Mississippi Today
Separate court in Jackson legit, Supreme Court says, but not appointed judges

The creation of a separate court system in Jackson is valid, the Mississippi Supreme Court ruled Thursday, but appointing judges who would work alongside elected judges in the Hinds County Circuit Court is unconstitutional.
In an 8-0 decision, the Supreme Court reversed and rendered the claim that the appointment of four special, temporary judges to the Hinds County Circuit Court was lawful. Specifically, the justices found House Bill 1020 violates the state constitution’s requirement that circuit court judges be elected by the people for a term of four years.
“In short, reading the plain language of the statute, we find the new Section 1 judges are just unelected circuit judges, appointed into the Seventh Circuit Court District to serve three-and-a-half years instead of four,” Justice James Maxwell wrote in the majority opinion.
“Even viewing Section 1’s language with a strong eye towards validity, we find Section 153’s express election requirement prohibits these particular circuit court judgeships, which are appointed for a term, and not elected,” the opinion reads. “Thus, Section 1 cannot survive constitutional scrutiny.”
The justices who joined the majority opinion were Josiah Coleman, Dawn Beam, Robert Chamberlin, David Ishee and Kenneth Griffis. Justice James Kitchens concurred in part and dissented in a separate order joined by Justice Leslie King. Chief Justice Michael Randolph recused himself from the appeal.
The law created the Capitol Complex Improvement District court to handle cases stemming from Capitol Police arrests within the district and across Jackson. The law also directs the chief justice to appoint four temporary judges to work alongside elected Hinds circuit judges.
The justices said there is no constitutional barrier for the chief justice to appoint special judges to the Hinds County court or any judicial district in the state facing “exigent circumstances,” such as emergencies and to address backlogs, according to the order.
In the Thursday ruling, the justices also affirmed several aspects of HB 1020.
The majority ruling dismissed Randolph as a defendant in the lawsuit based on judicial immunity, which is a legal practice that shields judges from civil lawsuits when they perform judicial acts. Randolph’s attorneys have argued his appointments under HB 1020 would be a judicial act.
Hinds County Circuit Clerk Zack Wallace was also dismissed as a defendant.
The majority agreed with Hinds County Chancery Court Judge Dewayne Thomas that the creation of the Capitol Complex Improvement District court is constitutional and that the Legislature has the authority to establish inferior courts like the CCID court as needed.
Kitchens and King, however, did not agree with the majority’s decision to uphold the Capitol Complex Improvement District Court and that the Legislature had “a fatal constitutional deficiency” when it failed to place the proposed inferior court under the supervision of another constitutional court.
“Upholding the CCID court requires one to resort to a mind-reading exercise in statutory construction—that, because a statutory mechanism facilitating controlling authority by the circuit court must be present and should have been enacted, we will simply pretend that it is present and proceed as if it had been enacted in the real world,” Kitchens wrote.
“This fiction of convenience overreaches our judicial function and, of ultimate importance, our constitutional duty.”
He and King also raised concerns about how people who are convicted of misdemeanors would serve time. Those convicted in the CCID court would go to the Central Mississippi Correctional Facility, rather than a county jail, according to the order.
The ruling comes two months after justices heard oral arguments about the constitutionality of the law, and the appeal stems from a lawsuit filed on behalf of Jackson residents shortly after Gov. Tate Reeves signed the bill into law.
HB 1020 was supposed to go into effect July 1, but it was paused through a separate lawsuit in federal court. The temporary restraining order blocking the chief justice from making appointments is expected to be lifted pending a written order by U.S. District Court Judge Henry Wingate.
Wingate is overseeing another challenge to HB 1020 brought by the NAACP on behalf of Jackson residents and several groups, which argues that the separate court system is racially discriminatory and unconstitutional.
The U.S. Department of Justice has asked to intervene in the lawsuit, which to date, Wingate has not taken action on.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Pearl River Glass Studio’s stained glass windows for historic Memphis church destroyed in fire
For the Pearl River Glass Studio, located in the Midtown neighborhood of Jackson, it started as an honor and labor of love, with Memphis-based artist Lonnie Robinson, who out of hundreds of artistic contestants, won the privilege to create the stained glass windows along with artist Sharday Michelle, for the historic Clayborn Temple, located in Memphis, Tennessee, as part of a massive renovation project.


This team of artisans restored three enormous stained glass windows, panel by panel, for the historic church that was a bastion for the Civil Rights movement in Memphis, Tennessee, in the 1960s. The stained glass windows depicted Civil Rights icons and paid homage to the 1968 Memphis Sanitation Strike, which lasted 64 days from Feb. 12 to April 16, 1968. It is the site where sanitation workers agreed to end the strike when city officials recognized their union and their raised wages.





Over time, the church fell into disrepair and closed in 1999.
In 2018, it was officially named a national treasure by the National Trust for Historic Preservation.

The $14 million restoration of Clayborn Temple was a collaborative effort by non-profits, movers and shakers on the national scene, community leaders and donations.







The hard work, the labors of love, the beautiful stained glass arch windows and other restorative work at the historic church all came to an end due to a fire in the wee hours of Monday morning on April 28 of this year.

The cause of the fire is currently under investigation.

This article first appeared on Mississippi Today and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.
The post Pearl River Glass Studio's stained glass windows for historic Memphis church destroyed in fire appeared first on mississippitoday.org
Mississippi Today
Podcast: Economist discusses Mississippi economy’s vulnerability
State Economist Corey Miller talks with Mississippi Today’s Geoff Pender and Bobby Harrison about the state of the state economy, chances of recession amid trade war, federal spending cuts and state tax overhaul. He declines to answer questions about MSU baseball.
READ MORE: As lawmakers look to cut taxes, Mississippi mayors and county leaders outline infrastructure needs
This article first appeared on Mississippi Today and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.
The post Podcast: Economist discusses Mississippi economy's vulnerability appeared first on mississippitoday.org
Mississippi Today
How state law allows private schools to ‘double dip’ by using two public programs for the same students
The Mississippi Legislature’s insistence of not requiring oversight has resulted in a way for private schools to “double dip,” or receive money from two separate state programs to educate the same handful of students.
There is currently no mechanism in state law to allow state officials to determine whether double dipping is occurring. More importantly, there is nothing in state law to prevent double dipping from occurring.
So, maybe the private schools are double dipping and maybe they are not. And this is not an effort to demonize private schools — many of which are doing stellar work — but to point out the lack of state oversight and to question the wisdom of sending public funds to private schools.
There are two primary programs in Mississippi that provide public funds and state tax credit funds to private schools: the Education Scholarship Account and the Children’s Promise Act.
The programs overlap in terms of the children the private schools must educate to receive the state benefits. To receive money through an Education Scholarship Account of up to $7,829 per year to attend a private school, a student must be designated as a special needs student. The special needs designation could be the result of a physical, mental or emotional issue. An attention deficit disorder, for instance, could result in a special needs designation.
On the other hand, students who make private schools eligible to receive the Children’s Promise Act tax credit benefits must have “a chronic illness or physical, intellectual, developmental or emotional disability” or be eligible for the free lunch program or be a foster child.
No more than $3 million per year can be spent through the Education Scholarship Account while the Children’s Promise Act is capped at $9 million annually.
The bottom line is that state officials do not know how many students the private schools are serving through the Children’s Promise Act state tax credits.
The Mississippi Department of Revenue, which has a certain amount of oversight of the Children’s Promise Act funds, has said in the past it knew the number of children being served in the first year a school received the state tax credit funds, but the agency does not know whether the number of students being served in following years changes.
In short, there is nothing in state law that would prevent a private school from receiving the maximum benefit of $405,000 annually while enrolling only one child fitting the definition that would make the school eligible to receive the tax credit funds.
There is a little more oversight of the Education Scholarship Account funds, though that oversight has been slow and has only occurred after a legislative watchdog group pointed out the lax oversight.
If a school has fewer than 10 students receiving the ESA funds, the state Department of Education will not release the exact number, citing privacy concerns. But the Department of Education has released the amount of ESA funds each school received during the 2023-24 school year.
According to that information, multiple schools receiving those ESA funds but educating fewer than 10 ESA students also are receiving significant Children’s Promise Act tax credit funds. According to the Department of Revenue, as of January, six schools had received the maximum tax credit funds of $405,000 for calendar year 2024.
Three of those schools also received Education Scholarship Account funds for fewer than 10 students. For instance, one private school received $16,461 in Education Scholarship Account funds, or most likely money for two students.
If the students receiving the ESA funds were the same ones making the school eligible for the $405,000 in tax credit funds, that would mean the state was paying $210,730 per student whereas the average per pupil spending in the public schools is about $11,500 per pupil in state and local funding.
Of course, state law does not prohibit private schools from educating only one child with special needs and being eligible for the maximum tax credit benefit of $405,000 annually.
Perhaps it seems far-fetched that a private school would be educating only one child to be eligible to receive up to $405,000 in tax credit funds.
But it also seems far-fetched that for years the students receiving the Education Scholarship Account funds were mandated by state law to use the money to go to schools equipped to meet their special education needs. Yet, research by the Legislature’s Performance Evaluation and Expenditure Review Committee (PEER) found the students were going to private schools that in some instances did not have any special education teachers and in some cases the students were still getting those services from the public schools.
Perhaps the Legislature’s PEER Committee needs to do some more research to determine whether double dipping is occurring.
This article first appeared on Mississippi Today and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.
The post How state law allows private schools to 'double dip' by using two public programs for the same students appeared first on mississippitoday.org
Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.
Political Bias Rating: Centrist
The article presents a critical examination of Mississippi state law and the potential for private schools to receive funds from multiple public programs, with little oversight. The tone is analytical, raising questions about the effectiveness and transparency of the system, without offering a strong ideological stance. The language is factual, with a focus on state law and fiscal policy rather than promoting a political agenda. Although the article critiques the absence of proper oversight, it avoids demonizing private schools, instead advocating for more legislative scrutiny. The piece sticks to the reporting of facts, with a call for further investigation into the issue.
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