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HB 1020 opponents try back-up plan to block judicial appointments in Jackson

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Plaintiffs in a federal lawsuit challenging House Bill 1020 are looking for a workaround to prevent the appointment of judges to the Hinds County Circuit Court and a separate court system within the county.

Under the law, passed during the past legislative session, Supreme Court Justice Michael Randolph is tasked with appointing four temporary judges to the circuit court and one to the Capitol Complex Improvement District court. A lawsuit filed on behalf of Jackson residents argues HB 1020 violates the U.S. Constitution for race discrimination. A temporary restraining order in place since May has prevented Randolph from making those appointments, but Randolph was dismissed from the lawsuit in June, putting into question whether the court can continue to block his appointments.

If the restraining order is lifted, Randolph will be able to immediately appoint judges, the plaintiffs argue. Attorneys are asking U.S. District Court Judge Henry Wingate to approve motions that would still block appointments without focusing on the chief justice.

Plaintiffs are requesting a temporary restraining order against four yet-to-be-known circuit court appointees to prevent them from taking oath and assuming office. Although the identities of the judges are not known, the plaintiffs plan to give them notice of the restraining order through a legal notice in the Clarion Ledger, attorneys said.

“A continuous and seamless prohibition is further necessary to maintain the status quo and avoid possible irreparable harm from any violation of constitutional rights to equal protection of the law,” plaintiffs wrote in the Aug. 3 motion for a temporary restraining order.

Another motion by the plaintiffs asks to amend the lawsuit complaint to add 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.

Plaintiffs are also asking Wingate to clarify that Randolph was dismissed at the plaintiff’s request for injunctive relief but not remaining claims for other forms of relief.

Attorneys for the defendants – state officials such as Department of Public Safety Commissioner Sean Tindell, Capitol Police Chief Bo Luckey and the attorney general – have opposed the motions in writing and in court Tuesday.

Wingate did not rule on any pending motions from the bench. He plans to prepare a written order addressing Randolph’s presence in the lawsuit by next Wednesday, when he will hold another hearing. Remaining motions will likely be addressed in writing in the coming weeks.

A separate state challenge to House Bill 1020 is ongoing. The Supreme Court has not ruled in that case.

On Tuesday, Wingate also heard from the U.S. Department of Justice about why it wants to intervene in the lawsuit and whether its presence would prolong the case.

The Civil Rights Division argues the appointment of judges to the Hinds County Circuit Court and creation of a new separate court system in Jackson is racially discriminatory and unconstitutional, according to court records.

The state argues that the federal government is attempting to sue the state of Mississippi to get around the court’s dismissal of Randolph in the lawsuit and his ability to appoint judges.

Wingate also asked whether this was the DOJ’s driving force behind the department’s intervention.

Attorney Bert Russ said circumventing his order was not the driving force behind the department’s intervention, nor would its presence prolong the case.

“Our interest is to ensure the residents of Hinds County are free from discrimination under the Equal Protection Clause,” he said.

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 1912

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mississippitoday.org – Jerry Mitchell – 2025-03-09 07:00:00

March 9, 1912

Portrait of Charlotte Bass Credit: Wikipedia

Charlotta Bass became one of the nation’s first Black female editor-owners. She renamed The California Owl newspaper The California Eagle, and turned it into a hard-hitting publication. She campaigned against the racist film “Birth of a Nation,” which depicted the Ku Klux Klan as heroes, and against the mistreatment of African Americans in World War I. 

After the war ended, she fought racism and segregation in Los Angeles, getting companies to end discriminatory practices. She also denounced political brutality, running front-page stories that read, “Trigger-Happy Cop Freed After Slaying Youth.” 

When she reported on a KKK plot against Black leaders, eight Klansmen showed up at her offices. She pulled a pistol out of her desk, and they beat a “hasty retreat,” 

The New York Times reported. “Mrs. Bass,” her husband told her, “one of these days you are going to get me killed.” She replied, “Mr. Bass, it will be in a good cause.” 

In the 1940s, she began her first foray into politics, running for the Los Angeles City Council. In 1951, she sold the Eagle and co-founded Sojourners for Truth and Justice, a Black women’s group. A year later, she became the first Black woman to run for vice president, running on the Progressive Party ticket. Her campaign slogan: “Win or Lose, We Win by Raising the Issues.” 

When Kamala Harris became the first Black female vice presidential candidate for a major political party in 2020, Bass’ pioneering steps were recalled. 

“Bass would not win,” The Times wrote. “But she would make history, and for a brief time her lifelong fight for equality would enter the national spotlight.”

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 1977

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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.

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Judge tosses evidence tampering against Tim Herrington

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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.

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