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Ethics Commission’s final order: Law does not require Legislature to meet in public

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Ethics Commission's final order: Law does not require Legislature to meet in public

Members of the Mississippi Ethics Commission by a 5-3 vote Wednesday reiterated their belief that the state , which appropriates more than $20 annually in state and federal funds, is not bound by the open meetings law.

In reaching the conclusion, the majority said the Ethics Commission, a state agency, could not rely on guidance from the Mississippi Constitution.

The constitution states in Section 58 “the doors of each house in or in committee of the whole, shall be kept open.”

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Five members of the Ethics Commission said they were required by law to rule only on issues related to the state's open meetings law and the law, they claimed, does not include the Legislature as a public body.

Wednesday's meeting was the third one this month where the commission grappled with the issue. The order adopted Wednesday saying the Legislature is not a public body as defined by the open meetings law was a final order.

The issue arose from a complaint filed by the Mississippi Free Press saying House Speaker Philip Gunn was violating the open meetings law when the Republican Caucus, which includes 75 members of the 122-member House, meets routinely behind closed doors. The constitution mandates that a majority of either the House or Senate is a quorum or enough members to conduct business.

Mississippi Today has documented, based on multiple accounts, that the House Republican Caucus often discusses policy issues and legislation during the closed-door meetings. When other public bodies have met behind closed doors to discuss policy issues, it has been deemed to be a violation of the open meetings law by the courts.

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The Free Press and Mississippi Center of Justice said Wednesday it would appeal the Ethics Commission ruling.

“Although the (state) Constitution requires the Legislature to keep its doors open when in session, the Open Meetings Act is even more comprehensive and would require that other meetings of legislators, like the Republican Caucus, be open to the public when they constitute a quorum and are discussing public business,” said Rob McDuff, a Center for Justice lawyer. “We are appealing because we believe the Ethics Commission got it wrong, but the Legislature could easily fix this by requiring itself to live up to the standards it requires of other public bodies.”

Commissioner Maxwell Luter of Tylertown offered a proposal that said while the commission does not have the authority to rule on constitutional issues, it could not ignore what the state constitution said. For that reason, he said, the commission should not rule and it to the courts to make a final .

Luter said the public perception of the Ethics Commission was at stake. He said it “is very important to know we (Ethics Commission members) make just decisions.”

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Commissioner Ron Crowe of Brandon, the former executive director of the Ethics Commission, also opposed the finding that the Legislature is not a public body. He said the issue is “eerily” similar to an issue that arose with the state constitution's conflict of interest provision. In the 1980s the commission interpreted the provision as prohibiting certain people, such as public school teachers, from serving in the Legislature.

Instead, of making that ruling, Crowe said the commission opted to allow the Legislature to address it. Ultimately, the courts sided with the Ethics Commission.

Commissioner Robert Waites of Brandon, a former House attorney in the 1980s, also opposed the finding that the Legislature is not a public body under the open meetings law.

The five commissioners who passed the motion saying the Legislature is not a public body are long-time Chairman Ben Stone of , Vice Chair Sean Milner of Clinton, Stephen Burrow of , Erin Lane of Ridgeland and Samuel Kelly of .

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Most of the five said they believe the Legislature should be a public body, but that the open meetings law is ambiguous on whether it applied to the Legislature. And if the law is ambiguous, then they had no choice but to rule that the Legislature is not covered.

But Milner said, “I don't believe it is ambiguous. I think the law is clear (that it does not apply to the Legislature) once we apply proper interpretation.”

The law says most legislative committees are bound by open meetings requirements, but does not specifically list the Legislature among those public bodies that are included. McDuff, the Center for Justice attorney, pointed out the law says the open meetings mandate also applies “to any other policymaking entity.” Since the Legislature is the state's primary “policymaking entity,” the law, of course would apply to lawmakers, McDuff said.

But a majority of the commission said the phrase “policymaking entity” referred to various executive boards, not the Legislature.

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Under the nation's and state's system of checks and balances, legislators, the Mississippi Legislature, generally make laws or policy and the executive agencies carry out those policies and laws.

The Ethics Commissioner members are appointed by the governor, speaker, lieutenant governor, and chief justice of the Supreme Court.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 1959

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mississippitoday.org – Jerry Mitchell – 2024-04-18 07:00:00

April 18, 1959

The Youth March for Integrated Schools on Oct. 25, 1958. A second march followed on April 18, 1959. Credit: Courtesy of National Archives

About 26,000 took part in the Youth March for Integrated Schools in Washington, D.C. They heard speeches by Martin Luther King Jr., A. Phillip Randolph and NAACP leader Roy Wilkins. 

In advance of the march, false accusations were made that Communists had infiltrated the group. In response, the put out a statement: “The sponsors of the March have not invited Communists or communist . Nor have they invited members of the Ku Klux Klan or the White Citizens' Council. We do not want the participation of these groups, nor of individuals or other organizations holding similar views.” 

After the march, a delegation of students went to present their demands to President Eisenhower, only to be told by his deputy assistant that “the president is just as anxious as they are to see an America where discrimination does not exist, where equality of is available to all.” 

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King praised the students, saying, “In your great movement to organize a march for integrated schools, you have awakened on hundreds of campuses throughout the a new spirit of social inquiry to the benefit of all Americans.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Bill would limit how long those convicted could seek relief, even if wrongfully convicted

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Legislation being debated in a conference committee would restrict how “Goon Squad” victims and others can get relief if they have been wrongfully convicted.

House Bill 1253 would impose a one-year limitation on newly discovered evidence.

The bill passed the House. The Senate passed an amended version. The House invited conference. Conferees are Kevin Horan, Lance Varner and Celeste in the House and Joey Fillingane, Daniel Sparks and Derrick Simmons in the Senate.

“It would impact the constitutional right to access the courts in Mississippi by any inmate — innocent persons and Goon Squad victims included,” Krissy Nobile, director of the Mississippi Office of Capital Post-Conviction Counsel, said of HB 1253. “It is terrible legislation that is detached from how the legal system actually works.”

Lynn Fitch's office, which has been pushing for the passage, defends the bill.

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“HB 1253 streamlines the pathway to justice and closure for victims of and families of homicide victims, restoring some balance to the post-conviction appellate ,” said Fitch's chief of staff, Michelle Williams.It would be a wonderful way to mark Crime Victims' Rights Week next week with passage of this important legislation.”

The bill is being touted as a way to streamline appeals of those who have been convicted, but defense lawyers worry that this change may erode constitutional rights.

In January 2023, five deputies for the Rankin County Sheriff's Department and a Richland officer, who were part of a “Goon Squad” operation, broke into a house without a warrant, tortured two Black men, Michael Corey Jenkins and Eddie Terrell Parker, threatened to use a sex toy on them and shoved a gun in Jenkins' mouth and shot him. To conceal their crimes, they destroyed surveillance footage, planted false evidence and lied to investigators.

Last month, a federal judge sentenced those to between 18 and 40 years in prison. They received similar sentences in court.

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But an investigation by the Mississippi Center for Investigative at Mississippi Today and The New York Times uncovered allegations that torture, coerced statements and false incident reports involving, not only these six officers, but more than a dozen others with cases that may stretch back two decades. Some of those interviewed alleged that deputies also planted evidence and filed false charges against them.

Rankin County District Attorney Bubba Bramlett has said his office is examining pending cases involving these six officers. In any cases where their testimony was essential or the integrity of the investigation may have been compromised, those cases are being dismissed, he said.

But Bramlett has declined to explain how far back his office will look, and questions remain about how many of those by the Rankin County Sheriff's Department on drug charges have been either wrongfully charged or convicted.

State Public Defender Andre de Gruy sees problems with this legislation for cases involving claims of wrongful convictions.

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“For this [Goon Squad] scandal, it would be one year from passage,” said State Public Defender Andre de Gruy. “Future scandals might be harder to predict, and a lawyer miscalculating and not filing on time would not be an excuse.”

Nobile said a one-year window is hardly enough time to develop new evidence and file a petition. “The discovery of new evidence and the in forensic sciences sometimes takes years to develop,” she said.

For instance, the last five people exonerated from Mississippi's death row were wrongfully imprisoned for 22 years on average, she said.

If this new bill had been the law, she said these five people might have been executed, only for them to be exonerated after their deaths.

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Nobile said the has recently decided that it has no power to recognize constitutional rights after someone is convicted, even if those rights are violated.

“My concern about the core constitutional rights is that they deserve to be protected because they are, by their very nature, in the state and-or federal constitution,” she said. “When a person's criminal case is infected with constitutional defects, especially when a verdict is made unsafe as a result, finality is not a legitimate interest. In that event, finality is a fiction, and all that exists is an interest in expediency.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

‘If you can’t vote, you’re nobody:’ Lawmakers hear from rehabilitated felons who still can’t exercise right

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mississippitoday.org – Taylor Vance – 2024-04-18 04:00:00

Kenneth Almons has not received so much as a speeding ticket since he was released from the Mississippi Penitentiary nearly three decades ago, but a punitive state policy still forces him to carry a sense of shame each day.

At 51, he's run his own business, currently works for the city of , has raised three children and has, by most standards, been a picture-perfect example for what state officials would consider being rehabilitated and re-entering society. 

But because he was convicted of armed robbery and aggravated assault at 17 years old, he still cannot cast a vote in a Mississippi election. 

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“We all make mistakes,” Almons told a group of state lawmakers on Wednesday. “Some are just greater than others.” 

Almons is one of thousands of who have lost their right to vote for because of a Jim Crow-era provision in the state constitution that imposes a permanent voting ban on people who have been convicted of certain felony offenses. 

The white supremacist drafters of Mississippi's 1890 Constitution first established a list of disenfranchising crimes they believed at the time were more likely to be committed by Black people. 

Under the Mississippi Constitution, people convicted of any of 10 felonies — including perjury, arson and bigamy — lose their voting rights for life. Opinions from the Mississippi 's Office since expanded the list of disenfranchising felonies to 23, including armed robbery.

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About 55,000 names are on the Secretary of State's voter disenfranchisement list as of March 19. The list, provided to through a public records request, goes back to 1992 for felony convictions in state court. 

Lawmakers who attended the hearing asked Almons, who served five years in state prison, what it would mean if the state restored his voting rights.  

“It would mean I'm no longer a nobody,” Almons responded. “And if you can't vote, you're nobody. And in the public's eye, I'm a nobody.” 

The GOP-majority House overwhelmingly passed legislation earlier this along bipartisan lines that would have automatically restored voting rights to people who served their sentences for nonviolent felonies. But Senate Constitution Chairman Angela Burks Hill, a Republican from Picayune, killed the measure by not bringing it up for a vote in committee. 

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The House measure likely would not have restored Almons' suffrage because armed robbery is considered a violent crime, but it would have created a pathway for thousands of other Mississippians to regain their voting rights. 

Democratic Rep. Kabir Karriem of Columbus criticized Hill's decision to kill the House measure but said her inaction should galvanize lawmakers and other advocates to double down on their efforts to advance suffrage legislation.  

“Restoring voting rights is not merely a political matter,” Karriem said. “It is a fundamental human rights issue. The right to vote is the cornerstone of our democracy.” 

Hill did not respond to a request for comment, but she previously told Mississippi she decided not to take the felony suffrage measure up because the “Constitution speaks for itself.” 

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Though the House's major suffrage bill is dead, lawmakers can still introduce individual bills to restore voting rights on behalf of citizens, but the process is burdensome. It requires two-thirds of lawmakers in both legislative chambers to vote in favor of restoring suffrage in individual cases. 

“We have a process in the that helps to restore individuals' voting rights, but it is a terrible process,” Democratic Rep. Zakiya Summers of Jackson said. “And it's a cumbersome process. And there really is no easy way to navigate it.” 

The Legislature last year did not pass any suffrage restoration bills. A person can also seek a gubernatorial pardon, though no executive pardon has been handed down since Gov. Haley Barbour's final days in office in 2011.

Lawmakers in both chambers of the Capitol have filed around 50 individual suffrage bills so far this session. The speaker of the House and the lieutenant governor have referred those bills to the respective Judiciary B committees for consideration. 

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Neither committee is currently to conduct a meeting on the suffrage bills, but lawmakers can consider those measures until the last remaining days of the 2024 session.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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