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Hinds judge mulls putting hold on law creating separate court district in Jackson

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The three Jackson women serving as plaintiffs in a lawsuit challenging the controversial House Bill 1020 testified Wednesday the would impact their right to elect judges from their community like other residents of the are able to do. 

“It adds insult to injury,” said plaintiff Ann Saunders about the establishment of a Capitol Complex Improvement District court within Jackson.

“It's usurping the right that the great state of Mississippi has written into its constitution that I have,” she said. “For some reason my , my county is being singled out for something other than legitimate access to the court and a legitimate reflection of the court that represents our vote.”

Saunders testified with plaintiffs Dorothy Triplett and Sabreen Sharrief before Hinds Chancery Judge Dewayne , who ordered a temporary restraining order last .

The goal of the Wednesday hearing was to hear from the plaintiffs and for the attorneys to make their case about the constitutionality of HB 1020.

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Residents and Democratic lawmakers have spoken out against HB 1020, including concerns that it would empower white state officials to appoint judges instead of having them elected by citizens of the majority-Black city and create a separate force within Jackson.

Jackson lawmakers say they were not consulted in the crafting of the legislation.

Thomas is expected to rule by the end of the week whether to approve a preliminary injunction to stop the bill from being implemented. That decision could lead to either of the sides asking for the Mississippi Supreme Court to hear the lawsuit in an appeal.

MacArthur Justice Center Director Cliff Johnson, one of the plaintiffs' attorneys, said the ultimate goal is a permanent injunction that would prevent the appointment of temporary judges and the creation of a Capitol Complex Improvement District court.

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Gov. Tate Reeves signed HB 1020 into law April 21, and within days it two lawsuits – one by the NAACP in federal court and the other in state court. Both lawsuits argue HB 1020 is unconstitutional. 

The plaintiffs are represented by the ACLU of Mississippi, the , the MacArthur Justice Center and the Legal Defense and Educational Fund.

“We begin where we end with the constitution,” Johnson told the judge about the state constitution requirement that all circuit court judges be elected. “The Legislature went too far and it missed the mark.”

Rex Shannon, an attorney from the 's office, said the state is against an injunction and that HB 1020 doesn't violate the state constitution because the Legislature can create inferior courts and because the constitution allows temporary judges to be appointed.

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The state has also asked for the lawsuit to be dismissed, arguing that it doesn't have proper jurisdiction with the chancery court, it doesn't show violation of the constitution and it doesn't show that the plaintiffs have suffered or will suffer harm that is different from harm experienced by the general public.

Johnson said there is a notion by the state that Jackson is troubled and that justifies state intervention in the local criminal justice system and the deprivation of the rights of Hinds County residents.

Shannon said HB 1020 is the Legislature's way to address crime in Jackson

The defendants in the state lawsuit are Mississippi Supreme Court Justice Michael Randolph, who would be tasked with appointing four temporary judges to the Capitol Complex Improvement District Court; Hinds County Circuit Clerk Zack Wallace; and Greg Snowden, director of the state's Administrative Office of Courts.

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On Wednesday, Judge Thomas approved a motion by the plaintiffs to add additional defendants: Gov. Reeves, Attorney General Lynn Fitch and the State of Mississippi.

Randolph has asked to be dismissed as a defendant on the grounds of judicial immunity and to maintain conduct that prohibits him from making public comments on pending matters, said attorney Mark Nelson.

Wallace also asked to be dismissed as a defendant because he has no role in the lawsuit and would distribute cases based on Supreme Court orders, said attorney Attorney Pieter Teeuwissen.

Johnson said the plaintiffs sued defendants who would be responsible for implementing the law, such as the clerk who would assign cases, the Administrative Office of Courts who would staffing and set pay and the chief justice for appointing judges.

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Thomas is expected to rule this week whether to keep Randolph and Wallace as defendants and whether the attorney general's office can dismiss the lawsuit.

“Thank you for your patience, and I will try to do my best,” Thomas said at the end of the Wednesday hearing.

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 1951

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April 28, 1951

Ruby Hurley Credit: Wikipedia

Ruby Hurley opened the first permanent office of the NAACP in the South.

Her introduction to activism began when she helped organize Marian Anderson's 1939 concert at the Lincoln Memorial. Four years later, she became national youth secretary for the NAACP. In 1951, she opened the organization's office in Birmingham to grow memberships in Alabama, Florida, Georgia, Mississippi and Tennessee.

When she arrived in Mississippi, there were only 800 NAACP members. After the governor made remarks she disagreed with, she wrote a letter to the editor that was published in a Mississippi newspaper. After that step in courage, membership grew to 4,000.

“They were surprised and glad to find someone to the governor,” she told the Chicago Defender. “No Negro had ever challenged the governor before.”

She helped Medgar Evers investigate the 1955 murder of Emmett Till and other violence against Black Americans. Despite threats, she pushed on.

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“When you're in the middle of these situations, there's no room for fear,” she said. “If you have fear in your heart or mind, you can't do a good job.”

After an all-white jury acquitted Till's killers, she appeared on the front of Jet magazine with the headline, “Most Militant Negro Woman in the South.”

Months later, she helped Autherine Lucy become the first Black student at the of Alabama.

For her work, she received many threats, a bombing attempt on her home. She opened an NAACP office in Atlanta, where she served as a mentor for civil rights leader Vernon Jordan, with whom she worked extensively and who went on to serve as an adviser to President Bill Clinton.

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After learning of Evers' assassination in 1963, she became overwhelmed with sorrow. “I cried for three hours,” she said. “I shall always remember that pool of blood in which he lay and that spattered blood over the car where he tried to drag himself into the house.”

She died two years after retiring from the NAACP in 1978, and the U.S. Post Office recognized her work in the Civil Rights Pioneers stamp . In 2022, she was portrayed in the ABC miniseries, “Women of the Movement.”

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

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Mississippi Today

Rare open negotiations occur on important Medicaid expansion issue

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mississippitoday.org – Bobby Harrison – 2024-04-28 06:00:00

The curtain was pulled back last week for the first time in years on the Mississippi Legislature's often mysterious conferencing process.

A conference committee consists of three representatives and three senators appointed to try to reach agreement when the two chambers pass differing versions of the same bill. Last week, a conference committee formed to try to reach agreement on expansion caused a stir by meeting in a public setting.

Even though the joint rules of the Mississippi Legislature call for an open conferencing process, the conferees seldom meet in public. They usually meet and negotiate their differences near the end of the behind closed doors.

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That was not always the case.

For a period in the late 1990s and early 2000s, the Legislature, under intense pressure from the Mississippi Press Association, made open conference committees the norm.

Some major issues have been played out in public conference committees. Notable open conferences include:

  • The infamous, excruciatingly long special session in 2002 where businesses received more protection from lawsuits.
  • Budget fights when Haley Barbour was governor when legislators often would reach an impasse in the negotiations process and spend the bulk of their time talking about their cars and eating candy.
  • The major rewrite of the 's economic development package under then-Gov. Ronnie Musgrove called Advantage Mississippi.
  • The Mississippi Adequate Education Program, which for decades has provided the state's share for the basic operation of local school districts. It was hammered out in an open conference process in 1997 even before the joint rules mandated the open process.

Then-state Sen. Musgrove and former House Speaker Billy McCoy deserve credit or blame, according to one's perspective, for proving the open conference process could work. When they chaired their respective chamber's education committees, they insisted on an open conference process.

But in more recent years, open conference committees have been few and far between. The joint rule has been largely ignored.

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The fact that the three House and three Senate conferees agreed to meet at least once in public on Medicaid expansion — one of the most pivotal issues facing the Legislature in recent years — drew considerable attention.

If nothing else, the open conference committee provided a raw and unedited view of how far apart the two chambers were at the time on an issue that would additional care coverage to primarily the working poor.

The House wanted to provide coverage to those earning up to 138% of the federal poverty level, or about $20,000 annually for an individual, while the Senate had proposed providing coverage to those earning less than 100% of the federal poverty level, or about $15,000 per year.

According to various experts, the House plan would provide coverage to many more working and cost less to the state than would the Senate plan. The reason for the lower cost to the state is that when expanding to 138%, the federal will pay 90% of the costs and provide the state an additional roughly $700 million over two years as an enticement to expand.

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Under the Senate plan, the federal government will pay 77% of the cost and offer no incentives. It is important to understand that in the expensive world of , the difference in 77% of the cost and 90% means tens of millions to Mississippi state coffers.

The House conferees repeatedly pointed out those numbers — their plan covering more at less cost — during last week's open conference committee.

One of the reasons legislators through the years have not been enamored with an open conference process is that it has often turned into efforts by the negotiators to sell their position to the public.

Once the open conference process starts, the side that feels the most comfortable with its position wants to meet more often in full view of the public to make sure the public understands where each side stands.

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For whatever it is worth, the House conferees were more enthusiastic about continuing the open process after the initial Medicaid expansion conference committee.

And after that initial open conference, the Senate offered a compromise to those earning up to 138% of the federal poverty level — just as the House proposed.

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

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Mississippi Today

Legislation to strip key power of PERS Board passes both chambers

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mississippitoday.org – Bobby Harrison – 2024-04-27 15:39:23

Legislation that strips significant power from the board that governs the state's public employee pension program has passed both chambers of the .

Under the legislation set to go to Gov. Tate Reeves during the final days of the 2024 , the Public Employees Retirement System Board would no longer have the authority to increase the contribution rate levied on governments (both on the state and local level) to help pay for the massive retirement system.

The legislation, which passed both chambers in recent days, was a reaction to the decision by the board to increase by 5% over a three-year period the amount local governments contribute to each employee's paycheck for their retirement. Under the PERS Board plan, the employer contribution rate would have been increased to 22.4% over three years, starting with a 2% increase on July 1.

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The board said the increase was needed to ensure the long-term financial stability of the system that pays retirement for most public employees on the state and local levels, including staff of local school districts and universities and community colleges.

and county in particular argued that the 5% increase would force them to cut government services and lay off employees.

Under the bill passed by the Legislature there still would be a 2.5% increase over five years — a .5% increase in the employer contribution rate each year for five years.

In addition, legislative said they plan to put another $100 million or more in state tax dollars into the retirement system in the coming days during the appropriations .

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Under current , the PERS Board can act unilaterally to increase the amount of money governmental entities must contribute to the system. But under the new bill that passed both chambers, the board can only make a recommendation to the Legislature on increasing the employer contribution rate.

The PERS Board also would be required to include an analysis by its actuary and independent actuaries on the reason the increase was needed and the impact the increase would have on governmental entities.

In the 52-member Senate, 14 Democrats voted against the bill. Only one House member voted against the proposal.

Sen. David Blount, D-, said the bill failed to address the financial issues facing the system. He said a permanent funding stream is needed.

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Blount said, “You are moving in the wrong direction and weakening the system” with the bill the Legislature approved. “Is it painful? Is it going to cost more money? Yes, but we need to do it” to fix the system.

The system has assets of about $32 billion, but debt of about $25 billion. But Sen. Daniel Sparks, R-Belmont, and others argued that the debt was “a snapshot” that could be reduced by strong performance from the stock market. The system depends on its investments and contributions from employers and employees as sources of revenue.

The system has about 360,000 members including current public employees and former employees and retirees.

The legislation states that no changes would be made for current members of the system. The legislation does reference looking at possibly changing the system for new employees. But that would be debated in future legislative sessions.

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The bill does not include an earlier House proposal to dissolve the PERS Board, which consists primarily of people elected by the members of the system, and replace them with political appointees.

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

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