Attorney General Lynn Fitch struck out in her attempt to keep State Auditor Shad White from suing Brett Favre to recover TANF funds.
The State Auditor issued a demand for $828,000 upon the football legend 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. Favre also paid another $500,000 to state in March 2020.
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 had 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);
The Chancellor had other ideas. Judge Thomas granted Mr. White's motion for summary judgment.
Mississippi Code Annotated Section 7-7-211(9) provides, in pertinent part: ""In the event, however, such person or persons or such 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 in anycou rt of the state to the end that there shall be recovered the total of such amounts from the person or persons and surety on official bond named therein "" Miss. Code Ann.§ 7-7-211 (West) (emphasis added). The Attorney General maintains that the pertinent statutes vest ""the Attorney General-not the State Auditor- the authority to decide whether and when to prosecute a claim seeking recovery of the interestdemanded""in an action under§7-7-211 [MEC #9; pg. 6). This Court cannot agree. The plain statutory language of subsection (g) provides that the "State Auditor shall have the authority and it shall be his duty to institute suit" and that "the Attorney General shall prosecute the same". Therefore, the plain language of the statute vests the State Auditor with the authority and responsibility to begin a legal suit in these specific instances and further mandates that the Attorney General prosecute the same. Furthermore, Mississippi case law has consistently supported the authority of the State Auditor to institute and pursue litigation on behalf of the State under §7-7-211.
15 comments:
Merry Christmas, Lynn.
My condolences to the Chancellor for stepping in to decide a petty pissing contest strictly motivated by politics. It's difficult to do such a thing without getting pissed on. Good work.
Every one of these lying, thieving politicians need to be run out of town. They are wasting our tax money squabbling amongst themselves in order to garner nothing more than political glory and its disgusting. If you want to feast on brett farves bones then fine, but dont waste a kings ransom of our tax dollars to determine who is going to do it.
bunch of children
How much did Shad pay for this post?
...so her opinion is...wrong?
They are all coming across as a “Carnival of Clowns!” And Phil Bryant and Brett Farve walk free…still.
Shad 1- Lynn 0 (it’s half time presented by your taxpayers dollars).
Let me get this straight. The AG sued the Auditor to prevent him from doing the job she refused to do?
That's a special kind of lazy.
Shad White for Attorney General and Auditor, like Malcolm McMillin Sheriff and Police Chief. Boy those were the good ole days!
Not only is she wrong, but she’s being derelict in her duty to prosecute as prescribed under the statutes quoted.
Comments like these are the reason I read the comments.
One difference between Shad and Lynn: Shad can read.
I call upon Cindy, Roger or Michael to find this man of the people, this bastion of legal acumen, this force of political nature a larger stage on which to ply his trade!!!! Shadrack for DC!!!!! Make it happen, swamp!!!
That she would even want to let Brett off just confirms that she is part of the effort to make America a despotic oligarchy!
She's on the " winning" team but the rest of us, especially Republicans who are middle to upper middle class will be very , very sorry. These guys want to be kings and see the rule of law as an inconvenience.
I feel sorriest for the widows and single women who have money and own businesses...you are now seen as " easy targets".
It won't happen right away as Mississippi is the "low hanging fruit".
Judge Thomas is an excellent Chancellor and we are lucky to have him. Did Lynn ever reimburse the state for the time when she used state troopers to try to intimidate her step-mother when Lynn's daddy left his estate to his wife and not to Lynn?
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