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Federal court clears Mississippi chief justice to appoint temporary judges in Hinds County

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As early as this week, four temporary judges could be appointed to the Hinds County Circuit under House Bill 1020.

U.S. District Court Judge Henry Wingate read an abbreviated opinion from the bench Wednesday finally dismissing Supreme Court Justice Michael Randolph from a lawsuit brought by the NAACP on behalf of Jackson residents challenging the judicial appointments Randolph is directed to make under the law.

Randolph has been unable to make the appointments because of a temporary restraining order that has been in place since May. Now that he is no longer part of the lawsuit, he can proceed with those appointments.

“He is commanded and must obey,” Wingate said about Randolph making the appointments as HB 1020 dictates.

This decision comes several months after Wingate issued a June opinion dismissing Randolph from the lawsuit under judicial immunity – a legal principle that shelters judges from civil lawsuits when they perform judicial acts. Randolph’s attorneys argued the appointments under HB 1020 are a protected act, while the plaintiffs disagreed.

The plaintiffs also argued that the chief justice’s dismissal from the lawsuit only applied to his ability to appoint temporary circuit court judges, but not the appointment of one judge to the Capitol Complex Improvement District court court created by HB 1020. The plaintiffs asked for Wingate to clarify his order, which the judge did Wednesday.

FILE – U.S. District Judge Henry Wingate smiles, Aug. 19, 2022, in Jackson, Miss. On Tuesday, Sept. 12, 2023, Wingate ruled that the Meridian Public School District can come out from under federal supervision in a decades-old desegregation lawsuit. (AP Photo/Rogelio V. Solis, File)

From the bench, Wingate said he stands by his June order and has expanded it to address Randolph’s appointment of a CCID judge, saying that is also a covered judicial act. Under HB 1020, that appointment would not have to be made until January 2024, which is when the CCID court would be created.

He didn’t accept the plaintiff’s argument that because the CCID is an inferior court like a municipal court, its judicial appointments would need to be made by the municipality’s governing body, such as the city council. Instead, Wingate said the CCID court is more of a “hybrid court” that resembles a municipal court but has differences crafted by the Legislature that set it apart.

Attorneys for the plaintiffs still seek to block any judicial appointments from happening. Last week, they explained a potential workaround to Wingate.

With Randolph no longer on the lawsuit and bound by a restraining order, the plaintiffs are asking Wingate to approve a request to amend the lawsuit complaint by adding several defendants: two state officials, the five unknown court appointees and two yet-to-be-known prosecutors appointed to the Capital Complex Improvement District court by the attorney general.

The next step would be for Wingate to approve a temporary restraining order preventing the four yet-to-be-known circuit court appointees from assuming office. 

Attorneys for the defendants, including the public safety commissioner, Capitol Police chief and attorney general, have objected in written motions and in the courtroom to the plaintiff’s requests.

Attorney Rex Shannon, who represents the defendants, said the court can’t issue a restraining order if the parties are unknown, which would make it impossible to be able to properly serve and process them. He also said that the plaintiff’s proposed method of notifying the appointees of the restraining order through a legal notice in the Clarion Ledger would not be sufficient. 

Mark Lynch, an attorney for the plaintiffs, said the need to maintain the status quo, prevent any harm to the plaintiffs and urgent nature remain, which is why Wingate should approve the motions to amend the complaint and issue the new restraining order.

“We don’t have to wait long to find out who the John and Jane does are,” Lynch said.

Wingate said he will decide on those rulings and several other outstanding ones – including a request by the U.S. Department of Justice to intervene in the case – after he issues his full, official order about Randolph. 

A separate state challenge of HB 1020 is ongoing, but the state Supreme Court has not issued a ruling. It has been two months since oral arguments took place.

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 1960

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mississippitoday.org – Jerry Mitchell – 2025-02-01 07:00:00

Feb. 1, 1960

The Greensboro Four (L-R: David McNeil, Franklin McCain, Ezell Blair, Joseph McNeil) walking in downtown Greensboro, North Carolina to protest the local merchant practices of refusing service to African-American customers. Credit: Jack Moebes/Wikipedia

Four Black freshmen students from North Carolina A&T — Franklin McCain, Joseph A. McNeil, David L. Richmond and Ezell A. Blair Jr. — began to ask themselves what they were going to do about discrimination. 

“At what point does a moral man act against injustice?” McCain recalled. 

McNeil spoke up. “We have a definite purpose and goal in mind,” he said, “and with God on our side, then we ask, ‘Who can be against us?’” 

That afternoon, they entered Woolworth’s in downtown Greensboro. After buying toothpaste and other items inside the store, they walked to the lunch counter and sat down. 

They ordered coffee, but those in charge refused to serve them. The students stood their ground by keeping their seats. 

The next day, they returned with dozens of students. This time, white customers shouted racial epithets and insults at them. The students stayed put. By the next day, the number of protesting students had doubled, and by the day after, about 300 students packed not just Woolworth’s, but the S.H. Kress Store as well. 

A number of the protesting students were female students from Bennett College, where students had already been gathering for NAACP Youth Council meetings and had discussed possible sit-ins. 

By the end of the month, 31 sit-ins had been held in nine other Southern states, resulting in hundreds of arrests. The International Civil Rights Center & Museum has preserved this famous lunch counter and the stories of courage of those who took part in the sit-ins.

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

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At least 96 Mississippians died from domestic violence. Bills seek to answer why

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mississippitoday.org – Mina Corpuz – 2025-01-31 15:29:00

At least 96 Mississippians died from domestic violence. Bills seek to answer why

Nearly 100 Mississippians, some of them children, some of them law enforcement, died last year in domestic violence-related events, according to data Mississippi Today collected from multiple sources. 

Information was pulled from local news stories, the Gun Violence Archive and Gun Violence Memorial and law enforcement to track locations of incidents, demographics of victims and perpetrators and any available information about court cases tied to the fatalities. 

But domestic violence advocates say Mississippi needs more than numbers to save lives. 

They are backing a refiled bill to create a statewide board that reviews domestic violence deaths and reveals trends, in hopes of taking preventative steps and making informed policy recommendations to lawmakers.

A pair of bills, House Bill 1551 and Senate Bill 2886, ask the state to establish a Domestic Violence Fatality Review Board. The House bill would place the board in the State Department of Public Health, which oversees similar existing boards that review child and maternal deaths, and the Senate version proposes putting the board under the Department of Public Safety.

“We have to keep people alive, but to do that, we have to have the infrastructure as a system to appropriately respond to these things,” said Stacey Riley, executive director of the Gulf Coast Center for Nonviolence and a board member of the Mississippi Coalition Against Domestic Violence

“It’s not necessarily just law enforcement, just medical, just this,” she said. “It’s a collaborative response to this to make sure that the system has everything it needs.”

Mississippi is one of several states that do not have a domestic violence fatality review board, according to the National Domestic Violence Fatality Review Initiative. 

Without one, advocates say it is impossible to know how many domestic fatalities and injuries there are in the state in any year. 

Riley said data can tell the story of each person affected by domestic violence and how dangerous it can be. Her hope is that a fatality review board can lead to systemic change in how the system helps victims and survivors. 

Last year, Mississippi Today began to track domestic violence fatalities similar to the way the board would be tasked to do. It found over 80 incidents in 2024 that resulted in at least 100 deaths.

map visualization

Most of the victims were women killed by current and former partners, including Shaterica Bell, a mother of four allegedly shot by Donald Demario Patrick, the father of her child, in the Delta at the beginning of that year. She was found dead at the home with her infant. One of her older children went to a neighbor, who called 911. 

Just before Thanksgiving on the Coast, Christopher Antoine Davis allegedly shot and killed his wife, Elena Davis, who had recently filed a protection order against him. She faced threats from him and was staying at another residence, where her husband allegedly killed her and Koritnik Graves. 

The proposed fatality review board would have access to information that can help them see where interventions could have been made and opportunities for prevention, Riley said. 

The board could look at whether a victim had any domestic abuse protection orders, law enforcement calls to a location, medical and mental health records, court documents and prison records on parole and probation. 

In 2024, perpetrators were mostly men, which is in line with national statistics and trends about intimate partner violence. 

Over a dozen perpetrators took their own lives, and at least two children – a toddler and a teenager – were killed during domestic incidents in 2024, according to Mississippi Today’s review. 

Some of the fatalities were family violence, with victims dying after domestic interactions with children, parents, grandparents, siblings, uncles or cousins. 

Most of the compiled deaths involved a firearm. Research has shown that more than half of all intimate partner homicides involve a firearm. 

A fatality review board is meant to be multidisciplinary with members appointed by the state health officer, including members who are survivors of domestic violence and a representative from a domestic violence shelter program, according to the House bill. 

Other members would include: a health and mental health professionals, a social worker, law enforcement and members of the criminal justice system – from prosecutors and judges to appointees from the Department of Public Safety and the attorney general’s office. 

The House bill did not make it out of the Judiciary B Committee last year. This session’s House bill was filed by the original author, Rep. Fabian Nelson, D-Byram, and the Senate version was filed by Sen. Brice Wiggins, R-Pascagoula. 

The Senate bill was approved by the Judiciary A Committee Thursday and will proceed to the full chamber. The House bill needs approval by the Public Health and Human Services Committee by Feb. 4. 

State Sen. Brice Wiggins, R-Pascagoula, during a Senate Corrections Committee meeting on Feb. 13, 2020, at the Capitol in Jackson. (AP Photo/Rogelio V. Solis)

“The idea behind this is to get at the root cause or at least to study, to look at what is leading to our domestic violence situation in the state,”  Wiggins said during the Judiciary A meeting. 

Luis Montgomery, a public policy and compliance specialist with the Mississippi Coalition Against Domestic Violence, has been part of drafting the House bill and is working with lawmakers as both bills go through the legislative process. 

He said having state-specific, centralized data can help uncover trends that could lead to opportunities to pass policies to help victims and survivors, obtain resources from the state, educate the public and see impacts on how the judicial system handles domestic violence cases. 

“It’s going to force people to have conversations they should have been having,” Montgomery said.

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

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Emergency hospital to open in Smith County

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mississippitoday.org – Gwen Dilworth – 2025-01-31 15:01:00

A new emergency-care hospital is set to open in Smith County early this year. It will house the rural county’s first emergency room in two decades. 

Smith County Emergency Hospital in Raleigh will provide 24-hour emergency services, observation care and outpatient radiology and lab work services. Raleigh is currently a 35-minute drive from the nearest emergency room. 

The hospital will operate as a division of Covington County Hospital. The Collins hospital is a part of South Central Regional Medical Center’s partnership with rural community hospitals Simpson General Hospital in Mendenhall and Magee General Hospital, all helmed by CEO Greg Gibbes.

The hospital’s opening reflects Covington County Hospital’s “deeply held mission of helping others, serving patients and trying to do it in a way that would create sustainability,” not just for its own county, but also for surrounding communities, said Gibbes at a ribbon-cutting ceremony Friday. 

Smith County Emergency Hospital is pictured in Raleigh, Miss., on Friday, Jan. 31, 2025. Credit: Eric Shelton/Mississippi Today

Renovations of the building – which previously housed Patients’ Choice Medical Center of Smith County, an acute-care facility that closed in 2023 – are complete. The facility now awaits the Mississippi Department of Health’s final inspection, which could come as soon as next week, according to Gibbes. 

The hospital hopes to then be approved as a “rural emergency hospital” by the Centers for Medicare and Medicaid Services. 

A rural emergency hospital status allows hospitals to receive $3.3 million from the federal government each year in exchange for closing their inpatient units and transferring patients requiring stays over 24 hours to a nearby facility. 

The program was created to serve as a lifeline for struggling rural hospitals at risk of closing. Six hospitals have closed in Mississippi since 2005, and 33% are at immediate risk of closure, according to the Center for Healthcare Quality and Payment Reform.

Gregg Gibbes, CEO of Covington County Hospital, right, joins others in cutting the ribbon during the Smith County Emergency Hospital ceremony in Raleigh, Miss., on Friday, Jan. 31, 2025. Credit: Eric Shelton/Mississippi Today

Receiving a rural emergency hospital designation will make the hospital more financially sustainable, said Gibbes. He said he has “no concerns” about the hospital being awarded the federal designation. 

Mississippi has more rural emergency hospitals than any other state besides Arkansas, which also operates five. Nationwide, 34 hospitals have received the designation, according to Centers for Medicare & Medicaid Services enrollment data. Over half of them are located in the Southeast. 

The hospital will have a “significant economic impact” of tens of millions of dollars and has already created about 60 jobs in Smith County, Gibbes said.

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

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