General can sue to recover misspent funds.  

 The State Auditor issued a demand for $828,000 upon Mississippi football legend Brett Favre in October 2021.  The sum demanded included $600,000 in principal and $228,000 in interest.  Mr. Favre paid $600,000.  Mr. White's office sued Mr. Favre for the interest in November 2021.  

Mr. Favre sued the State Auditor in Hinds County Circuit Court for defamation.  Mr. White counterclaimed and included the $228,000 demand.  General Fitch withdrew representation of Mr. White, claiming a conflict of interest.  Mr. White had criticized the Attorney General in his book about the TANF scandal, Mississippi Swindle.  General Fitch said the book created a conflict that could not be waived and got off the case.  

The Attorney General claimed she alone had the right to pursue the clawback lawsuit and instituted her own proceedings against Mr. Favre and the other TANF defendants.  However, the Attorney General's lawsuit did not include the claim of $228,000 of interest and that is where the rub lies. 

Mr. White pursued the claim in Hinds County Chancery Court, stating he had the authority to do so since the Attorney General declined to recover the interest.  

General Fitch petitioned the Chancellor to issue a declaratory judgment against Mr. White's lawsuit: 

30.  Auditor White lacks statutory authority to prosecute suits pursuant to MISS. CODE ANN. § 7·7·211(g). At no time has the Attorney General declined to prosecute the Favre Demand under MISS. CODE ANN. § 7·7·21l(g), and MISS. CODE ANN. § 7·5·39 does not apply.

(a)  The Attorney General has the exclusive statutory authority to prosecute suits and manage litigation under MISS. CODE ANN.§§ 7-5-1 and 7-7-211(g);

Hinds County Chancellor Dewayne Thomas disagreed and said the Mississippi Code gave Mr. White the authority to prosecute clawback lawsuits such as the one at hand.   The Attorney General appealed. 

 The Supreme Court said there are two issues: Does the Attorney General have the sole authority to prosecute litigation and does the State Auditor have the power to sue for recovery of money.   

 The Court said Section 7-5-1 of the Mississippi Code empowers General Fitch: 

 [She] shall be the chief legal officer and advisor for the state, both civil and criminal, and is charged with managing all litigation on behalf of the state, except as otherwise specifically provided by law. . . . [She] shall have the powers of the Attorney General at common law and, except as otherwise provided by law, is given the sole power to bring or defend a lawsuit on behalf of a state agency, the subject matter of which is of statewide interest.

 Thus only the Attorney General has the power to sue and prosecute on behalf of the state unless there is an exception carved out in the law.  Is there such an exception?  The Court said no as it quoted Section 7-7-211(g) of the Mississippi Code: 

 In the event, however, such person or persons or each surety shall refuse, neglect or otherwise fail to pay the amount demanded and the interest due thereon within the allotted thirty (30) days, the State Auditor shall have the authority and it shall be his duty to institute suit, and the attorney general shall prosecute the same. 

 State Auditor Shad White argues the statute gives him the authority to pursue such lawsuits.  However, the Court ruled otherwise: 

 Reading Section 7-7-211(g) as giving the auditor the authority to file suit for the recovery of money conflicts with Section 7-5-1 as giving the attorney general “the sole power to bring or defend a lawsuit filed on behalf of a state agency.” However, reading Sections 7-5-1 and 7-7-211(g) in tandem and with historical context in mind, we find a common-sense separation of duties as prescribed by the Legislature—that the auditor will audit and that the attorney general will litigate.

 The Court decreed the State Auditor thus lacks the power to prosecute and manage litigation seeking the recovery of funds.  

Mr. White responded to the decision: 

 Now that the court has ruled that Lynn Fitch has the sole authority to file suit to get misspent taxpayer money back, I can only assume the Attorney General will now change course and begin to aggressively fight in court for the recovery of all the welfare money. Maybe she will fight as hard to do that as she fought to stop me from recovering the money. Mississippi taxpayers deserve nothing less.

 At least there were no hallucinations.