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Constitutionality of House Bill 1020 comes into focus

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Constitutionality of House Bill 1020 comes into focus

A host of elected officials and attorneys who are increasingly scrutinizing House Bill 1020 say the original version of the legislation is likely unconstitutional — a point looming over lawmakers as they continue to debate and change the bill at the Capitol.

The bill, which passed the state House last month after four hours of debate, received national attention for seeking to create an appointed judiciary within the Blackest large city in the nation while all other similar judicial posts in the state are elected. It would also have broadly expanded jurisdiction of the white appointed state department inside the Jackson city limits.

Many lawmakers have publicly argued the bill violates the U.S. Constitution because it denies a right to vote to the city's 80%-plus Black population and allows the judges to be appointed by a white chief justice of the state Supreme Court.

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“Only in Mississippi would we have a bill like this … where we say solving the problem requires removing the vote from Black people,” Rep. Ed Blackmon, D-Jackson.

READ MORE: ‘Only in Mississippi': House votes to create white-appointed court system for Blackest city in America

But Jackson Attorney Luther Munford, who specializes in constitutional law and previously served as the head of former Gov. Ray Mabus' judicial nominating committee, recently opined the bill is unconstitutional on another level. He argues it creates a judicial system that is not allowed by the Mississippi Constitution.

“The Mississippi Constitution does not allow the displacement of elected judges. To be constitutional, the new court would have to be ‘inferior' to elected judges and subject to their ,” Munford wrote in a recent Northside Sun op-ed. “Moreover, there is nothing in the Mississippi Constitution that would allow the chief justice of the Mississippi Supreme Court or anyone else to do what the bill asks, i.e. to appoint its members. The constitution does not contemplate filling any permanent judicial office by appointment, and the temporary appointing powers it gives belong exclusively to the governor.”

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The permanent, appointed judiciary section recently was stripped completely from the House bill by the Senate. The Senate passed its version of the bill Tuesday, only including temporarily appointed judges to all of , not just the Capitol Complex district.

The Senate version now goes back to the House, where leaders can choose to accept the Senate changes or invite conference to try to work out the differences.

READ MORE: Senate passes House Bill 1020 over opposition from Jackson lawmakers

Even though the Senate stripped the language creating the separate judicial district with the appointed judges, those provisions will remain alive this and could be reinserted in the bill later in the with the agreement of Senate leaders.

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At one point, even Gov. Tate Reeves, who often has been critical of the elected leadership in Jackson and has brashly highlighted the city's problems, seemed to question the constitutionality of the bill after it passed the House.

Reeves said in February his office was working with legislative leaders “to get to the point” where the bill provides “safety and security to the citizens of Jackson while at the same time meet(ing) constitutional muster and otherwise.” He said there was still work to do on the legislation.

But a few days later after the Senate Judiciary A Committee stripped the appointed, permanent judges from the bill, the Republican governor seemed less pleased with the proposal.

“The bill that was amended in the Senate I thought took a pretty big step back in terms of just sending money to the same entities and institutions that exist now, and I don't think that is the right approach,” Reeves said.

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When was asked if he would sign the bill in the version that passed the Senate Judiciary A Committee, Reeves said he hopes work continues on the legislation.

“I am hopeful a bill gets to me I can sign, but I don't think it would be that one,” he said.

The Senate proposal would continue to allow judges appointed by Chief Justice Michael Randolph to hear cases in Hinds County through the end of 2026. But in 2026, a new judge would be elected and the appointed judges would be .

The effort is being undertaken, Republican leaders say, to help deal with crime and a backlog of criminal cases in Hinds County.

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There already exists in the city of Jackson a legislatively created Capital Complex Improvement District where a state police force has jurisdiction. The House proposal would expand the district to cover more affluent and whiter areas of Jackson.

Instead of expanding the district, the Senate proposal would the state police jurisdiction throughout the city and require city officials and Public Safety Commissioner Sean Tindell to reach agreement on how that jurisdiction would work.

Many Jackson elected officials say a major problem with the Senate proposal is that it gives the final say over police jurisdiction to the state and not the city. Jackson Mayor Chokwe Antar Lumumba, who oversees the Jackson Police Department, has said he will not sign a contract with the state if the current Senate proposal passes.

The author of the original House version is House Ways and Means Chair Trey Lamar, a Repubnlican from Senatobia. He has reiterated there is no racist intent with the legislation.

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“The Mississippi House is trying to help, not hurt, Jackson,” said Lamar on social media. Just two of the 38 Black members of the House voted in favor of the original proposal. No Black member of the Senate voted for the amended proposal.

Lamar argued the bill is constitutional. He said the Mississippi Constitution allows the to create “inferior courts,” and under his legislation the rulings of the appointed judges would be subject to review by the four existing elected judges in Hinds County.

But Munford said the process of appealing decisions of the appointed judges to the elected judges, as spelled out in the bill, is unworkable. Plus, the state constitution gives only the governor the authority to appoint judges — when a vacancy occurs and then only to the next election.

Lamar pointed out that state law does give the chief justice the authority to appoint judges in certain instances, such as to hear election challenges or when the judges in a district recuse themselves from the case.

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

Mississippi Today

Legislature, flush with cash, passes budget, completing work for 2024 session

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mississippitoday.org – Bobby Harrison – 2024-05-03 16:56:24

The Mississippi Legislature completed its work for the 2024 on Friday with the passage of a $7 billion state budget – 5.8% larger than the budget it passed last year.

The $7 billion reflects the amount spent on recurring expenses. The budget last year, one-time funds, federal relief funds and other one-time money for specific projects, actually was more than the budget passed this year.

The completion of the budget late Friday ended the bulk of lawmakers' work for the 2024 session, but legislators will return briefly Saturday to take care of procedural issues. Plus, the Legislature might reconvene on May 14 to deal with any veto from Gov. Tate Reeves.

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One of the final actions on Friday was approving a massive bill that provides state money for projects throughout the state. The legislation funds projects, work on local governmental office buildings and other projects for individual legislators.

Th total amount of the projects was $227.4 million.

In the past, projects were often funded by borrowing. But in recent years, thanks in large part to an infusion of federal COVID-19 funds and other federal funds, Mississippi, like most other states, has been flush with cash, allowing those projects to be funded with cash instead of long-term debt.

Senate Finance Chair Josh Harkins, R-Flowood, told senators paying for the projects with cash will not continue in future years. State revenue has begun to slow.

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Harkins told senators there were more than $1 billion in requests on the local level for projects.

Sen. Angela Turner Ford, D- Point, asked Harkins how it was decided which projects to fund.

Harkins said the focus was on projects and other projects where it was viewed the greatest need was.

 In addition to the pet projects for lawmakers, other capital spending included:

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  • $110 million for university projects.
  • $45 million for community college projects.
  • $160 million for work on improving state Highway 7 in Lafayette County.
  • $90 million for work on U.S. I-55 in DeSoto County.
  • $50 million for work on state office buildings throughout the state.

In total, $820 million was committed in surplus funds for building projects throughout the state. Plus, $110 million in surplus funds was pumped into the Public Employees Retirement System to shore up the pension plan.

In terms of the budget to operate agencies, House Appropriations Chair John Read, R-Gautier, said state agencies are receiving an average 5% year-over-year increase in funding.

That increase includes money to pay for increases in the premiums for the state employee plan and to pay for a .5% increase for each state agency in the contribution to the state retirement plan.

Lt. Gov. Delbert Hosemann said before the session began that dealing with financial issues facing PERS was one of the top priorities.

“We tackled the PERS issue,” Hosemann said, though, some argued that the legislative solution did not resolve all the financial issues facing the system.

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Senate Appropriations Chair Briggs Hopson, R-Vicksburg, said the state budget provides funds to allow state agencies to deal with .

“The budget is reflective of the times,” Hopson said. “State agencies are not immune to inflation. In order to provide services at the same level, we have to spend additional funds.”

The budget includes an additional $240 million in funding for K-12 schools.

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 1850

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May 3, 1850

Shadrach Minkins, right, worked at the Cornhill Coffee House and Tavern, believed to have been located in the highlighted area. Credit: Courtesy of National Park Service

Shadrach Minkins, already separated from his , escaped from the Norfolk, Virginia, home, where he was enslaved. He made his way to Boston, where he did odd until he began working as a waiter at Taft's Cornhill Coffee House.

Months later, passed the Fugitive Slave Act, which gave authorities the power to go into states and arrest Black Americans who had escaped .

A slave catcher named John Caphart arrived in Boston, with papers for Minkins. While serving breakfast at the coffee house, federal authorities Minkins.

Several local lawyers, Robert Morris, volunteered to represent him. Three days later, a group of abolitionists, led by African-American abolitionist Lewis Hayden, broke into the Boston courthouse and rescued a surprised Minkins.

“The rescuers headed north along Court Street, 200 or more like the tail of a comet,” author Gary Collison wrote. They guided him across the Charles to the Cambridge home of the Rev. Joseph C. Lovejoy, whose brother, Elijah, had been lynched by a pro-slavery mob in Illinois in 1837.

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Another Black leader, John J. Smith, helped Minkins get a wagon with horses, and from Cambridge, Hayden, Smith and Minkins traveled to Concord, where Minkins stayed with the Bigelow family, which guided him to the Underground Railroad, making his way to Montreal, spending the rest of his life in Canada as a free man.

Abolitionists cheered his escape, and President Millard Fillmore fumed. Morris, Hayden and others were charged, but sympathetic juries acquitted them. Meanwhile in Montreal, Minkins met fellow fugitives, married, had four and continued to work as a waiter before operating his own restaurants.

He ended his career running a barbershop before dying in 1875. A play performed in Boston in 2016 told the dramatic story of his escape.

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

Did you miss our previous article…
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Mississippi Today

Medgar Evers will receive Presidential Medal of Freedom

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At her husband's funeral in 1963, Myrlie Evers heard NAACP Executive Director Roy Wilkins declare, “Medgar Evers believed in his country. It remains to be seen if his country believes in him.”

Later today, his country will declare its belief in him when the family of the slain Mississippi NAACP leader receives the Presidential Medal of Freedom, the highest civilian honor.

But Medgar Evers was more than a civilian. He fought the Nazis in World War II, only to return home and fight racism, this time in the form of Jim Crow, which barred Black from the ballot box.

On his 21st birthday, he and other Black veterans of the war went to vote at the courthouse in Decatur, where they were met by white with guns.

Afterward, he vowed he would never be defeated again and that he would keep fighting by joining others dedicated to the cause of the movement.

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“The movement for equality was always on his mind, and whites' denial of his right to vote in his hometown served as one cog of many in the overall wheel of injustice, a wheel of which he was bound and determined to break,” said Michael Vinson Williams, author of “Medgar Evers: Mississippi Martyr.”

Myrlie Beasley met Medgar Evers on the first day of her freshman year at Alcorn A&M College in fall 1950. As she leaned against a light pole, she said he told her to be careful, “you might get shocked.”

And shocked she was when she fell in love and married him a year later. He was one of those military veterans that her family had warned her about. And he was involved in the movement that her family had avoided.

She joined him in the fight, and they moved to Mississippi's only all-Black town, Mound Bayou, where he helped Dr. T.R.M. Howard lead a boycott. They distributed thousands of fluorescent bumper stickers that read, “Don't Buy Gas Where You Can't Use the Restroom.”

In January 1954, the of Mississippi School of Law turned Medgar Evers away because of the color of his skin. NAACP officials considered taking his case to court, but they were so impressed with him they hired him instead as the first field secretary for the Mississippi NAACP.

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Myrlie Evers worked as his secretary. She said he insisted they call each other “Mr. Evers” and “Mrs. Evers” in the office.

He spent much of his time on the road, putting 40,000 miles a year on his car, recruiting new members, reviving branches and inspiring young people to participate in the movement, including Joyce Ladner, who invited him to speak to the NAACP Youth Council in Hattiesburg.

“He had a quiet courage,” she recalled. “I was always amazed that he drove up and down Mississippi's two-lane highways alone at night. He was a marked man, but he kept on going.”

Joan Mulholland is seen holding a photo of her booking shot taken when sge and othger Freedom Riders were arrested in Mississippi un 1961. Credit: Courtesy of the Mulholland family

In 1961, Joan Trumpaeur Mulholland was one of more than 400 Freedom Riders, half of them white, who challenged segregation laws in the South. She and other Riders were arrested and sent to serve their time at the State Penitentiary at Parchman.

When she and other Riders needed a lawyer, Medgar Evers “was the one who took care of it,” she said.

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He became a model for her and others in character and courage, talking often to Tougaloo College , she recalled. “He wasn't intimidated.”

In 1962, Evers installed Leslie McLemore as president of the Rust College chapter of the Mississippi NAACP. “Medgar Evers was really a brilliant man,” he said. “He had an incisive mind and personality that drew people to him. In another era, he could have been a U.S. senator from Mississippi or maybe even President.”

Evers investigated countless cases of intimidation and violence against Black Americans, including the 1955 murder of Emmett Till. Evers often dressed as a sharecropper in those investigations.

No matter where he went, threats of violence followed. He bought an Oldsmobile 88 with a V-8 engine so powerful it would most cars behind. On some dark nights across the Mississippi Delta, he floored it to escape those hell-bent on harming him.

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His name appeared on Ku Klux Klan “ lists,” and his home telephone rang at all hours with threats to him and his family.

When his daughter, Reena, answered the phone one time, she heard a man saying he planned to torture and kill her father.

In spite of these threats, he stayed. He told Ebony magazine, “The state is beautiful, it is home, I love it here. A man's state is like his house. If it has defects, he tries to remedy them. That's what my job is here.”

On May 20, 1963, Evers talked on television about the mistreatment of Black Mississippians. “If I die, it will be a good cause,” he told The New York Times. “I'm fighting for America just as much as the soldiers in Vietnam.”

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Weeks later, President Kennedy delivered his first and only civil rights speech, telling the millions watching on television, “If an American, because his skin is dark, cannot eat lunch in a restaurant open to the public, if he cannot send his children to the best public school available, if he cannot vote for the public officials who will represent him, if, in short, he cannot enjoy the full and life which all of us want, then who among us would be content to have the color of his skin changed and stand in his place?”

Evers smiled. He and other Black leaders had urged Kennedy to push Congress for a civil rights bill, and now that seemed certain to happen.

Hours later, returning home from a late civil rights meeting, Evers was shot in the back in the driveway of his Jackson home.

Myrlie Evers and their three children dashed outside, saw the blood and screamed. “Daddy!” Reena yelled. “Please get up, Daddy.”

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He never did.

“He had the courage to hold an impossible job at a crucial turning point in American history,” said Taylor Branch, the Pulitzer Prize-winning author of a trilogy on the civil rights movement.

For the first time, members of the mainstream press didn't call such a killing “a lynching,” he said. “They called it an assassination.”

In his book, “Parting the Waters,” he wrote, “White people who had never heard of Medgar Evers spoke his name over and over, as though the words themselves had the ring of legend. It seemed fitting that the casket was placed on a slow train through the South, bound for Washington so that the body could lie in state.”

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After the casket arrived, Medgar Evers was buried with full military honors at Arlington National Cemetery.

“The tragedy of his martyrdom is eloquent testimony to the courage and dedication of a leader who — in his lifetime — deserved the respect and support of the powerful people who later publicly identified with this man and his cause,” said John Dittmer, author of “Local People: The Struggle for Civil Rights in Mississippi.” “Though long overdue, this award is a fitting to Medgar Evers and his family.”

A year after Evers' assassination, Congress passed the Civil Rights Act on his birthday, and President Lyndon B. Johnson signed the bill into law hours later.

“Medgar Wiley Evers boldly stood against injustice, against oppression, against this country's determination to keep Black people as second-class citizens,” Williams said, “and he was murdered because of his commitment to truth, justice and the struggle for civil and human rights.”

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Before leaving office as governor in 1984, William Winter hosted Myrlie Evers and her family at the mansion, where he remarked that Medgar Evers did more than just free Black Mississippians, he freed white Mississippians as well from the bonds of racial segregation, oppression and hate, he said. “We were all prisoners of that system.”

It took three decades before Evers' killer was finally brought to justice in 1994, and that verdict helped to inspire the reopenings of other cases. There have been 24 convictions in civil rights cold cases.

Myrlie Evers' courage to press for justice in her husband's case started all of this, said Leslie McLemore, who helped found the Fannie Lou Hamer National Institute on Citizenship and Democracy. “It would not have happened without her persistence.”

When she learned last about the Presidential Medal of Freedom honoring her late husband, she exclaimed to her daughter, Reena Evers-Everette, “Oh, my God!”

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Then Myrlie Evers grew silent.

“I'm just utterly speechless,” she said, “and frozen with gratitude.”

Evers-Everette still misses the man she knows as “Daddy,” but she perseveres as the executive director for the Medgar and Myrlie Evers Institute, because his spirit inspires her.

“I feel him around me all the time,” she said. “I marvel at his courage, stamina, vision, and commitment for equality and justice for his people and all of humanity. I pray for his love and wisdom as I pursue this work, because I don't want him to have died in vain.”

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

Did you miss our previous article…
https://www.biloxinewsevents.com/?p=354725

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