Jackson Jambalaya

Hinds County Circuit Judge Tomie Green extended the temporary restraining order* granted to Attorney General Jim Hood another ten days and required ten inmates now free to call in every day. Judge Green issued the tro on January 11 blocking the state from releasing any convicted felons pardoned by Governor Barbour. The Attorney General asked Judge Green to invalidate most of the pardons granted by former Governor Barbour. Judge Green set the next hearing on February 3, 2012 at 1:00 PM.

The courtroom was a who's who of the top defense lawyer in Mississippi. Ed Blackmon, Bill Kirksey, John Collette, Cynthia Stewart, Jane Tucker, Tom Fortner, and more were all there. Lobbyists crowded the audience, unable to resist the political drama Haley's pardons created as a horde of deputies kept order. Ironically the safest place in Jackson at 3:00 PM today was Judge Green's courtroom.

The hearing began with Tom Fortner telling the court he represented Nathan Kern, Anthony McCray, David Gatlin, and Charles Hooker. All were pardoned by Governor Barbour and the subject of Jim Hood's motion. Judge Green surprised the courtroom by telling Mr. Fortner he had not notified the court he was representing them. Mr. Fortner informed the court he had filed notice with the circuit clerk on January 20 and emailed a copy to Judge Green's adiminstrator. Didn't matter. Judge Green rebuked him "Counsel, that is not the way you serve the court is by email not to a court administrator. She's not here. So may I have a copy of what you allegedly filed?" Apparently filing notices and motions with the circuit clerk is not considered a proper court filing in Judge Green's courtroom. One prominent defense lawyer said after the hearing the new rule is to serve Judge Green no matter where she is, even if out eating dinner.

Mr. Fortner had filed a motion asking the court to transfer the case back to Judge Weill, claiming Judge Green had removed the case after it was randomly assigned to junior circuit judge. Mr. Fortner also alleged the Attorney General had a conflict of interest, claiming AG lawyers helped prepare the notices and processed the pardon applications and later suing their own client- the Governor.

The lawyer for the Attorney General addressed the court (5:00 clip 1). Although four pardonees appeared in court, Joseph Ozment did not appear and the AG said he had not been found. The AG sought to amend the motion to block the pardons by adding five more convicts: Kirby Glenn Tate, Aaron Brown, Joshua Howard, Azikiwe Kambule, and Katharine Robinson. These individuals were John Does in the original motion. Judge Green allowed the amendment. Sylvia Owen (rep. Tate), Cynthia Stewart, and Ed Blackmon objected to no avail. Ed Blackmon told the court he had a hearing for habeas corpus on Thursday in Yazoo City. Ms. Owen said the same thing about her client but in Sunflower County. Both challenged the jurisdiction of the court but again did so in vain.

Judge Green again took it upon herself to lecture the attorneys present(24:50 of clip 1): "All of you know how to practice law. And I would expect this court to listen to what you have to say and talk through the motions, and those motions have to be proffered before the court. Now I am good, but I am not so good (FIGJAM)that you can come the day of the hearing and start throwing motions in baskets, the day before the hearing through emails. This hearing was conducted on the 9th, we are now on the 23rd, with everyone having an opporotunity that if everyone wanted the court to consider their motions, they would have properly done so. I have allowed the amendments to the original complaint..."

Judge Green later said the case was a "simple issue" (7:45 of clip 3). The issue is whether the constitution has been complied with. It is my understanding that the only persons who will be addressed are persons who are fully and completely pardons. The hearing today was for those persons who were ordered to appear.... The only question before this court is whether the conditions for felony conviction and publication has been met. It doesn't change with which circuit judge hears the case... It will not become a case about this judge..."

Mr. Fortner raised the issue of whether a conflict of interest existed (18:20 in clip 3). Mr. Fortner pointed out in his brief the AG advised MDOC and participated in the publication of the notices, arguing the AG "assumed responsibility to publish them in the first place." He compared it to a law firm representing both sides of a dispute. The AG called it a "thinly veiled attempt" to divert the court's attention. The AG said each lawyer assigned to an agency represented that agency, not the AG. Judge Green rejected Fortner's argument and said the responsibility for publishing the notice rested with the "applicant" and that the Attorney General is "authorized to raise ANY issues of constitutionality". She further told Mr. Fortner his motion was "without merit".

Here are the tweets from the hearing as it took place.. Note: Governor Barbour's lawyer filed an amicus curiae brief.

*Rule 65(b) of the Mississippi Rules of Civil procedure state: "A temporary restraining order may be granted, without notice to the adverse party or his attorney if (1) it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss or damage will result to the applicant before the adverse party or his attorney can be heard in opposition, and (2) the applicant's attorney certifies to the court in writing the efforts, if any, which have been made to give the notice and reasons supporting his claim that notice should not be required. Every temporary restraining order granted without notice shall be endorsed with the date and hour of issuance; shall be filed forthwith in the clerk's office and entered of record; shall define the injury and state why it is irreparable and why the order was granted without notice; and shall expire by its terms within such time after entry, not to exceed ten days, as the court fixes (except in domestic relations cases, when the ten-day limitation shall not apply), unless within the time so fixed the order for good cause shown is extended for a like period"

Judge Green issued the original order without notice to several parties as allowed by the rule and they only had ten days to file anything. The AG complaining it didn't have time to read these when it was the one who asked for the emergency TRO was rich.

Watch the first five minutes of the first one. Tells you all you need to know about how the hearing went.