Connect with us

Mississippi Today

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

Published

on

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.

Did you miss our previous article…
https://www.biloxinewsevents.com/?p=287460

Mississippi Today

On this day in 1977

Published

on

mississippitoday.org – Jerry Mitchell – 2025-03-08 07:00:00


On this day in 1977

March 8, 1977

Henry Marsh
Henry L. Marsh III became the first Black mayor of the Confederacy’s capital.

Henry L. Marsh III became the first Black mayor of the former capital of the Confederacy, Richmond, Virginia. 

Growing up in Virginia, he attended a one-room school that had seven grades and one teacher. Afterward, he went to Richmond, where he became vice president of the senior class at Maggie L. Walker High School and president of the student NAACP branch. 

When Virginia lawmakers debated whether to adopt “massive resistance,” he testified against that plan and later won a scholarship for Howard University School of Law. He decided to become a lawyer to “help make positive change happen.” After graduating, he helped win thousands of workers their class-actions cases and helped others succeed in fighting segregation cases. 

“We were constantly fighting against race prejudice,” he recalled. “For instance, in the case of Franklin v. Giles County, a local official fired all of the black public school teachers. We sued and got the (that) decision overruled.” 

In 1966, he was elected to the Richmond City Council and later became the city’s first Black mayor for five years. He inherited a landlocked city that had lost 40% of its retail revenues in three years, comparing it to “taking a wounded man, tying his hands behind his back, planting his feet in concrete and throwing him in the water and saying, ‘OK, let’s see you survive.’” 

In the end, he led the city from “acute racial polarization towards a more civil society.” He served as president of the National Black Caucus of Elected Officials and as a member of the board of directors of the National League of Cities. 

As an education supporter, he formed the Support Committee for Excellence in the Public Schools. He also hosts the city’s Annual Juneteenth Celebration. The courthouse where he practiced now bears his name and so does an elementary school. 

Marsh also worked to bridge the city’s racial divide, creating what is now known as Venture Richmond. He was often quoted as saying, “It doesn’t impress me to say that something has never been done before, because everything that is done for the first time had never been done before.”

He died on Jan. 23, 2025, at the age of 91.

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

Continue Reading

Mississippi Today

Judge tosses evidence tampering against Tim Herrington

Published

on

mississippitoday.org – Molly Minta – 2025-03-07 15:08:00

A Lafayette County circuit judge ended an attempt to prosecute Sheldon Timothy Herrington Jr., the son of a prominent north Mississippi church family who is accused of killing a fellow University of Mississippi student named Jimmie “Jay” Lee, for evidence tampering.

In a March 7 order, Kelly Luther wrote that Herrington cannot be charged with evidence tampering because of the crime’s two-year statute of limitations. A grand jury indicted the University of Mississippi graduate last month on the charge for allegedly hiding Lee’s remains in a well-known dumping ground about 20 minutes from Herrington’s parent’s house in Grenada.

“The Court finds that prosecution for the charge of Tampering with Physical Evidence commenced outside the two-year statute of limitations and is therefore time-barred,” Luther wrote.

In order to stick, Luther essentially ruled that the prosecution should have brought the charges against Herrington sooner. In court last week, the prosecution argued that it could not have brought those charges to a grand jury without Lee’s remains, which provided the evidence that evidence tampering occurred.

READ MORE: ‘The pressure … has gotten worse:’ Facing new charge, Tim Herrington will remain in jail until trial, judge rules

The dismissal came after Herrington’s new counsel, Jackson-area criminal defense attorney Aafram Sellers, filed a motion to throw out the count. Sellers did not respond to a request for commend by press time.

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

Continue Reading

Mississippi Today

JXN Water is running out of operating money, set to raise rates again

Published

on

mississippitoday.org – Alex Rozier – 2025-03-07 11:33:00

JXN Water is losing money at a rate it can’t sustain, according to a financial outlook it released last week, as the federal dollars it received to run day-to-day operations are set to run out next month.

Ted Henifin, who manages the third-party provider, told Mississippi Today on Thursday that the funding shortfall may extend repair times for line breaks, and that the utility will look to once again raise rates on customers’ water bills. Henifin explained that various factors — such as debt payments, higher-than-expected operating costs, and slower-than-expected collections gains — have left the water utility in a precarious position where it’s now losing $3 million a month.

“Gone from a water disaster to a bit of financial disaster or so,” Henifin described.

Workers with Gould Enterprises, LLC, JXN Water contractors, repair a water line at the t-section of Beacon Place and Queensroad Avenue in the Bel-Air subdivision in Jackson, Friday, Dec. 1, 2023.

The federal government set aside a historic $800 million for Jackson to fix its water and sewer systems in 2022, with $600 million of that tied specifically to the water system. That included $150 million of “flexible” funding, which JXN Water has used mostly for line repairs as well as on a contract with Jacobs to run the day-to-day operations of the system. The rest of the $600 million was intended for bigger, capital projects.

But the $150 million, Henifin said, is on track to run out in April. He said JXN Water will look for grants and low-interest loans to hold its operations together, as well as work with Congress to free up some of the $450 million — the amount intended for larger projects — for operations spending.

The water provider is also set to impose an almost 12% rate increase on customers’ water bills this spring — just under $9 per month for the average resident — the second rate hike in as many years (the utility a year ago raised rates on average $10 per month). While the 2022 federal order requires it to put rate increases before the Jackson City Council, JXN Water only needs the approval of overseeing U.S. District Judge Henry Wingate.

Ted Henifin, the City of Jackson’s water system third-party administrator, speaks about the company that will be running the city’s water treatment plant operations during a press conference at Hinds Community College in Jackson, Miss., Friday, February 24, 2023. Credit: Eric Shelton/Mississippi Today

In addition to higher-than-expected operating costs, such as fixing line breaks, Henifin said the utility was also unsuccessful in retiring some of the city’s debt due to federal constraints over how it spends the $450 million pot. As a result, JXN Water is paying $1.5 million a month, or half of its total losses, in debt services.

Meanwhile, the utility’s revenue collection rate of 70% is an improvement from a year ago, when it was under 60%, but it’s still far below the national average. Last year, Henifin told Mississippi Today in order to make the water system self-sustainable by the time federal funding runs out, the rate needs to reach 80% in 2025 and 90% in 2026. The financial report says there are 14,000 accounts that receive water but aren’t paying bills.

Henifin admitted on Thursday, though, that even if collection rates were at 100%, JXN Water would still be losing money.

“It’s really the running out of the federal funds and not having closed that gap on local revenues,” he said. “Error on our part maybe that we didn’t focus on this earlier, but we were really trying to get the water system working.”

Last week’s financial plan added that a decision from the 5th U.S. Circuit Court of Appeals over whether to release SNAP recipient data is expected within the next two months. JXN Water last year introduced a first-of-its-kind discount for SNAP recipients, but both federal and state officials appealed an order from Wingate to release the names of those recipients, preventing the utility from automatically applying those discounts.

Rep. Chris Bell, D-Jackson Credit: Mississippi House

To help free up funding for the utility, Rep. Chris Bell, D-Jackson, wrote a bill which would allow JXN Water to become a water authority for the purpose of accessing tax-exempt bonds or loans. The bill now just needs to pass a floor vote in the Senate.

Henifin added that, after some initial uncertainty, JXN Water’s current funding won’t be impacted by the Trump administration’s recent freezing of federal grant funds.

He also said the funds they do have access to are being used to make major improvements, such as fixing the membrane trains, filters and sediment basins at the O.B. Curtis treatment plant.

“I think it’s a pretty bright future,” Henifin said. “If we can just get over this little cashflow hump we’re in good shape.”

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

Continue Reading

Trending