UNITED STATES NEWS

Federal judge extends temporary halt on appointed judges in Mississippi capital

May 22, 2023, 4:27 PM

JACKSON, Miss. (AP) — A federal judge on Monday extended his order that temporarily stops the Mississippi Supreme Court chief justice from appointing judges in the capital city of Jackson and the county where it’s located, both of which are majority-Black.

U.S. District Judge Henry Wingate’s new order could last until June 9, giving attorneys time to further develop arguments about citizens’ right to elect judges.

Wingate heard hours of testimony Monday in a lawsuit filed by the national, state and local chapters of the NAACP, which challenges a state law that Republican Gov. Tate Reeves signed in April.

The civil rights organization argues that the law passed by the majority-white and Republican-controlled state Legislature creates unequal treatment for residents of Jackson and Hinds County compared to residents of the rest of the state. The capital city and Hinds County are both majority-Black and governed by Democrats.

Rhodes asked in court: “Why single out Hinds County?”

Officials pushing the new law said during the legislative session that they were trying to curb crime. Opponents said the law stomps on local self-governance.

The law would expand state policing inside the city of Jackson and create a new court inside part of Jackson with a judge who would be appointed by the Mississippi chief justice. It would also allow the chief justice to appoint four judges to work alongside the four elected circuit court judges in Hinds County through 2026.

Monday’s arguments centered on how Mississippi judges are chosen — the most immediate question because the chief justice was supposed to appoint judges soon after the governor signed the law.

The Mississippi Constitution specifies that voters elect judges for circuit courts, which handle criminal and civil cases. A state law enacted before this year allows some exceptions for appointment of judges, including when a governor chooses someone to fill a vacancy after a judge dies or resigns and when the chief justice appoints judges to help with a crowded court docket.

Mark Nelson, an attorney representing Chief Justice Mike Randolph, argued Monday that any chief justice should not be sued for carrying out judicial acts. Nelson also said Randolph “is handcuffed to argue the merits” in the lawsuit against him because judicial rules require the chief justice to remain neutral.

Carroll Rhodes, an attorney for the NAACP, argued that appointing judges is an executive or administrative act, not a judicial act. Rhodes said while the new law would create discrimination against residents of Jackson and Hinds County, the plaintiffs are not accusing Randolph himself of discrimination.

Rex Shannon, a special assistant state attorney general, said Hinds County is different from other counties because Jackson is the state’s largest city and the seat of state government. Shannon also said Jackson and Hinds County have high crime rates and “dysfunctional” local government, and Hinds County circuit court has a backlog of cases.

“It’s a problem that affects everyone, Your Honor, regardless of race,” Shannon said to Wingate.

On May 15, a state court judge dismissed a similar lawsuit, writing that the appointment of judges does not violate the state constitution. Plaintiffs have appealed that decision to the Mississippi Supreme Court.

United States News

File - Sundar Pichai, CEO of Google and Alphabet, takes part in a discussion at the Asia-Pacific Ec...

Associated Press

Google antitrust trial focused on Android app store payments to be handed off to jury to decide

SAN FRANCISCO (AP) — A federal court jury is poised begin its deliberations in an antitrust trial focused on whether Google’s efforts to profit from its app store for Android smartphones have been illegally gouging consumers and stifling innovation. Before the nine-person jury in San Francisco starts weighing the evidence Monday, the lawyers on the […]

2 hours ago

Associated Press

Israel battles militants in Gaza’s main cities, with civilians still stranded near front lines

RAFAH, Gaza Strip (AP) — Israeli forces battled Palestinian militants in Gaza’s two largest cities on Monday, with civilians still sheltering along the front lines even after massive waves of displacement across the besieged territory. Israel has pledged to keep fighting until it removes Hamas from power, dismantles its military capabilities and returns all of […]

2 hours ago

The OnlyFans logo is seen on a computer monitor in this posed photo, Thursday, Dec. 7, 2023, in St....

Associated Press

Teachers have been outed for moonlighting in adult content. Do they have legal recourse?

At a small rural Missouri high school, two English teachers shared a secret: Both were posting adult content on OnlyFans, the subscription-based website known for sexually explicit content. The site and others like it provide an opportunity for those willing to dabble in pornography to earn extra money — sometimes lots of it. The money […]

5 hours ago

A gray wolf is seen in a trail camera image on the Sherman Creek Ranch, March 26, 2023, near Walden...

Associated Press

Embattled wolves gain a new frontier in Democratic Colorado. The move is stoking political tensions

DENVER, Colo. (AP) — Wildlife officials plan to release gray wolves in Colorado in coming weeks, at the behest of urban voters and to the dismay of rural residents who don’t want the predators but have waning influence in the Democratic-led state. The most ambitious wolf reintroduction effort in the U.S. in almost three decades […]

5 hours ago

FILE - President Joe Biden speaks about investment in rail projects, including high-speed electric ...

Associated Press

Biden heads to Philadelphia for firefighters and fundraising

WASHINGTON (AP) — President Joe Biden will join Philadelphia firefighters on Monday to announce federal funding that will reopen three fire companies, according to the White House. The companies — Engine 6, Ladder 1 and Ladder 11 — were decommissioned during the Great Recession. Union leaders have said the cutbacks hampered the city’s response to […]

5 hours ago

FILE - President Joe Biden speaks at the Amtrak Bear Maintenance Facility, Monday, Nov. 6, 2023, in...

Associated Press

Biden goes into 2024 with the economy getting stronger, but voters feel horrible about it

WASHINGTON (AP) — President Joe Biden goes into next year’s election with a vexing challenge: Just as the U.S. economy is getting stronger, people are still feeling horrible about it. Pollsters and economists say there has never been as wide a gap between the underlying health of the economy and public perception. The divergence could […]

5 hours ago

Sponsored Articles

Follow @KTAR923...

Valley residents should be mindful of plumbing ahead of holidays

With Halloween in the rear-view and more holidays coming up, Day & Night recommends that Valley residents prepare accordingly.

Follow @KTAR923...

The 2023 Diamondbacks are a good example to count on the underdog

The Arizona Diamondbacks made the World Series as a surprise. That they made the playoffs at all, got past the Milwaukee Brewers in the NL Wild Card round, swept the Los Angeles Dodgers in the NLDS and won two road games in Philadelphia to close out a full seven-game NLCS went against every expectation. Now, […]

Follow @KTAR923...

West Hunsaker at Morris Hall supports Make-A-Wish Foundation in Arizona

KTAR's Community Spotlight this month focuses on Morris Hall and its commitment to supporting the Make-A-Wish Foundation in Arizona.

Federal judge extends temporary halt on appointed judges in Mississippi capital