Update (4:15 PM): The Justice Department and MDEQ responded they do not take a position on the intervenor's expert report.
Update (12:10 PM): Judge Wingate issued this order 20 minutes after the post was published. The order states:
TEXT ONLY ORDER directing all parties, including the ITPM, to respond to INTERVENOR-PLAINTIFFS SUBMISSION OF ALTERNATIVES TO JXN WATER,INC.S 2025 PROPOSED WATER RATE INCREASE [267], filed on 02/06/2026, at 6:02 PM CST. The parties must respond to : (1) the tardiness of this submission to the court; and (2) the contents of the Intervenor-Plaintiffs' proposal. These written responses must be submitted on the record by 5:00 PM CST this day, 02/09/2026.
More hoops. Judge Wingate just does not want to make a decision.
Original Post: Will he or won't he? U.S. District Judge Henry Wingate gave the intervenor Poor People's Campaign a chance to challenge JXN Water's proposed rate increase but the intervenors missed the deadline Friday.
The Poor People's Campaign, otherwise known as the Order of the Sisters of Rukia, filed a motion to intervene in the U.S.A. v. City of Jackson lawsuit. Judge Wingate approved the motion. The Sisters of Rukia promptly got to work filing motions left and right.
JXN Water Manager Ted Henifin proposed a 12% rate increase in April 2025 to shore up JXN Water's finances. Judge Wingate held several hearings on the matter but made no decision. Mr. Henifin announced in October he would proceed with the rate increase. Judge Wingate held more. hearings and enjoined JXN Water from raising rates.
JXN Water is struggling financially. Mr. Henifin said JXN Water will not be able to make the March bond payment. The water/sewer system has been plagued by low collection rates although they have risen in the last few months after JXN Water starting cutting off accounts for non-payment. Mr. Henifin said even if JXN Water collected 100% of billings, it would still face a deficit of $20 million or more as it would not cover operational costs, much less debt service.
The intervenors have repeatedly objected to the rate increase. The Poor People's Campaign asked the Court for permission to submit an expert analysis on whether the rate increase is justified. Judge Wingate ordered the intervenors to submit the report by 4 PM February 6.
4 PM came and went yet there was no report. The Poor People's Campaign filed a motion for more time, claiming the lead attorney fell ill with "flu-like" symptoms.
Judge Wingate was not too kind when he rejected the request:
Before this Court is an eleventh-hour motion, filed by the Intervenor-Plaintiffs, at 2:46 PM on this day, February 6, 2026, for an extension of time to file a report by their "rate structure specialist”. ... The report promised by the Intervenor-Plaintiffs was alleged to have “compelling data” that would lead to “significantly increased revenues without an across-the-board rate increase”. The Intervenor-Plaintiffs further opined that “these options would likely avoid any rate increase for typical residential customers.” The Intervenor-Plaintiffs represented to this Court, multiple times, that such a report shall be filed no later than 4:00 PM on Friday, February 6, 2026. The City of Jackson did not object to the time frame for filing this report. The only objection came from JXN Water, Inc., by way of its attorney, Mr. Paul Calamita, who prophesized that the Plaintiff- Intervenors would not be able to file a cogent report manifesting the subject topic to this Court. Expecting the above-described report from the Intervenor-Plaintiffsno later than 4:00 PM, this Court moved some other matters to be able to spend the entire weekend of February 6-8, 2026, studying that report. Now, the Intervenor-Plaintiffs have advised the Court that they do not have such a report, saying "circumstances beyond the control of counsel and consultant” have resulted in their failure to meet their self-imposed deadline. Those "circumstances" have not been revealed to the Court's satisfaction. Further, any relevant causes for delay should have been disclosed to this Court sooner than one hour and fourteen minutes before the deadline.
Judge Wingate denied the request.
The intervenors magically submitted the report after 4 PM Friday. The Sisters of Rukia hired Brendan Larkin-Connolly to analyze the rate increase. He is an economist who worked for Exeter & Associates for 15 years in the area of utility rates and regulation.
The report recommends JXN Water
(1) (establish) modifications of the existing rate design that change tier thresholds; (2) establishing meters and billing for approximately 4,000 premises currently receiving unbilled service, and (3) increasing rates for customers, outside Jackson’s city limit—and order JXN Water to explain why they are not viable alternative options to its proposal.
Exeter claims doing so will result in producing a much-needed $20 million in revenue for JXN Water.
The docket does not state whether Judge Wingate accepted the late filing.

70 comments:
Naturally JXN Water should make up the difference by raising rates on system users that are outside city limits, those users having made the unwise decisions to receive service from the only provider available to them. Pay up, fools!
If the judge has any integrity he will not accept the report and grant the proposed increase, which should have been done last year.
Why do Jacksonian’s feel entitled to receive free water? Is it because Jackson is a welfare state and after time, people apparently are trained to think they don’t need to pay? As an exJacksonian who moved for reasons like this and of course safety reasons, I am opposed to supporting people who have been trained to think they are entitled because they are poor, lazy, and will not work?
You can like Henifin or not like Henifin. You can agree with Henifin or not agree with Henifin. But one TRUTH cannot be denied. That truth is that Henifin is one of the very few people who actually want the citizens of Jackson to have clean and reliable water. Lumumba, Yarber, the Jackson city council, and a host of Jackson former and current employees didn't (and still don't) care if the citizens have water or not. Henifin wants them to have good service. And they hate him for it.
What did Wingate know and when did he know it?
Laughed my ass off last Friday when Wingate realized he had been played ... again.
Hon. Judge Wingate should order Gov. Tater Tot Rosy Cheeks to pay up.
What's the Over/Under on whether he allows the late submission? My bet is that he does and delays making a decision yet again.
It will take time to find 4000 people. The Psc has to approve out of city limits people.
I believe Wlbt said judge was not going
to accept the report.
"The only objection came from JXN Water, Inc., by way of its attorney, Mr. Paul Calamita, who prophesized that the Plaintiff- Intervenors would not be able to file a cogent report manifesting the subject topic to this Court."
Somewhat impressive, Judge. Now go ahead and go scorched earth on the hired gun (the industry accepted term is much more derisive) report and call them out.
Speaking of raises -- Ted, and probably a few other people who work with him and are serious about doing their jobs, need to have their salaries adjusted upwards. Or give them a bonus and line item expense it as Hazard Pay.
Their report raises the rates on a lot of
citizens. Especially families.
The whole purpose of having a third-party administrator is to avoid the inevitable constraints, delays, and bickering that always paralyzes Jackson city government. The administrator's job is to determine what is needed and then fix the water system - period. And in keeping with his assigned duty, he has informed them what is necessary to do that. Fixing the water system will cost more money than the water department has. Oh yes, they want it to be fixed but they don't want to pay for it. They are asking the court to give them something for nothing, and that's not real-world logic. Adding to the problem is a federal judge who seems to be part of the mindset that a solution can be found without paying for it.
Pay up for what?
The problem here is not the report submitted by the outside consultant hired by (where did the money come from?) Sisters and Brothers of Perpetual Victimhood.
The consultant gets paid to do some analysis, the consultant writes a report, the report gets submitted to the court.
The problem lies entirely with the judge who allowed the intervenors to intervene, and the intervenors who can't tell a water system shutdown caused by negelect and incompetence from a non-profit grant funding opportunity.
The consultant says there are 4,000 premises hooked up to and using JXN Water, but not being billed. He recommends installing meters and billing the non-paying users.
Brilliant!
The people with Billing Code E or straight piped meters will be happy to get a bill and start paying the bill. Civic Pride!
In actuality, this group of customers is probably the group it will be hardest to collect from.
Disconnect them? They are already disconnected from paying their water and sewer bill. Either by accident, by the City's Code E, or by a straight pipe.
To the reader: Thanks for the tip.
Funny part is, these recommendations have already been discussed in court. City of Jackson already suggested improving collection rates and increasing rates on those living outside a mile radius.
He didn't give them much time.
Henfin should walk away flipping the bird as he goes. This guy isn’t getting paid enough to deal with the mess and clowns before him. Sheesh.
I thought he denied them filing it late.
All this for the average customer paying 9 f'ing more dollars a month? I mean seriously????? ya'll can't afford $9 a month?
You have to find the 4,000 people. He
can't automatic charge those living out
side the city limits more.
There is no E code anymore.
Kick that can down the road judge, kick it!
pay up or else cracka
Wingate should be impeached. He is nothing but a ring master at this point.
It's been almost a year since Ted asked
for the raise.
According to Jxn Water quarterly report
the collections are rising.
I want to see what the DOJ has to say.
"Poor People's Campaign" sure is awash in cash to pay their attorneys, accountants, and economists. Maybe it isn't about helping the poor people; just maybe!!
If the city agrees with the report then they are not against Jxn Water raise.
This raises the rates on many citizens.
Wingate just proved that he can be played even after demanding that he's reached the end.
No doubt on Friday when reported in the press that he [Wingate] planned on spending the weekend studying and evaluating the matter, he was only telegraphing to the Sisters that if they got him the report before the end of the weekend that all would be well.
What an absolute dupe Judge. Total f'ing dupe.
Here is the solution. White people pay 100% of the water bill and black people pay 0%.
It’s the least you pink devils can do for slavery.
Some on Psc are not for raising rates.
Work at a dealership in Jackson and present a bill that shows they owe something. People are amazed they are required to pay for maintenance on their cars.
Too much to read. What did it say?
Judge Wingate and the intervenors can really jam some sticks in the spokes if Wingate allows the intervenors and their hired experts to start 'consulting' about JXN Water's costs and operations. See Page 21
QUOTE FROM PAGE 21 OF REPORT:
Two additional considerations merit further evaluation but were beyond the scope of this analysis due to information limitations:
Potential for Cost Savings. While this analysis focuses on revenue generation alternatives, cost reduction represents another avenue for improving JXN Water's financial situation. In traditional base rate proceedings before regulatory commissions, utilities' underlying costs and operational expenses undergo months of scrutiny through multiple rounds of discovery, examination of supporting documentation, and evaluation of cost management practices. JXN Water has identified various operational improvements expected to yield cost reductions; rigorous evaluation of these opportunites and their potential magnitiude would complement the revenue side analysis presented here.
Fire Service Rates JXN Water does not currently charge public or private fire protection service rates, despite maintaining responsibility for the city's fire hydrant system. The absence of fire protection
charges--common in municipal water systems-- raises questions about whether costs associated with fire protection infrastructure and services are being appropriately recovered and, if not, whether establishing such charges could represent and additional revenue source or a means of more equitably allocating costs among customer classes. Further investigation would be needed to understand existing financial arrangements regarding fire protection services and whether establishing fire protection rates would be appropriate for JXN Water's system.
END QUOTE
They probably can provide Wingate with some concrete proposals in the next few years.
Good point. Wonder what Mayor thinks of instituting a fire protection fee.
Wingate family members, clerk, anyone, please get this ancient jurist to retire. Please!
Biden era grant.
Wild how a judge who can’t meet his own deadlines is deciding the fate of folks who can’t meet theirs.
Would Psc have to agree to fee?
If Jxn Water charged a fee mayor would complain to the court.
I completely agree that the Mayor should tell us where he is with this proposed new fire hydrant and sprinkler tax.
The JXN Water commercial and industrial customers that have fire protection systems are probably eager to pay more so others don't need to. If they are looking at it from a customer affordability and equity standpoint.
One benefit to this new tax would be that they probably wouldn't have very many commercial fire protection system owners eligible for the SNAP discount.
I suspect both Chokwe and Rukia might think this is a real winning idea.
Wingate will delay until bonds are downgraded. Quote me on it
"Wingate will delay until bonds are downgraded." I just quoted you.
It's obvious to everyone but Judge Wingate apparently that their tactic is to delay, delay, delay until Henifin's time is up and they and their ilk get their grubby hands back in control of Jackson's water and its plush contracts...
"Too much to read. What did it say?"
I don't work for you.
"(1) (establish) modifications of the existing rate design that change tier thresholds" Isn't this in conflict with State law that all water users of a water system be charged the same rate?
Make sense. Increases borrowing costs for the city and therefore forces Wingate's hand on the approval.
But the increasingly outmatched and ineffectual John Horhn could have solved all of this a long time ago.
Leadership matters. John Horhn doesn't have what it takes.
After watching this debacle the legislature better pass the legislation to create a regional governing authority.
"Any suggestions, though, must be submitted by this Thursday, June 26, 2025. WHETHER TO ISSUE A RATE INCREASE IS A DECISION THAT MUST BE MADE IMMEDIATELY."
Note : The text was not BOLDED in Judge's WINGATES order.
Judge Wingate's Order was issued June 23, 2025.
SEVEN MONTHS LATER...
Good luck Jackson. If I'm Ted, I'm on the first plane out of here and letting these fools go back to living without running water.
Judge Henry Travillion Wingate is 79 years old.
So many social engagements, so little time.
KF: wasn't there another order after the
text order?
A regional body where Jackson has majority voting control won't change the dysfunction status quo. Horhn is adamant that Jackson have voting control.
I believe the 4000 was just an estimate.
May not be that many.
“Biden era grant”. Got any proof? It should be pretty easy to to provide a receipt for that claim.
If you think this litigation is nearing an end- THINK AGAIN!
It's just getting started!
I am sure Sister Rukia read the report checking for accuracy.
The Doj took no position with this.
Prpoosal pushes higher rates on higher volume (Republican) users. Virtually no increase in low volume users
You have put the whole water system in a position of collapse due to this being drug out. Of course if everyone would pay then you might need a 5% increase but they won't. Increase the rates by 12% and cut off everyone who doesn't want to pay within 2 weeks of a bill being past due. Screw the Mayor, board and Wingate getting involved every time someone or an apartment doesn't pay. File a notice in court to take the apartments for non payment and see what happens. Take swift action and they will pay. Problem is to many have gotten use to using the money for something else and not paying for water. I promise you that people would rather pay than go without water. And don't give me the fixed income excuse, social security went up 3% so on $1500 that's $45 more. These people pay their electricity bill or it's cut off.
I would love to see Wingate just tell everyone to fuck off, give it back to the COJ and watch the boil alerts commence.
Rate increase when they can't keep the water running during the subfreezing temps the last couple of weeks?? History repeating itse....oh wait....
Well done Jxn Water!! Thank you!
This is all about as timely as Chokwe's city budgets and audits.
Horhn wants control of the regional authority, but that doesn’t mean he will get it. Everyone including the legislature knows Jackson cannot effectively manage anything. He doesn’t have a vote in this decision.
Unfortunately, the Legislature is full of a bunch of cowards too afraid of being labeled the big, bad R word and so won't do anything about a regional authority...
To say I am disappointed in Judge Wingate is an understatement. He started out so very good. Has he been threatened? I have thought and thought about it...what makes a Judge do a complete 180 on handling a case before him?
Interveners should have never been allowed
Conversations/meetings OUTSIDE the courtroom should have never been allowed
Dealing with a case using "feelings" should have never been allowed.
This case should be handled based on facts. We all know the facts. What has been happening the last 9 months is ridiculous. Shame on Judge Wingate. Way to screw up the law and your legacy.
And yes, 1:52 pm, it would contradict state law. Maybe somebody needs to have another private meeting with whats left of this Judge and remind him of that.
With apologies to the heirs of Lewis Carroll: The time has come to talk of many things the Wingate said, of meters, pipes and pumps, of billing codes - and kings -, and why the water may not run - and whether pigs have wings.
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