Will Judge Henry Wingate ever make a decision on JXN Water's proposed rate increase? The U.S. District Court Judge held yet another hearing on the proposal. The first hearing was held in April 2025. WLBT reported:
A report due to federal court Friday afternoon could go a long way in determining whether a proposed rate increase by JXN Water will go into effect.
At a status hearing on Tuesday, U.S. District Judge Henry Wingate granted a request from the intervenor-plaintiffs to submit an expert analysis on JXN Water’s proposed rate hike and offer potential alternatives to stave off an across-the-board increase for all customers.
Wingate granted the request after attorney Lori Sherman reached out to the judge last week.
Sherman, with Forward Justice, represents the intervenor-plaintiffs, a group of civil rights advocacy groups named as parties to the Safe Drinking Water Act lawsuit against the city in 2024.
“Intervenors are contending that the report would be compelling and contending it would have a huge effect on the court’s determination about the rate increase across-the-board,” he said. “The court is going to allow the filing of the report. The court is going to await it, so the court can study it. If the report does not live up to expectations, then I’m confident JXN Water will so notify me.”
The report is due to the court at 4 p.m. Friday. Wingate told reporters that he would file the document that afternoon after he reviews it.
Paul Calmita, an attorney who represents Interim Third-Party Manager Ted Henifin, objected to the decision, instead urging the judge to move forward with rate increases as they were proposed last spring.
“What’s most likely is they’ll come back with a different rate structure, so rather than everyone getting a 12% increase, they’re going to adjust the volumetric usage tiers, so people who use more water will get higher bills,” he said. “Instead of everybody getting 12%, the rate changes will be all over the board. There will be chaos.”
Sherman said the report was being drawn up by an expert with Exeter Associates out of Boston. She did not name the expert, but said he has 18 years of experience in doing rate studies, and that during a meeting with JXN Water’s consultants, “it was my understanding they all knew each other.”
Wingate offered more details of what is expected to be included in the report, reading Sherman’s correspondence to him into the record:
“Using this information, the counsel for the intervenors worked with an expert water rate consultant to generate alternative options - beyond those offered by the city of Jackson - that show there are ways for JXN Water to significantly increase revenues without an across-the-board rate increase. These options would likely avoid any rate increase for a typical residential customer. Counsel for [the] intervenors found the results compelling and would like an opportunity to complete the analysis... and provide this useful information to the court.”
“If the intervenors are correct, this report could generate a gamechanger,” Wingate said.
The order comes months after Henifin first announced his plans to raise rates, saying the additional revenue was needed to keep JXN Water afloat until collections improved.
He said without the increase, JXN Water would have to scale back some services and would be unable to borrow money or pay the city’s existing water and sewer debt.
Make no mistake, Judge Wingate has made every effort to put off JXN Water's proposed rate increase. The first hearing was held in April. More were held in November and December. Judge Wingate held two more hearings in January.
Judge Wingate is dragging the case out as long as he can. The longer he delays making a decision, a party will come up with a new argument. Judge Wingate will then hold a hearing. He won't make a decision. Another party will have something else to say, which Judge Wingate decides he wants to hear. Rinse, repeat.
The intervenors have made it clear they have no love for JXN Water Ted Henifin. They want to dissect every aspect of his operation. It was Judge Wingate who allowed the Sisters of Rukia to intervene in the lawsuit and caters to their whims. For example, Mr. Henifin defended his rate increase by mentioning Stantec issued a rate comparison study for Southeastern cities. Ms. Sherman chimed up in court last month that she wanted the ability to question the person who created the report. Judge Wingate acquiesced, of course. More delays.
Meanwhile, JXN Water said it can't make the March bond payment.
22 comments:
Wingate is a joke.
Raise the rates or do without water. Pretty simple.
I am all for cutoffs and increased collections but that does not negate the simple fact that the rates are currently too low.
King Solomon he ain’t….
Just another reason why any intelligent person left in Jackson should get the hell out while they can. This is not going to end well, and Judge Wingate is to blame.
The man is almost 80 years old. For the entirety of his judicial career he has shown a marked propensity to move at a GLACIAL PACE. He is incapable of making a decision in a timely manner. It is INSANITY to expect the man to change his behavior.
I think if he doesn't give Jxn Water their
raise his order will be invalid because it
goes against the order all parties signed off on. Only Jxn Water decides
the raise. Why is the DOJ silent?
KF: What can Jxn Water do?
The Sisters and Brothers of Perpetual Victimhood will be really butthurt when Jackson's share of the state sales tax revenues are redirected to make the bond payments.
When you have a job for life you take your time. No need to rush anything. May even let it wait for the next one to have the bench.
Vintage Wingate-
Q- Why do 80 yr old federal judges refuse to retire?
A- They like having doors opened for them.
Isn't there another judge involved in
this case?
As long as the toilets in the judge's chambers and his house still flush it's ALL GOOD!
Let the judge run the water dept
I’m so happy I don’t live in Jackson
Give his honor a break. He is taking his afternoon nap.
Have letters to the judge replaced motion practice in this case?
I've never seen parties send letters directly to the judge, as a substitute for filing pleadings.
In the meantime, let the city make its own bond payments. JXN Water should then be able to operate normally.
The chief judge needs to kick some butt.
Still taking bids
And just to the north, Ridgeland has just approved a rate increase. Could this be because its necessary or is it something also nefarious?
Horhn will be, they won't. After redirection another bond rating downgrade will closely follow.
Let the good people of Madison and Rankin pay for Jackson's water.
I'm moving from Byram to Pearl so that I don't have to deal with this mess
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