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Mississippi court candidates tell you why they should be elected

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mississippitoday.org – Daja E. Henry, The Marshall Project – 2024-09-24 05:00:00

An illustration shows circles with portraits of seven judges and three question marks.

This article was published in partnership with The Marshall Project, a nonprofit news organization covering the U.S. criminal justice system, and Mississippi Today. Sign up for The Marshall Project’s Jackson newsletter, and follow them on Instagram, TikTok, Reddit and Facebook.

Along with the presidential and congressional elections on Nov. 5, Mississippi voters across a number of counties will be asked to select candidates to sit on the state Supreme Court, Court of Appeals and an open seat on the Hinds County Court.

Our election guide provides an in-depth look at who’s running for these nonpartisan seats. You can download a printable PDF of our Judicial Election Guide here.

We also asked each candidate to respond to five questions from The Marshall Project – Jackson and Mississippi Today, which are posted below. Not all candidates responded.

Supreme Court District 1, Place 3 (Central Mississippi, including Jackson)

Five candidates, including incumbent

1. Please tell voters why you are most qualified for this seat.

This is not a personal criticism of any of my opponents. Rather, it is a commentary on our vastly different professional backgrounds. 

My lengthy experience in the legal profession and my nearly 16 years of experience as an appellate judge cannot be matched by any of my opponents. 

For example, I am not aware of any relevant experience in the field of criminal law on the part of any of them. Whatever exposure to that subject they may have had appears to have been academic as opposed to practical. I understand that one of the candidates had a clerkship at the Mississippi Supreme Court, which would have provided him additional academic experience in criminal law, and civil law as well. 

All of the candidates graduated from law school, as far as I know. In most law schools, criminal law is a first-year, required subject for all students. Some of my opponents also may have taken an elective course in criminal procedure. The study of constitutional law certainly has a criminal law component, and constitutional law is a required, first-year course. 

But to study criminal law is one thing and to practice it is another. I have a strong background in that field. The first jury trials I had, as a young lawyer, were murder trials in which I was court-appointed. Early in my career, I defended numerous criminal cases in Mississippi courts, some appointed and some hired. 

During my fifth year as a member of the Bar, I was elected district attorney for four Mississippi counties. I served in that capacity for nine full years. I had very little help, which resulted in my personally trying almost all the cases that went to trial. 

During the years between my service as district attorney and my service on the Supreme Court (27 years), I was in private practice and I handled hundreds of criminal cases on the defense side, some of which involved appeals to the Court on which I now serve. 

During my years in private law practice (June 1967-January 1972, then January 1981-December 2008) I represented mostly Mississippi people in a vast array of civil and criminal matters. This included cases in the state’s circuit, chancery, county, justice, and municipal courts, and also in the federal courts. The kinds of cases I handled for my clients involved the same kinds of legal issues I dealt with as a practicing attorney. 

I had been an active, practicing Mississippi attorney for more than 40 years before I asked the people to allow me to serve on their state’s highest court. No other candidate can come close to my solid record of legal experience.

2. Mississippi has one of the highest incarceration rates in the world. How should the state’s criminal legal system properly balance punishment and rehabilitation?

This is a policy question and, as such, it would be improper for me to answer it.

3. A 2023 state Supreme Court rule required reforms to the state’s public defense systems. Do you believe this change is adequate to ensure indigent defendants are provided lawyers after arrest, or is there more that needs to be done?

It is not appropriate for me (to) express my personal beliefs on this subject.

4. Mississippi elects its judges and justices. This requires candidates to fundraise and solicit donations, often from lawyers, law firms and special interest groups. How can you accept contributions while still maintaining a sense of impartiality on the court?

Judicial candidates are prohibited from soliciting campaign contributions in Mississippi. Solicitations must be conducted through a committee that is designated by the candidate. 

During my two previous campaigns, and in the present one, I did not, and I do not allow my committee members to disclose the identity of campaign donors to me. I have never looked at the lists of contributors to my campaigns, and I have not looked at the lists of my opponents’ donors. Accordingly, I do not know who did or did not contribute to my campaigns, and neither do I know who did, or did not, contribute to the campaigns of my opponents. 

5. The criminal justice system in Mississippi has a history of racial disparities. Do you believe these disparities exist today, and if so, how will you address them from the bench?

In pertinent part, my oath of office requires me to “. . . administer justice without respect to persons. . . .” I have been faithful to that oath, and I will continue to do so.

The Challengers

Branning did not acknowledge or return the candidate questionnaire from The Marshall Project – Jackson and Mississippi Today. 

1. Please tell voters why you are most qualified for this seat.

There are five candidates running for the position of Mississippi Supreme Court Justice, some of whom I have never met. All of the candidates have been statutorily qualified because their names have been placed on the ballot.

I will answer this question by stating why I am well qualified to serve for the position of Mississippi Supreme Court Justice and why I feel that the voters should vote for me. I worked my way up the ladder in the legal profession. As a solo practitioner, I practiced both civil and criminal law. I served as a guardian ad litem in youth court and also represented juveniles in youth court. I have had several appointments: I was appointed in Warren County as a Justice Court Judge and also as a Special Master Judge in Chancery Court. I served as a special appointed City Court Judge in Port Gibson, Mississippi, and I was also twice appointed by the Mississippi Supreme Court as a special chancery judge in Scott and Rankin counties.

Perhaps the highlight of my career is that I previously served as a Ninth District Chancery Court Judge. I presided over Warren, Sharkey, Issaquena, Humphries, Washington and Sunflower counties, and I was seated in Greenville, Mississippi. I also previously served on the Mississippi Court of Appeals. My experience and qualifications would add a different perspective to the court. I invite you to view my website at: ceolajamesformississippisupremecourt.com. I also invite you to view my speech at the Neshoba County Fair which was on Aug. 1, 2024: https://youtu.be/biubz6nL-MU 

2. Mississippi has one of the highest incarceration rates in the world. How should the

state’s criminal legal system properly balance punishment and rehabilitation?

The criminal justice system aims to balance punishment with rehabilitation. However, there is much needed for more rehabilitative services. Punishment is meant to deter criminal activity, whereas rehabilitation serves to enable a person who has been incarcerated to successfully re-enter society after he/she has completed a sentence. An imbalance is said to exist because more emphasis is placed on punishment as opposed to rehabilitation. The state of Mississippi has numerous rehabilitative services and programs, but more are needed in order to achieve a balance. Hopefully, the number of rehabilitative services will continue to grow. 

3. A 2023 state Supreme Court rule required reforms to the state’s public defense systems. Do you believe this change is adequate to ensure indigent defendants are provided lawyers after arrest, or is there more that needs to be done?

 In 2023, the Mississippi Rules of Criminal Procedure were amended. This procedure provided for more due process to the indigent Defendant after arrest to ensure that the Defendant has the proper initial representation and that the representation continues until the case has been completed. There is still much work to be done in the criminal justice system, from arrest to acquittal or conviction.

4. Mississippi elects its judges and justices. This requires candidates to fundraise and solicit donations, often from lawyers, law firms and special interest groups. How can you accept contributions while still maintaining a sense of impartiality on the court?

Judges cannot solicit funds for their campaign. They must set up a committee to raise money for them. My committee has never raised large sums of money or had large major donors to this date. The candidate’s committee is statutorily required to report all donations above $200 from each contributor, whether it be an actual or in-kind donation from each contributor.

5. The criminal justice system in Mississippi has a history of racial disparities. Do you believe these disparities exist today, and if so, how will you address them from the bench?

A judge can address disparities in his opinion by upholding the oath of office, whether the disparities be based on race, religion, or any other factor. By taking the oath of office, a judge promises to: “ … do equal justice to the poor and to the rich…” A judge also promises in his oath to faithfully discharge the duties of his office, as is required by the constitution of the United States. 

1. Please tell voters why you are most qualified for this seat.

I have worked toward becoming an appellate judge my entire career. After law school, I had a clerkship in the Supreme Court, where I researched cases, wrote opinions and discussed opinions with the justices. Since the clerkship, I have been involved in many appeals in Mississippi and Alabama supreme courts and courts of appeals. I also have been involved in federal court appeals in the 5th and 11th Circuit Courts of Appeals. I have even handled rare appeals to the circuit courts in Mississippi. I am certified to appear before the United States Supreme Court. The Mississippi Bar does not have specialization but does have Sections to enhance attorney education in particular areas. I am a member of the appellate law section of the Mississippi Bar, which other candidates are not. Additionally, I have tried many different types of civil and criminal cases before many different judges and am familiar with the court system from which appeals originate.

2. Mississippi has one of the highest incarceration rates in the world. How should the state’s criminal legal system properly balance punishment and rehabilitation?

I really believe this is a question for the Department of Corrections, the Legislature or our society and not a candidate for the Supreme Court. Nevertheless, the Supreme Court’s duty is to make sure that no individual is wrongfully convicted and incarcerated. The court does not play a direct role in arrests or rehabilitation. The Legislature did recently pass a statute to reduce jail time prior to eligibility for parole. In my practice, I have assisted some criminal defendants and helped them avoid incarceration by working out a plea arrangement. As such, they are able to remain in society while correcting their behavior. Our state has a drug problem, which I have seen with clients and with opposite parties in cases. Our state did create drug courts to attempt to lower the incarceration rate, which I believe has been very successful. I have listened to, and had discussions with, the commissioner of the DOC about the incarceration rate. He impresses me with his understanding of how to rehabilitate inmates (although he does not call them by that term), which I think may decrease recidivism. Religious organizations have to become more involved to rehabilitate as well. My mother went to the county jail almost every week to take cookies as an incentive for prisoners to meet with and listen to her talk about religion. Perhaps other people and organizations can help inmates.

3. A 2023 state Supreme Court rule required reforms to the state’s public defense systems. Do you believe this change is adequate to ensure indigent defendants are provided lawyers after arrest, or is there more that needs to be done?

It was a good start. The hourly rate for public defenders needs to be increased so that more attorneys will be willing to handle the caseload. I believe the state will have to access with the money needed for these fees as small counties cannot handle the financial burden. While my criminal defense duties may have been limited, I have tried to make sure that defendants whose cases I have handled acknowledged their past bad behavior and avoided jail time. They are now productive citizens.

4. Mississippi elects its judges and justices. This requires candidates to fundraise and solicit donations, often from lawyers, law firms and special interest groups. How can you accept contributions while still maintaining a sense of impartiality on the court?

The Judicial Commission has attempted to provide a buffer by not allowing judges to ask for donations. Without regard to that, recusal from being a part of the decision is an option. Otherwise, I do not believe any donation was given to me to influence any particular decision but because the donor knows my honesty and integrity and experience to handle the position. 

5. The criminal justice system in Mississippi has a history of racial disparities. Do you believe these disparities exist today, and if so, how will you address them from the bench?

I am familiar with the history of Mississippi, but I do not believe such disparities exist today. Our judges are of different ethnicities and are well-trained. They also are voted out if the people do not believe they are acting fairly and impartially. As an appellate judge, any disparities in treatment are reviewed and, if proven, could result in the case being overturned. It has been claimed that the motivation behind taking away the right to vote as punishment was racial. I do not know the motive and the Supreme Court did not play a role in legislation, but I do not understand removing voting rights from any individual of any ethnicity, who has served his/her punishment and returned to society.

Robinson declined to answer the candidate questionnaire and directed The Marshall Project – Jackson and Mississippi Today to review her website. 

Supreme Court District 2, Place 2 (Gulf Coast)

One incumbent and one challenger

1. Please tell voters why you are most qualified for this seat.

I am the only candidate in this race with experience serving on the Mississippi Supreme Court. I have served on the Supreme Court for more than eight and a half years, and I have a clear and consistent record of strictly interpreting the U.S. Constitution and the Mississippi Constitution. I have always followed the rule of law without legislating from the bench. I am a Constitutional conservative, and that is evident in the hundreds of rulings I have been part of on the Supreme Court. Throughout that experience, as well as my previous experience as a Chancery Judge, Mississippians can see my record of experience of always fairly applying the law and following our Constitution.

2. Mississippi has one of the highest incarceration rates in the world. How should the state’s criminal legal system properly balance punishment and rehabilitation?

There is no doubt that how children are raised is a key factor in their future path and ability to have success in their lives. That is why I have personally invested time and effort over the past eight years in improving resources available to the child welfare system to help strengthen families and reduce the trauma too many children experience.

In our Youth Services side of the Youth Court, we have worked to provide Youth Court Judges with resources to better evaluate offenders. We have educated all court personnel to be trauma informed to better understand and redirect juvenile offenders. We have seen the return of the Adolescent Offender Program (AOP) which gives the Court greater resources to help redirect offenders and hold them accountable.

Since I have been on the Supreme Court we have seen an expansion of drug courts, mental health courts, and veterans’ courts to address many of the challenges facing the people of our state. It’s important to hold offenders accountable for their actions, while also having alternative punishments that help non-violent offenders redeem themselves and get on the right path so they can have a productive and successful future in life.

3. A 2023 state Supreme Court rule required reforms to the state’s public defense systems. Do you believe this change is adequate to ensure indigent defendants are provided lawyers after arrest, or is there more that needs to be done?

In April 2023 the Supreme Court Amended Rule 7.2 of the Mississippi Rules of Criminal Procedure that deals with appointment of attorneys to indigent individuals. Inmates must have timely hearings and that is insured when they are represented at all stages of the litigation, including making sure a timely appeal is filed. Justice delayed is justice denied — and legal representation is vital to this. We owe it to all Mississippians to move all cases forward in a timely manner — both to the defendants, as well as the victims.  

4. Mississippi elects its judges and justices. This requires candidates to fundraise and solicit donations, often from lawyers, law firms and special interest groups. How can you accept contributions while still maintaining a sense of impartiality on the court?

I am comfortable with the current rules regarding how judicial candidates run for office in Mississippi. I believe the people of our state want and should have the ability to elect their judges because it’s a good way to ensure accountability for judges. Judicial candidates utilize a committee or team of people to help raise the resources that are necessary to run a campaign and that keeps the candidate away from direct fundraising. That also frees up time for the candidate to visit with voters, hear their concerns and discuss their judicial philosophy and the type of judge they would be on the court.

5. The criminal justice system in Mississippi has a history of racial disparities. Do you believe these disparities exist today, and if so, how will you address them from the bench?

My focus as a Chancery Judge in the past as well as my experience over the last eight and a half years serving on the Mississippi Supreme Court has always been to fairly apply the law — no matter the age, race or gender of the parties involved. I believe the other Justices on the Supreme Court feel the same way, and I am confident in saying there is no racial bias on our Mississippi Supreme Court.

The Challenger

Sullivan did not acknowledge or return the candidate questionnaire from The Marshall Project – Jackson and Mississippi Today. 

Court of Appeals District 5, Place 2 (Gulf Coast)

Three candidates

Baker did not acknowledge or return the candidate questionnaire from The Marshall Project – Jackson and Mississippi Today. 

Schloegel acknowledged receiving the candidate questionnaire from The Marshall Project – Jackson and Mississippi Today, but did not return any responses. 

1. Please tell voters why you are most qualified for this seat. 

My background as an attorney and a judge makes me the most qualified for this seat on the Court of Appeals. As an attorney who has spent 22 years practicing on the defense side of cases, plaintiffs’ side of cases, and as a sitting judge, I will be able to review appeals from ALL perspectives. As a Constitutional conservative with a background and broad perspective of legal experience, I will be able to make a better ruling on the issues being appealed to the Court of Appeals. My judicial philosophy is a strict constructionist of our Constitution, so I will fairly apply the law without trying to legislate from the bench.

2. Mississippi has one of the highest incarceration rates in the world. How should the state’s criminal legal system properly balance punishment and rehabilitation? 

We must always hold offenders accountable for crimes and protect victims’ rights. At the same time, our state needs more resources for the judicial system in terms of options for punishment and rehabilitation for crimes. The drug court, which is an option for Circuit Court judges, has seen tremendous success in helping people rebuild their lives. The drug court, as well as a court for mental health, should be offered as an option at all levels of the judicial system, including the municipal level where I currently serve. 

3. A 2023 state Supreme Court rule required reforms to the state’s public defense systems. Do you believe this change is adequate to ensure indigent defendants are provided lawyers after arrest, or is there more that needs to be done? 

I believe the change is good and is a step in the right direction. From my personal perspective, Jackson County has an amazing team of public defenders. They are assigned the case by the municipal judge, and then they represent the client through indictment, and if needed, through trial. There is always more that can be done, but I believe the Mississippi Supreme Court took great strides in ensuring protection for indigent defendants, and I feel confident they will continue to look for ways to ensure the rule is properly implemented.

4. Mississippi elects its judges and justices. This requires candidates to fundraise and solicit donations, often from lawyers, law firms and special interest groups. How can you accept contributions while still maintaining a sense of impartiality on the court?  

The alternative to electing judges would be judges appointed by elected officials, which would come with the same “perception” of conflict. Questions would then arise about loyalty to particular elected officials, interest groups or political party of the elected official who made a judicial appointment. I understand the arguments made on both sides of the appointed versus elected judges discussion, but I am content with the current system that allows people to have a direct voice in electing judges. Judicial candidates are not personally involved in fundraising efforts. While that makes it harder to raise funds since your campaign relies on a committee to assist, those are the rules we follow. It is extremely important for voters to know their candidates and to examine their personal and professional track records. That way they can choose a candidate who is ethical and strong enough to be fair, unbiased and consistent in applying the law.

5. The criminal justice system in Mississippi has a history of racial disparities. Do you believe these disparities exist today, and if so, how will you address them from the bench. 

I do not think we have racial bias in our court system in Mississippi. I believe our state has made tremendous progress to overcome racial injustices of the past. During my legal career, I have always treated everyone with respect and dignity—regardless of their race, societal status or background. Just as I have done as a municipal judge, I will always follow the law, uphold our Constitution, and be fair in all cases that come before me on the Court of Appeals. 

Hinds County Court, Subdistrict 2

Three candidates, including the incumbent

1. Please tell voters why you are most qualified for this seat.

Respectfully, I am the only candidate in the race with actual experience in each facet of the County Court civil docket: jury trials, bench trials, appeals, eminent domain and prior judicial experience as special circuit judge. 

Upon graduating from Tougaloo College and the University of Minnesota, I have practiced law in Jackson for 34 years serving unpaid on the Mississippi Board of Bar Admissions for 22 years (including six as Chair), serving as City of Jackson as Litigation Counsel under Mayor Melton and as City Attorney under Mayor Johnson and Mayor Lumumba Sr., and serving as Hinds County Board Attorney for six years.

2. Mississippi has one of the highest incarceration rates in the world. How should the state’s criminal legal system properly balance punishment and rehabilitation?

The Hinds County Court civil docket does not handle criminal or youth matters. Nevertheless, it is important that the justice system tailor punishment to the individual offense and provide offenders with a meaningful opportunity to rejoin the community as citizens with rights to vote and jury participation. All of us have received a second or more chance in life, and we should afford the same to other citizens who have served their sentences.

3. A 2023 state Supreme Court rule required reforms to the state’s public defense systems. Do you believe this change is adequate to ensure indigent defendants are provided lawyers after arrest, or is there more that needs to be done?

The Hinds County Court civil docket does not include public defenders, as they participate in the criminal system. My personal belief is that every indigent person is constitutionally entitled to a competent attorney who should provide zealous representation, and a judge should ensure that such representation is provided to those accused, but who are presumed innocent. 

4. Mississippi elects its judges and justices. This requires candidates to fundraise and solicit donations, often from lawyers, law firms and special interest groups. How can you accept contributions while still maintaining a sense of impartiality on the court?

Judicial candidates are prohibited from directly soliciting contributions. My campaign committee has not and will not accept any special interest group funds. Regarding individual donations, the committee screens the donations, so I do not know who is giving or the amount. I further maintain impartiality by issuing an open invitation for any and all citizens to attend court proceedings and observe the respect I give each litigant and how we reach the proper legal conclusion. Transparency from the judge is paramount to maintaining impartiality and providing justice!

5. The criminal justice system in Mississippi has a history of racial disparities. Do you believe these disparities exist today, and if so, how will you address them from the bench?

Again, the Hinds County Court civil docket does not handle criminal matters. Importantly, though, the same disparities that affect individuals in the criminal system also affect individuals in the civil system. Since taking the bench in December 2023, I have sought to reduce interest rates and attorney fees as permitted by law, balance tenant protection with landlord rights while treating all people with respect and ensuring that the least of us have access to justice through compassion, patience, creativity.

The Challengers

1. Please tell voters why you are most qualified for this seat.

I have sat in every seat in the courtroom. I have been the family member of a person being charged with a crime, Law Clerk to two circuit court judges, Public Defender, Police Attorney, Prosecutor, private Attorney, and private citizen filing a lawsuit. I wrote the body camera policy for the Jackson Police Department, ensuring accountability and transparency. I have tried 1,563 cases in the past year. I have practiced in justice court, municipal court, county court, circuit court, and federal court. I have done the work, identified the problem, and identified a solution that betters the young people in our community which will yield a return of a safer and more economically friendly Hinds County.

While serving as a prosecutor, I had the opportunity to witness the initial appearances of every misdemeanor and felony that occurred within the city limits of Jackson. That experience gave me a bird’s eye view into just how many young people were being exposed to adult jurisdiction, which then made me think of ways to help deter crime and to save a generation. I took a visit to Job Corps and identified a way, in appropriate circumstances, to use it as an alternative solution. Currently, there are no court-ordered participants from Hinds County Court in Job Corps. Moms are notorious for thinking about and caring for others. Women take whatever you give them, and we multiply it. If you give us a house we will make it a home, if you give us groceries we will make a meal, give us a seed and we make human beings. Give me this job to be your next Hinds County Court Judge and justice will be multiplied for every human that comes into my courtroom.

2. Mississippi has one of the highest incarceration rates in the world. How should the state’s criminal legal system properly balance punishment and rehabilitation?

Punishment should never travel without rehabilitation. Rehabilitation should start the moment a person is arrested and brought before a judge. The goal of the system should be to ensure that offenders are productive citizens of society when they return to the community. The state’s criminal legal system should ensure that there is adequate funding for the necessary services to travel with the appropriate punishment i.e., behavioral health, mental health, drug & alcohol treatment and, etc. A balanced system is transparent, accountable, collaborative, and efficient. 

3. A 2023 state Supreme Court rule required reforms to the state’s public defense systems. Do you believe this change is adequate to ensure indigent defendants are provided lawyers after arrest, or is there more that needs to be done?

There is more that needs to be done. There needs to be a law that states that if a person is not indicted within 90 days and has not made bail, then he shall be released on his own recognizance for nonviolent offenses. If the person is not a danger to the community or a flight risk, then he/she may be placed on house arrest. In both instances, any time served shall be used as credit toward any sentence he/she may receive. The courts, law enforcement, and prosecutors should be held accountable for defendants languishing in jail without indictment. There are so many collateral consequences that come with being incarcerated: loss of home, job, car, SSI/Disability benefits, and inadequate medication. Unnecessary incarceration is costly to the taxpayers and leads to recidivism when a person is released with little to return to. Also, public defenders should be paid at the same rate as prosecutors to help prevent being overworked and underpaid.

4. Mississippi elects its judges and justices. This requires candidates to fundraise and solicit donations, often from lawyers, law firms and special interest groups. How can you accept contributions while still maintaining a sense of impartiality on the court?

The literal nature of a judge’s job is to be fair and impartial to everyone; it is what keeps politics out of the judicial system. I would hope that donations are being made to ensure qualified and principled persons are being elected and not to gain personal favor. I have a proven track record of fairness to my colleagues as a defense attorney, prosecutor, police attorney, administrative law judge, and civil attorney. There are also limitations on donors. This reduces the chance of being partial to certain lawyers and firms. One of the reasons that I am seeking this seat is to eliminate the pitfalls of unfairness that so many of us without family and political connections face. Absolutely no one is above the laws of this State.

5. The criminal justice system in Mississippi has a history of racial disparities. Do you believe these disparities exist today, and if so, how will you address them from the bench?

Racial disparities still exist. I know what it is like to be included in racial disparities. Some examples are the disrespect of time, the disrespect of privacy, and the assembly line-like treatment. I will consider the family makeup, employment and criminal history, health, and likelihood of rehabilitation and recidivism of every person, Black, brown or White. I will ensure that each person has an opportunity to be heard and is treated with human dignity while in my courtroom.

1. Please tell voters why you are most qualified for this seat.

My Experience, Community Service and Community ties make me most qualified for this seat. County Court has three divisions, Youth Court Division, Criminal Division and Civil Division. I’m the only candidate that has sat in every seat in the County Court. I have handled cases as a Youth Court Prosecutor, Youth Court Defense Attorney, Deputy County Prosecutor, Hinds County Public Defender, Civil Plaintiffs Attorney and a Civil Defense Attorney for individuals, businesses and government agencies. I am the only candidate that has handled thousands of cases as an attorney in the Hinds County Court, and I believe all of that relevant experience matters. I am the only candidate that has worked as a mentor for at risk youth with the Hinds County Youth Court. Also, I’m the only candidate that is from and lives in this District. I believe I have a unique and needed perspective to bring to the bench.

2. Mississippi has one of the highest incarceration rates in the world. How should the state’s criminal legal system properly balance punishment and rehabilitation?

As a current prosecutor, public defender and former attorney for a drug court program, I am always faced with balancing punishment and rehabilitation. Bonds or bail is the one area that ultimately determines when, if, and how long a person will remain incarcerated when charged with a crime. I work to ensure that bonds are not being imposed in a punitive manner. As a prosecutor, I believe our legal system should never take a heavy-handed or “tough on all crime” approach. Some crimes simply may not warrant sending the defendant to prison. There are many nonviolent offenders that deserve second chances, drug treatment, rehabilitation or diversion programs. Second chance / diversion programs are crucial in ensuring that we balance punishment and rehabilitation. Failing to consider such options in some cases could lead to needlessly destroying lives. A few days in jail can cost someone their job, home and more and that’s something that I consider when making decisions about incarceration. There are people that need to be punished and there are people that need to be rehabilitated. I believe that my professional and lived experiences will help me to make fair and just decisions in that regard. 

3. A 2023 state Supreme Court rule required reforms to the state’s public defense systems. Do you believe this change is adequate to ensure indigent defendants are provided lawyers after arrest, or is there more that needs to be done?

I am a former full-time public defender for Hinds County and a current part-time public defender in another jurisdiction. I have represented indigent Defendants in some capacity for over 13 years. I believe that prosecutors and public defenders are both indispensable to our criminal justice system. As a Public Defender I always felt that we should have been paid equal to prosecutors, which was not the case. Public Defenders deserve to be paid more! If Defendant A can hire a lawyer before turning himself in, he has the benefit of having an advocate literally on day 1. If Defendant B can’t hire an attorney, he cannot be appointed a public defender until after seeing a judge and the judge making a determination that he qualifies for appointed counsel. I think Defendant A is in a much better position on day 1 simply because he has the money to hire a lawyer as opposed to waiting to be appointed a lawyer. To this day it bothers me when I’m appointed to represent a Defendant long after he has been interrogated ,and I know had I been his lawyer during the interrogation, my client probably would not have been charged with a crime. I welcome funding and changes that would lead to Defendants being able to access court appointed counsel as early as possible. 

4. Mississippi elects its judges and justices. This requires candidates to fundraise and solicit donations, often from lawyers, law firms and special interest groups. How can you accept contributions while still maintaining a sense of impartiality on the court?

Judicial candidates are not allowed to solicit or accept donations themselves. However, they can have campaign committees to do so. I believe that the Judge should be like a referee at a ball game. You call the balls and strikes. The referee doesn’t care what team is playing or who’s winning or losing. I will be that referee. Donations will not factor in my rulings in any way

5. The criminal justice system in Mississippi has a history of racial disparities. Do you believe these disparities exist today, and if so, how will you address them from the bench?

From a historical standpoint, we all know that Mississippi has a history of racial disparities. Jim Crow Laws are what you get when we have laws that are unjust and unfair. I believe that when our constitution and laws are applied fairly and equally to all, that leaves no room for people to be treated differently in a courtroom based on their race. I’m going to follow the law and apply it fairly. You will not see racial disparities coming from a Judge Kings’ courtroom. I believe our constitution and its protections belong to all of us and I will apply them fairly to all.

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

Mississippi Today

Meet the 2 Candidates for Mississippi Supreme Court’s Nov. 26 Runoff Election

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mississippitoday.org – The Marshall Project – 2024-11-25 09:30:00

On Tuesday, Nov. 26, voters will determine who will hold one of central Mississippi’s three seats on the nine-member state Supreme Court. This 22-county area includes Hinds County and Jackson.

Justice Jim Kitchens is seeking a third, eight-year term on the high court. State Sen. Jenifer B. Branning is the challenger.

The state Supreme Court often has the final say in cases involving criminal, civil and death penalty appeals, questions on the state’s laws and constitution, and legal issues of public interest. It hears appeals from lower courts, such as the chancery and circuit courts. The court decided 260 cases in 2023 and issued rulings in 2,656 motions and petitions.

The Marshall Project – Jackson and Mississippi Today compiled information about each candidate to help you make an informed decision at the polls.

Admitted to Mississippi Bar: 1967

Residence: Crystal Springs, Copiah County

Relevant experience: Completing second term as Supreme Court justice; 41 years as practicing attorney, including nine as district attorney of Copiah, Walthall, Pike and Lincoln counties.

Campaign finance: As of Oct. 10, his campaign committee has raised $288,502, mostly from trial lawyers, and spent $189,675, leaving the campaign with $98,827. Read the latest report here.

Statement of economic interest: Kitchens and his wife are partners in a real estate company, Kitchens Properties, LLC, in Copiah County. Read the latest report here.

Kitchens was first elected to this seat in 2008, after more than 40 years practicing law, which includes nine years as a district attorney across four counties. He is one of two presiding justices, who have the most years on the bench, following the chief justice. Presiding justice is a role on the court’s executive committee that includes administrative duties, such as enforcing the court’s deadlines, and presiding over panels during oral arguments.

Campaigning at the 2024 Neshoba County Fair, Kitchens stressed his experience in the courtroom, especially on criminal cases, and promised impartiality.

Kitchens said he is “the guy that carries his oath of office around in his pocket as a daily reminder of what he swore to do. That oath teaches me that I’m not supposed to care whether people before the court are rich, poor, Black, White, Republican, Democrat, Libertarian or Independent. And I don’t care.”

Mississippi College of Law Professor Matthew Steffey described Kitchens as a “middle-of-the-road centrist.” On the bench, Kitchens’ dissents have keyed in on what the justice called oversteps in judicial power and scrutinized prosecutorial decisions.

Kitchens wrote a partial dissent on the decision about House Bill 1020, calling the creation of the court in Hinds County a “fiction of convenience that overreaches our judicial function, and of ultimate importance, our constitutional duty.” He also joined a dissenting opinion in the case that killed Mississippi’s ballot initiative.

Ensuring defendants who can’t afford representation have court-appointed lawyers is a theme throughout Kitchens’ career. He was the chair of the Public Defender Task Force, which was created in 2000 to study and make recommendations on the public defender systems in the state. In a 2018 interview with Mississippi Today, Kitchens expressed support for a more well-organized and adequately funded state public defender system for Mississippi.

The bulk of Kitchens’ campaign donations through Oct. 10 have come from trial lawyers. In addition to Mississippi attorneys, the campaign also received contributions from lawyers as far away as Oregon and Pennsylvania. In the three months since the July finance report, Kitchens’ campaign raised over $200,000, more than it had previously raised in the entire race. He has also received an endorsement from the Southern Poverty Law Center, an advocacy group specializing in civil rights litigation.

? Read Kitchens’ response to the candidate questionnaire from The Marshall Project – Jackson and Mississippi Today.

Admitted to Mississippi Bar: 2004

Residence: Philadelphia, Neshoba County

Relevant experience: State senator since 2016.

Campaign finance: As of Oct. 10, Branning’s campaign committee has raised $665,624, including a $250,000 loan from the candidate, and spent $343,728. The campaign reported a balance of $319,876, which left a discrepancy of about $2,000. Read the latest report here.

Statement of economic interest: Branning is listed as member, owner, stockholder or partner in several companies located in Philadelphia, including her law firm, Branning Properties, LLC, and Triple E Investments. Read her latest report here.

Republican state Sen. Jenifer B. Branning is running on a platform to represent Mississippians’ conservative values on the Supreme Court, she said at the 2024 Neshoba County Fair candidate forum.

Branning has no judicial experience. Since she joined the Mississippi Bar in 2004, she has practiced as an attorney, primarily representing businesses through her private practice in areas including real estate development, banking and agribusiness. She has also served as a special prosecutor in Neshoba County, a guardian ad litem in Neshoba and Winston counties, and as a staff attorney in the Mississippi Secretary of State’s Division of Business Services & Regulation.

Branning described herself as a “Christian conservative.” She has been endorsed by the state’s Republican Party and the National Federation of Independent Business Mississippi PAC, a special interest group for small businesses. She has been outspoken about overturning Roe v. Wade and supporting the state’s abortion ban, and about reducing taxes on businesses. Branning is also a member of the National Rifle Association. On criminal justice issues, Branning has voted in favor of mandatory and increased minimum sentences for crimes including shoplifting, motor vehicle theft and fleeing law enforcement.

In the state Senate, Branning chairs the Highways and Transportation Committee. She has touted her record on lowering taxes and reducing regulations on farmers and small business owners.

Branning comes from multiple generations of business owners in Neshoba County. Her grandfather, Olen Burrage Jr., owned and operated a truck farm, hauling timber and corn, according to previous news reports.

Her election committee has received contributions from political action groups including Truck PAC, Mississippi Petroleum Marketers & Convenience Stores Association PAC and the Mississippi REALTOR PAC.

Much of Branning’s campaign funding, however, comes from the candidate herself. She kicked off her campaign with a $250,000 candidate loan. She has also bankrolled her previous senate campaigns, with candidate loans as high as $50,000 in 2018. This year, her campaign committee also received funding from other Republican politicians and their campaign funds, including Lt. Gov. Delbert Hosemann, the Committee to Elect Jeremy England (state senator), Harkins for MS (state Senator Josh Harkins), and Friends of Jason White (Mississippi House speaker).

Branning did not acknowledge or return the candidate questionnaire from The Marshall Project – Jackson and Mississippi Today.

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

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On this day in 1915

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mississippitoday.org – Jerry Mitchell – 2024-11-25 07:00:00

Nov. 25, 1915

Credit: Wikipedia

A week before the silent film, “Birth of a Nation,” premiered at an Atlanta theater, William Simmons, along with 15 other men (including some who lynched Leo Frank) burned a cross on Stone Mountain, Georgia, signaling the rebirth of the Ku Klux Klan. 

The movie’s racist portrayals of Black Americans prompted outrage by the NAACP and others, leading to huge protests in towns such as Boston and the film’s closing in Chicago. 

Despite these protests, the movie became Hollywood’s first blockbuster, making as much as $100 million at the box office (the equivalent of $2.4 billion today). In the wake of the movie, the KKK became a national organization, swelling beyond 4 million members.

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

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Mississippi Today

Podcast: Mississippi Hospital Association’s Roberson discusses Medicaid expansion outlook under Trump, other 2025 legislative health care issues

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mississippitoday.org – Bobby Harrison and Geoff Pender – 2024-11-25 06:30:00

Richard Roberson, president and CEO of the Mississippi Hospital Association, tells Mississippi Today’s Bobby Harrison and Geoff Pender a new Trump administration would likely approve Mississippi Medicaid expansion work requirements. He says revamping the state’s certificate of need laws is likely to be a major issue before lawmakers, and he discusses a new alliance of hospitals that left the MHA and formed a new organization.

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 license.

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