Magnolia Tribune

Friday ‘Sip: Tennessee 3, Chokwe’s Chicken, Right to an Attorney

Published

2 years ago

April 14, 2023

This week’s ‘Sip looks at the unforced error of ejecting Justin Jones and Pearson from the Tennessee House of Representatives, the smelly game of chicken Jackson Mayor Chokwe Antar Lumumba is playing with his City Council over garbage collection, and a new Supreme Court rule to protect indigent defendants’ right to an attorney.

Should They Stay or Should They Go?

Last week, Tennessee Reps. Justin Jones (D-Nashville) and Justin Pearson (D-Memphis) were expelled from the Tennessee House of Representatives. Together with Rep. Gloria Johnson (D-Knoxville), Jones and Pearson staged a protest that disrupted legislative business on the floor of the chamber. The protest followed the tragic school shooting at The Covenant School in Nashville.

Johnson escaped expulsion by a single vote. She attributed her more favorable treatment to skin color. Johnson is white. Jones and Pearson are Black. Others have attributed the different outcome to the fact that Jones and Pearson used a bullhorn from the well to incite protesters gathered in the galleries of the chamber. Johnson did not. Rep. Lowell Russell (R-Vonore) explained that was why he voted to expel Jones and Pearson, but not Johnson.

Charged with appointing replacements for Jones and Pearson, Boards of Commissioners in both Nashville and Memphis voted to return the two men to their previous posts. On Monday, Justin Jones made a triumphant re-entry into the Tennessee Capitol building, complete with a large cadre of press and supporters. On Wednesday, Pearson learned he would be returning, as well.

The Tennessee Three pose jubilantly during an appearance on Good Morning America

Regardless of whether you think the expulsions were a proportionate response to the protests, it’s unclear what good it did. Jones, Pearson, and Johnson had little power in the chamber before their rebuke. Jones was more known for his activism outside of the Capitol. He was arrested and faced charges ranging from trespass to assault during previous Black Lives Matter protests.

In the wake of the Covenant shooting, the Tennessee House passed a bipartisan school safety bill aimed at ensuring additional protections were available to both public and private schools. Out of the 99 member chamber, there were only four “no” votes. Three of those four were Jones, Pearson, and Johnson.

Of course, it could all be true that Jones, Pearson, and Johnson are attention seeking, that their conduct was consistent with a history of questionable behavior, and that they acted unprofessionally on the floor of the Tennessee House. It was still a mistake to have expel them. The best way to handle backbench disruption is to ignore it. Tennessee Republicans made these folks celebrities, instead.

Chokwe’s Game of Chicken

For well over a year, Jackson Mayor Chokwe Antar Lumumba and the Jackson City Council have been locked in a heated dispute over garbage collection. The contest stems from a 2021 RFP process that identified Waste Management as the overall winner of the bid. Waste Management had already been providing Jackson with garbage collection and has a national footprint in the industry.

Despite losing the bid, Mayor Lumumba insisted the City Council hire Richard’s Disposal, a company whose only other service area was New Orleans, Louisiana. Their track record in New Orleans leaves much to be desired, with nearly 3,000 citizen complaints in 2022 alone. The New Orleans City Council has taken many of Richard’s routes away from it for inability to consistently deliver on picking up the trash.

The response of Richard’s owner, Alvin Richard, to complaints in New Orleans has been that he is having difficulty finding workers for what he can afford to pay them. This admission may actually shed light on one of Mayor Lumumba’s repeated talking points: that Richard’s was the low bid for Jackson garbage pickup. Perhaps the lauded pricing differential causes a labor problem that results in inability to perform.

In any respect, Richard’s was the low bid, but not the winning bid. This was a result of scoring the lowest on the portion the RFP meant to assess its ability to perform the contract. The Mayor did not care. He pushed a contract with Richard’s anyway onto the Council following the 2021 RFP. The Council rejected it.

The Mayor entered the contract anyway. Litigation ensued over whether a Mayor could “veto” a non-action of the Council and hire Richard’s without the approval of the Council. During the course of the litigation, an emergency one year contract was entered with Richard’s.

The Mayor recently (predictably) lost the “veto” litigation, with the Supreme Court ruling he could not circumvent a “no” vote of the Council. He still did not care. He has not issued a new RFP for garbage collection. Instead, as the expiration of the emergency contract with Richard’s approached on March 31st, he once again demanded that the Council submit to him and hire Richard’s.

You Have the Right to an Attorney

Anyone who has ever watched an episode of Law and Order has heard crusty detective Lennie Briscoe inform a suspect that he “has a right to an attorney.” The Mississippi Supreme Court adopted a rule change on Thursday meant to better secure this right.

I’ll explain the change momentarily, but first, some context. The “right” to effective assistance of counsel is one of many protections contained in the U.S. Constitution’s Bill of Rights that relates to criminal procedure.

Jerry Orbach as Lennie Briscoe, the grizzled New York City detective always equipped with a wisecrack.

There’s the Fourth Amendment’s protections against warrantless search and seizure, the Fifth Amendment protection against self incrimination, and the Eighth Amendment protection against excessive bail and cruel and inhuman punishment. Then, there’s the Sixth Amendment, which in addition to guaranteeing speedy trials, has been interpreted to include the right to access to counsel.

As it turns out, the founders’ obsession with liberty, and fear of government overreach, made them cautious about the circumstances in which people could have property seized or be put in prison.

The Supreme Court has said that the right to an attorney is a gateway right, one through which an accused’s other rights flow. It is hard, after all, to contest an excessive bond or push a case to a speedy trial without counsel.

The Court entrusts states to develop a system to secure the right to counsel. Most states do this through a central office that provides public defenders to defendants. Mississippi is one of only a handful of states that uses a decentralized model, where judges appoint counsel.

Under the current system, an attorney is appointed at the time of a preliminary hearing, but after the hearing ceases to represent the defendant. A new attorney is not appointed until there is an indictment. This results in what many have coined as “the dead zone,” a period in which a jailed individual has no access to counsel.

The consequence of this dead zone can be severe. A study done by the MacArthur Justice Center in 2021 found that over 700 individuals had been sitting in Mississippi jails for over a year with no indictment. This flies in the face of the notion of a speedy trial and sits opposite of the purpose of the guarantee. The founders assuredly did not want people to sit in prison indefinitely without ever having been convicted of a crime.

Under the newly minted Rule 7.2 of the Mississippi Rules of Criminal Procedures, this defect in Mississippi law is at least partially cured. The new rule requires continuity of counsel from the time of preliminary hearing, through trial. It will end “the dead zone” in which defendants do not have access to counsel.

While there are still other changes that need to be made over the long haul, this is an important initial step. As a point of personal privilege, I am proud to have paid a small role in the change. In a past life, I was both a lawyer and a policy nerd. Last year, I filed the motion to change Rule 7.2 with the language ultimately adopted by the Supreme Court.

The post Friday ‘Sip: Tennessee 3, Chokwe’s Chicken, Right to an Attorney appeared first on Magnolia Tribune.

…

By: Russ Latino
Title: Friday ‘Sip: Tennessee 3, Chokwe’s Chicken, Right to an Attorney
Sourced From: magnoliatribune.com/2023/04/14/friday-sip-tennessee-3-chokwes-chicken-right-to-an-attorney/?utm_source=rss&utm_medium=rss&utm_campaign=friday-sip-tennessee-3-chokwes-chicken-right-to-an-attorney
Published Date: Fri, 14 Apr 2023 13:13:42 +0000

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Magnolia Tribune

Staring mortality in the face at Christmas

Published

11 months ago

December 16, 2023

Staff Editor

My friend Jarrod is dying after an eight year battle with cancer. He’s lived a life worth celebrating, one that has drawn people to Christ.

I was going about my business this week when I received a text that stopped me in my tracks. A college friend was being moved to hospice care.

Jarrod Egley was diagnosed with colorectal cancer in early 2017. In the fall of 2018, tests revealed the cancer had spread to his lungs and Jarrod’s cancer was classified as Stage IV.

For almost eight years from the date of the original diagnosis, he’s fought. Through surgeries, radiation, endless rounds and cycles of chemotherapy, and experimental immunotherapies, he’s fought.

Last year, I flew out to California and spent some time with Jarrod and his wife, Emily. We sat outside one night. He acknowledged to me that it was not a question of ‘if’, but ‘when’ the cancer would claim his life. I told him I was sorry, because what else is there to say?

We talked about our faith, about the trials of Job, about Jacob wrestling with God, about Paul’s affliction. But mostly we reflected on our time together in school, on the good things, and the mundane things, that happened since.

Jarrod and I met at Tulane University. One Sunday morning in the Spring of my freshman year, I rose from my dorm room bed, dressed, and began walking down Saint Charles Avenue in New Orleans with no particular agenda. I walked until I came across First Baptist Church and the thought flickered in the vacuous recesses of my brain to enter.

Some would say it was a lark. The Calvinist in me says providence. The walk that morning changed the trajectory of my time at Tulane and my life on the whole. Intervarsity Christian Fellowship and the Baptist Collegiate Ministry became central to my life and put me in regular league with Jarrod. I met him first at the BCM and we ultimately ended up attending church together.

Jarrod was a faithful servant on and off campus. He helped organize a group of us that would weekly make our way down to the Esplanade seawall on the backside of the French Quarter to feed the homeless. On Friday nights, he could be found at chapel with a small cadre of students foregoing Bourbon Street for early 2000s worship music.

Jarrod was a loyal friend in those years. Never rude or biting. Not prone to an insult for an easy laugh. Persistently encouraging. An engineering student, his mind worked linearly and was oriented to problem solving. There were never a lot of wasted words — always a lot of deliberative questions when he disagreed or did not understand a point. He exhibited intelligence, empathy, and the kind of moral conviction that sets someone apart.

He also had a wry and dry sense of humor and a penchant for beating people at Madden football. He was fair-to-midland on the ultimate frisbee pitch. Along the way, there were crawfish boils, Mardi Gras outtings, poorly attended Tulane football games, and more than a decent amount of wing eating.

After college, I lost touch with Jarrod. He moved back to his home state of California. He got married to his college sweetheart, who could not have anticipated her husband’s journey, but has been a steady and constant helpmate throughout. Jarrod became a very successful engineer and a bourbon connoisseur. One of his bucket list trips took him to Kentucky, where he got to meet and became friends with bourbon “Hall of Famer” Freddie Johnson of Buffalo Trace acclaim.

Jarrod at Buffalo Trace Distillery (Spring 2022).

Sitting in his backyard nearly 20 years after graduating from Tulane, I saw many of the same qualities I had grown to admire when we were students together. I saw a husband who doted on and supported Emily’s passions. But I also saw someone whose body had been beaten to hell and back, who was tired, and who, like Jacob, had been wrestling with God. We quickly fell back into friendship, which perhaps is the mark of good friendship.

We all have aspirations in our youth — for the kind of spouse or parent we might be, for what we might accomplish, for what we might experience. Along the way, dreams are satisfied, modified, or they die on the vine. The clock inevitably works against all of us. That night in Oceanside, California, Jarrod, a numbers guy, saw that time was not on his side. He believed, as we all would, that he still had more to give, more impact to be made, and more things to see and experience.

After that trip, Jarrod and I stayed in touch, most frequently triggered by news of his cancer. It has been mostly the bad variety in recent months. Now spread throughout his body, down to his bones, he has lived in constant pain for months. Not even a steady diet of morphine and an implanted pain pump solve for it. Jarrod’s been hospitalized twelve times just in 2023.

But his matter of fact sense of humor and way of seeing the world remains in tact. So too does his faith that despite these trials, he has always been safe in the hands of Christ.

There are people in the world who believe that life is random, disordered, and without reason. I am not among them. I think my friend is staring mortality in the face at Christmas for a reason.

For thousands of years before Christ came, there was darkness and despair. Sin and shame gripped the hearts of men. Until one holy night, God, in His infinite love, mercy and wisdom, sent His son to save. Jesus is the light of the world and the hope of man. He has won victory over death and Jarrod’s will not be the exception. Jesus came for Jarrod, and for you.

For thousands of years since Jesus’s death, burial, and resurrection, His disciples have been used as divine instruments to point the way to God. Jarrod is among them. If life expectancies were the measure, Jarrod would be at the midway point for most people. He’s made a lifetime of impact for the Kingdom and on other people.

So, to my friend Jarrod, you were placed here with a purpose. You have run your race. You are loved. And when this chapter closes, you will hear “well done, my good and faithful servant.” There is no greater evidence of a life well lived.

While Jarrod and Emily have been fortunate to have health insurance, their portion of the medical bills so far in 2023 have eclipsed $30,000, and Emily is facing additional uncovered expenses during Jarrod’s hospice care, including a night nurse that costs over $400 a night. If you would like to help defray the cost, a contribution can be made at their Go Fund Me page.

The post Staring mortality in the face at Christmas appeared first on Magnolia Tribune.

…

By: Russ Latino
Title: Staring mortality in the face at Christmas
Sourced From: magnoliatribune.com/2023/12/16/staring-mortality-in-the-face-at-christmas/?utm_source=rss&utm_medium=rss&utm_campaign=staring-mortality-in-the-face-at-christmas
Published Date: Sat, 16 Dec 2023 15:05:22 +0000

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https://www.biloxinewsevents.com/magnolia-mornings-december-15-2023/

Magnolia Tribune

Magnolia Mornings: December 15, 2023

Published

11 months ago

December 15, 2023

Staff Editor

Important state and national stories, market and business news, sports and entertainment, delivered in quick-hit fashion to start your day informed.

In Mississippi

1. Laurin St. Pe’ named CEO of Singing River Health System

The Board of Trustees of Singing River Health System announced the immediate appointment of Laurin St. Pe’ as the Chief Executive Officer on Thursday.

“We are thrilled to announce Laurin St. Pe as the new CEO of Singing River,” said Steve Ates, Board President in a statement. “His wealth of healthcare experience and proven track record make him the ideal leader to steer our health system toward its next phase of growth and success.”

St. Pe’, who has been serving as Interim CEO since July 2023, said he is honored to assume the role of CEO at Singing River. He has worked at Singing River as Administrator of Singing River Health System’s Pascagoula Hospital and Gulfport Hospital, in addition to overseeing program service lines throughout the entire system to his subsequent appointment as Chief Operating Officer of Singing River.

The health system says St. Pe played a crucial role in the financial revitalization of Singing River Health System while steering the organization toward financial stability.

2. Gulfport-Biloxi airport, Stennis evacuated after threats

The Gulfport-Biloxi International Airport was evacuated on Thursday morning “out of an abundance of caution,” airport officials said, after receiving an emailed threat to certain transportation entities across the state.

The airport was thoroughly security swept, cleared and reopened in just over two hours. Gulfport-Biloxi is now operating regularly.

The threat was also sent to Stennis International Airport. Their staff and personnel were also evacuated until the facilities could be swept and cleared.

Any passenger whose travel was affected by the evacuation is encouraged to contact their respective air carrier.

3. Cassidy arrested in Iowa for beheading Satanic Temple statue

Former Mississippi congressional and legislative candidate Michael Cassidy was arrested this week in Iowa for beheading a statue at the state’s Capitol erected by The Satanic Temple.

Cassidy reportedly decapitated the statue and turned himself to police on Thursday. He was charged with fourth degree criminal mischief. He then started an online legal defense fund where he’s raised upwards of $20,000 as of Thursday night, according to his X account.

4. “Serial fraudster” ordered to cease offering investments into companies

According to the Mississippi Secretary of State’s office, on October 26, 2023, Secretary Michael Watson and the Securities Division issued an order against Stephone N. Patton. The SOS says Patton is a serial fraudster with multiple criminal convictions in Mississippi and Florida.

Through business filings with the SEC and Mississippi, Patton has held himself to be the CEO of various companies, including Star Oil and Gas Company, Inc., North Gulf Energy Corporation, Inc., Patton Oilfield Services, Inc., and Patton Farms, LLC.

The SOS says using these business filings and company websites, Patton claimed to have raised hundreds of billions of dollars through investment opportunities. Through investigative efforts and collaboration with the SEC, the SOS discovered none of Patton’s companies are operational, have any assets, or generate any revenues. Account records show Patton spent investors’ funds almost as soon as he received them on personal expenses. The total amount of known investments made to Patton’s fraudulent companies is over $80,000. Further, none of Patton’s investment offerings have been registered or notice filed with the Mississippi Secretary of State’s Office.

The SOS order requires Patton to cease and desist from offering investments with his companies, requiring Patton to permanently deactivate his companies’ websites to prevent any further dissemination of his false or misleading information. Patton is also ordered to pay an administrative penalty of $25,000 to the Mississippi Secretary of State’s Office for these violations, in addition to restitution owed to all his Mississippi investors.

National News & Foreign Policy

1. Congressional retirements mounting as 2024 election cycle nears

Retirement and departure announcements are piling up ahead of the start to the 2024 election cycle. The New York Times has developed a Retirement Tracker that currently shows 22 Democrats and 11 Republicans who are in Congress now will not be seeking re-election next year.

“Dozens of members of Congress have announced plans to leave their seats in the House of Representatives, setting a rapid pace for congressional departures, with more expected as the 2024 election draws closer,” the NY Times reports. “Given Republicans’ razor-thin House majority, the wave of exits has the potential to lead to a significant shake-up next year.”

You can find the tracker here.

2. Texas, Daily Wire, The Federalist sue U.S. State Department over media censorship

The U.S. State Department’s Global Engagement Center has come under fire as Texas Attorney General Ken Paxton along with The Daily Wire and The Federalist have filed a federal lawsuit alleging that the department funded technology that could “render disfavored press outlets unprofitable.” They claim that the department has helped social media – Facebook, YouTube and X (formerly Twitter) – to censor free speech while funding technologies used to censor right-leaning news outlets such as theirs.

New Civil Liberties Alliance is representing The Daily Wire and The Federalist. Paxton and the outlets claim the Global Disinformation Index (GDI), a British think tank, received a $100,000 grant from the State Department in 2021, and NewsGuard, which rates the “misinformation” levels of news outlets, received $25,000 from the State Department in 2020, according to the lawsuit.

According to the State Department’s website, the Global Engagement Center’s mission is to direct, lead, synchronize, integrate, and coordinate U.S. Federal Government efforts to recognize, understand, expose, and counter foreign state and non-state propaganda and disinformation efforts aimed at undermining or influencing the policies, security, or stability of the United States, its allies, and partner nations.

As reported by Reuters, the lawsuit cited a GDI-produced list from December 2022 that ranked The Daily Wire and The Federalist as among the 10 “riskiest sites” for news while the least-risky included The New York Times, Associated Press and NPR. Reuters notes that the lawsuit alleges such “blacklists” are reducing revenues to The Daily Wire and The Federalist along with their visibility on social media and ranking results from browser searches.

Sports & Entertainment

1. SEC releases 2024 schedules

Wednesday evening, the Southeastern Conference released the 2024 football schedules for its member schools, including of interest in the Magnolia State the schedules for Ole Miss and Mississippi State.

It is the first schedule that includes new conference members University of Oklahoma and University of Texas, bringing the conference to 16 schools. Each SEC team will play eight conference football games plus at least one required opponent from the ACC, Big Ten, Big 12, Pac 12 or major independent, each team will have two open dates.

The 2024 season will be the first year the SEC will play a schedule without divisional competition since 1991. The top two teams in the league standings based on winning percentage will play in the 33rd SEC Football Championship Game in Mercedes-Benz Stadium in Atlanta on Saturday, December 7.

2. White, Jesiolowski, Jones honored by MAIS

The Midsouth Association of Independent Schools (MAIS) in Mississippi, comprised of non-public schools, announced this week that Madison-Ridgeland Academy’s senior quarterback John White was named the 6A Player of the Year while Hartfield’s Reed Jesiolowski and Hartfield Chris Jones were named the MAIS 6A Offensive and Defensive Players of the Year, respectively.

All three have committed to play college football at the University of Mississippi.

White is Mississippi’s all-time leader in career passing yards with 15,259 yards, a record he broke during the 2023 season.

MAIS, like the Mississippi High School Activities Association (MHSAA) for public schools, is broken down into classifications, from 1A to 6A. However, MHSAA added a 7A this season.

Markets & Business

1. Consumer retail sales up as energy, gas prices move down

The U.S. Bureau of Labor Statistics reported this week that the Consumer Price Index rose 0.1% in November after being unchanged in October. Retail sales rose 0.3% in November after rising 0.2% in October, meaning consumers continue to spend at the start of the holiday season.

The CPI or inflation rate is 3.1%, higher than the Federal Reserve target of 2% but below the 9% peak in 2022 which reached a 40-year high.

As for the energy index, BLS reported that it fell 2.3% in November after decreasing 2.5% in October. The gasoline index decreased 6% in November, following a 5% decrease in the previous month.

The index for fuel oil fell in November, decreasing 2.7%. However, the natural gas index rose 2.8% over the month after rising 1.2% the previous month. The index for electricity also rose 1.4% in November, after increasing 0.3% in October.

The energy index fell 5.4% over the past 12 months. The gasoline index decreased 8.9%, the natural gas index declined 10.4%, and the fuel oil index fell 24.8% over this 12-month span.

2. Week’s market rally continues into Friday

At close of trading on Thursday, the U.S. markets continued the week’s rally, pushing the Dow up 158 points to 37,248 while the Nasdaq and S&P also made gains, 27 points and 12 points, respectively, to close at 14,761 and 4,719.

The record high for the Dow on Thursday moved futures up 102 points.

According to CNBC, the major averages are headed for their seventh straight positive week. As of Thursday, the Dow is higher on the week by 2.8%. The S&P 500 is up by 2.5%, while the Nasdaq Composite rose 2.5% this week.

Stocks rallied after the Federal Reserve left rates unchanged this week while members look towards cuts in the new year and beyond.

The post Magnolia Mornings: December 15, 2023 appeared first on Magnolia Tribune.

…

By: Magnolia Tribune
Title: Magnolia Mornings: December 15, 2023
Sourced From: magnoliatribune.com/2023/12/15/magnolia-mornings-december-15-2023/?utm_source=rss&utm_medium=rss&utm_campaign=magnolia-mornings-december-15-2023
Published Date: Fri, 15 Dec 2023 13:00:00 +0000

Magnolia Tribune

New water rates expected in Jackson come 2024; those who don’t pay face shut off

Published

11 months ago

December 15, 2023

Staff Editor

Interim Third-Party Director Ted Henifin said this week that only about 59% of the City of Jackson’s water customers are paying their bills.

JXN Water has announced new rates and fees coming in 2024. Those who are not paying will be at risk of shut offs.

The company, which was established by federal appointed interim Third-Party Director Ted Henifin, has been overseeing the city’s water system for the better part of a year.

Officials estimated that the average cost for water in the city was $76 per month for residents. Henifin clarified that JXN water will not attempt to recoup any charges prior to November 29, 2022, and will work with those who have failed to pay since that time.

He said only about 59 percent of the city’s water customers are paying their bills.

“You can’t forgive bills, so we have to be creative in how we part that,” said Henifin in reference to Mississippi’s laws that prevent giving away water.

According to a release by JXN Water announcing the rate changes, residents in single family households with small meters that use up to 748 gallons daily would see a bill increase of roughly .30 cents per day. Research indicates that the average U.S. family uses 300 gallons per day.

SNAP customers will have a new rate tier that could lower their bill by up to .69 cents per day, on average.

“Those who need to save the most benefit from saving money by drinking tap water. This new rate structure makes water affordability possible for 12,500 JXN Water customers who receive SNAP benefits,” said Henifin in the release.