Mississippi Today
Hinds judge mulls putting hold on law creating separate court district in Jackson
The three Jackson women serving as plaintiffs in a lawsuit challenging the controversial House Bill 1020 testified Wednesday the law would impact their right to elect judges from their community like other residents of the state are able to do.
“It adds insult to injury,” said plaintiff Ann Saunders about the establishment of a Capitol Complex Improvement District court within Jackson.
“It’s usurping the right that the great state of Mississippi has written into its constitution that I have,” she said. “For some reason my city, my county is being singled out for something other than legitimate access to the court and a legitimate reflection of the court that represents our vote.”
Saunders testified with plaintiffs Dorothy Triplett and Sabreen Sharrief before Hinds Chancery Judge Dewayne Thomas, who ordered a temporary restraining order last week.
The goal of the Wednesday hearing was to hear from the plaintiffs and for the attorneys to make their case about the constitutionality of HB 1020.
Residents and Democratic lawmakers have spoken out against HB 1020, including concerns that it would empower white state officials to appoint judges instead of having them elected by citizens of the majority-Black city and create a separate police force within Jackson.
Jackson lawmakers say they were not consulted in the crafting of the legislation.
Thomas is expected to rule by the end of the week whether to approve a preliminary injunction to stop the bill from being implemented. That decision could lead to either of the sides asking for the Mississippi Supreme Court to hear the lawsuit in an appeal.
MacArthur Justice Center Director Cliff Johnson, one of the plaintiffs’ attorneys, said the ultimate goal is a permanent injunction that would prevent the appointment of temporary judges and the creation of a Capitol Complex Improvement District court.
Gov. Tate Reeves signed HB 1020 into law April 21, and within days it faced two lawsuits – one by the NAACP in federal court and the other in state court. Both lawsuits argue HB 1020 is unconstitutional.
The plaintiffs are represented by the ACLU of Mississippi, the Mississippi Center for Justice, the MacArthur Justice Center and the Legal Defense and Educational Fund.
“We begin where we end with the constitution,” Johnson told the judge about the state constitution requirement that all circuit court judges be elected. “The Legislature went too far and it missed the mark.”
Rex Shannon, an attorney from the attorney general’s office, said the state is against an injunction and that HB 1020 doesn’t violate the state constitution because the Legislature can create inferior courts and because the constitution allows temporary judges to be appointed.
The state has also asked for the lawsuit to be dismissed, arguing that it doesn’t have proper jurisdiction with the chancery court, it doesn’t show violation of the constitution and it doesn’t show that the plaintiffs have suffered or will suffer harm that is different from harm experienced by the general public.
Johnson said there is a notion by the state that Jackson is troubled and that justifies state intervention in the local criminal justice system and the deprivation of the rights of Hinds County residents.
Shannon said HB 1020 is the Legislature’s way to address crime in Jackson.
The defendants in the state lawsuit are Mississippi Supreme Court Justice Michael Randolph, who would be tasked with appointing four temporary judges to the Capitol Complex Improvement District Court; Hinds County Circuit Clerk Zack Wallace; and Greg Snowden, director of the state’s Administrative Office of Courts.
On Wednesday, Judge Thomas approved a motion by the plaintiffs to add additional defendants: Gov. Reeves, Attorney General Lynn Fitch and the State of Mississippi.
Randolph has asked to be dismissed as a defendant on the grounds of judicial immunity and to maintain conduct that prohibits him from making public comments on pending matters, said attorney Mark Nelson.
Wallace also asked to be dismissed as a defendant because he has no role in the lawsuit and would distribute cases based on Supreme Court orders, said attorney Attorney Pieter Teeuwissen.
Johnson said the plaintiffs sued defendants who would be responsible for implementing the law, such as the clerk who would assign cases, the Administrative Office of Courts who would provide staffing and set pay and the chief justice for appointing judges.
Thomas is expected to rule this week whether to keep Randolph and Wallace as defendants and whether the attorney general’s office can dismiss the lawsuit.
“Thank you for your patience, and I will try to do my best,” Thomas said at the end of the Wednesday hearing.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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Mississippi Today
Bill to revise law for low-income pregnant women passes first legislative hurdle
Low-income women would be able to access free prenatal care faster under a bill that passed the House Medicaid committee Wednesday.
The same law passed the full Legislature last year, but never went into effect due to a discrepancy between what was written into state law and federal regulations for the program, called Medicaid pregnancy presumptive eligibility.
House Medicaid Chair Missy McGee, R-Hattiesburg, author of the bill, revised last year’s bill to remove the requirement women show proof of income. She is hopeful the policy will garner the same support it did last year when it overwhelmingly passed both chambers.
“CMS (The Centers for Medicare and Medicaid Services) had some issues that they really did not approve of in our law, and after we talked it through we realized that the changes they wanted to make do no harm to the intent of the Legislature, do no harm to the law itself, do not add any costs to the fiscal note of the program,” McGee said during the committee meeting.
Changes include that a pregnant woman will only have to attest to her income – not provide paystubs – and will not have to provide proof of pregnancy.
McGee’s bill also makes changes to the time frame for presumptive Medicaid eligibility. Last year’s legislation said women would only be eligible for 60 days under the policy, with the hopes that by the end of those 60 days her official Medicaid application would be approved. Federal guidelines already have a different timeframe baked in, which state lawmakers have included in this bill.
The federal timeframe, now congruent with McGee’s bill, says a pregnant woman will be covered under presumptive eligibility until Medicaid approves her official application, however long that takes – as long as she submits a Medicaid application before the end of her second month of presumptive eligibility coverage.
“Let’s say a woman comes in for January 1 and is presumed eligible. She has until February 28 to turn her application in,” McGee said, adding that if Medicaid took a month to approve her application, the pregnant woman would continue to be covered through March.
Eligible women will be pregnant and have a household income up to 194% of the federal poverty level, or about $29,000 annually for an individual.
The bill does not introduce an additional eligibility category or expand coverage. Rather, it simply allows pregnant women eligible for Medicaid to get into a doctor’s office earlier. That’s notable in Mississippi, where Medicaid eligibility is among the strictest in the country, and many individuals don’t qualify until they become pregnant.
An expectant mother would need to fall under the following income levels to qualify for presumptive eligibility in 2025:
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
WATCH: Auditor Shad White calls Senate chairman ‘liar,’ threatens to sue during budget hearing
A Wednesday budget hearing for the State Auditor’s Office devolved into shouting and a tense back and forth that culminated in Auditor Shad White calling Sen. John Polk of Hattiesburg a liar and threatening to sue the legislator for defamation.
In what would normally be a mundane meeting at the state Capitol, the Appropriations subcommittee hearing erupted over questions related to NFL hall of fame quarterback Brett Favre and a $2 million dollar consultant’s study White commissioned to determine ways state leaders could save money.
“You’re not a lawyer — this is not a cross examination,” White told Polk, the Republican who helps set his agency’s budget.
The first argument between the two occurred when Polk questioned how White’s agency calculated the dollar figure for investigative fees and unpaid interest the auditor alleges Favre owes the state in connection to the state federal welfare scandal.
“I’ve had several numbers people look at the court record and look at what you’re saying (Favre) owes, and nobody can make it come to your number,” Polk said. “Does that surprise you?”
White did not address the specific instance of how the agency calculated the figure, but he said generally the agency tracks the number of hours certain investigators spend on a case. But White took issue that Polk was questioning that dollar figure at all.
“I have never once been called before this body to testify before any sort of hearing on the DHS scandal,” White responded. “The largest public fraud in state history. And the first question I get in my time as state auditor from a state senator is ‘Hey did you get the Brett Favre number correct?’”
The other major argument that erupted in the hearing was when Polk questioned a $2 million contract that White’s agency executed with Massachusetts-based consulting firm Boston Consulting Group to find wasteful spending in state agencies.
White believes the contract with the firm was necessary to determine how state leaders can trim the fat in state agencies. But Polk has questioned whether auditor skirted the appropriations process by not getting legislative or gubernatorial approval to conduct the study, and whether the study was more to help White’s future political ambitions than address government spending..
Polk alleged that White did not conduct a proper Request for Proposal, a process government bodies use to solicit services from private companies. The process is used to encourage competition among businesses and net the lowest price.
“You are a liar,” White said of Polk. “You’re making this up right now.”
Polk responded that the Department of Finance and Administration told him White’s agency did not use an RFP.
The Forest County lawmaker also asked White if any of his family members had worked for Boston Consulting Group. The auditor said no and if Polk insinuated that any of his family had, then he would sue the legislator for defamation.
“This line of questioning feels less about policy and it feels more about politics to me,” White said. “That’s exactly what it feels like. I’ve never been questioned on an audit like this right up until the moment where the lieutenant governor thinks I might be the thing standing between him and the governor’s office.”
Both White and Republican Lt. Gov. Delbert Hosemann have publicly said they’re considering running for governor in 2027. Hosemann, the presiding officer of the Senate, appoints senators to lead committees.
Polk told Mississippi Today in an interview that Hosemann had not directed him to ask any specific question, and the lieutenant governor gives deference to committee leaders on how to manage committee functions. Rather, Polk said he was the one who originally raised his concerns with Hosemann.
Polk said his line of questioning simply stemmed from his role on the money-spending Appropriations Committee, which sets his agency’s budget, and was to ensure that White’s agency was spending money efficiently.
“So that’s my only thing here — is to make sure the citizens of Mississippi and the taxpayers of Mississippi get their money’s worth from you or anyone else in state government,” Polk said. “And I’ll be honest with you, your calling me a liar previously is so uncalled for.”
Polk recently requested and received an attorney general’s opinion that said White overstepped his authority in hiring the consultant for $2 million. An AG opinion does not carry the force of law, but serves as a legal guideline for public officials.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Jackson State faculty senate president sues for wrongful termination
The Jackson State University’s president and governing board are facing a lawsuit from the faculty senate president who last fall was placed on leave pending termination.
Dawn McLin’s lawsuit comes more than two months after a faculty panel reviewed the university’s basis for her termination and recommended she be reinstated to her position as a psychology professor.
But the university’s president, Marcus Thompson, has yet to respond to the panel’s recommendation, putting McLin in what she alleges is a state of limbo meant to force her to resign.
“Their intentional delay prevents Dr. McLin’s reinstatement and continued oversight of her research grants while, at the same time, rendering it impossible for Dr. McLin to pursue alternative employment in academia,” the lawsuit states.
McLin has received support from the Jackson State faculty senate, as well as state and national organizations that support academic freedom, including the American Association of University Professors. Thompson has ignored multiple letters from the professional organization, which has called his delay in reinstating McLin as “extremely disturbing.”
A Jackson State spokesperson did not respond to a request for comment by press time. A spokesperson for the Institutions of Higher Learning Board of Trustees said the board does not comment on pending litigation.
McLin’s lawsuit is not the only legal action that Thompson is contending with on the heels of his first year as president of Mississippi’s largest historically Black university. A federal judge recently allowed a former administrator’s lawsuit against IHL for hiring Thompson to proceed, prompting individual trustees to appeal the decision to the 5th U.S. Court of Appeals.
This month, another former administrator named Linda Rush filed a lawsuit alleging discrimination when Thompson demoted her to hire a less-experienced man, Kylon Alford-Windfield, to lead the university’s division of enrollment management. Sixty days later, the lawsuit claims, Alford-Windfield fired Rush without cause.
Reached for comment, Alford-Windfield said he had not read the lawsuit before murmuring “hm, that’s funny” after a reporter described the complaint.
A ‘sham investigation’ in retaliation
McLin’s lawsuit alleges that Jackson State undertook a “sham investigation” at IHL’s behest to remove her from the university after she oversaw repeated no-confidence votes in the administration.
This prompted an associate provost named Brandi Newkirk-Turner to “seek revenge” through her close relationship with Thompson and the IHL commissioner, Alfred Rankins, according to the lawsuit.
On Aug. 1, shortly after McLin’s contract was renewed, she was given a letter from Thompson stating his intent to terminate her for cause, including “hostile conduct, bullying, harassment and intimidation of fellow JSU employees (including those over whom you have no supervisory responsibilities), interference in the re-accreditation process, abuse of your position as president of the Faculty Senate, and interference in departmental business operations.”
Though Thompson stated multiple grievances and complaints had been filed against McLin, his letter named just one specific example, a time when McLin allegedly turned her chair in a “show of disrespect” to a faculty member who was giving a presentation.
That professor was Newkirk-Turner, McLin alleged in the lawsuit.
When McLin requested a hearing in front of a faculty panel, Jackson State took over six weeks to respond, the lawsuit alleges, even though university policies state that when an employee is suspended or placed on leave, an investigation must move forward as quickly as possible.
The university allegedly gave McLin 10 days to prepare for the hearing, but refused to provide her employment contracts, post-tenure reviews, personnel file or the investigative file underpinning her termination.
During the hearing, McLin’s attorney was not allowed to speak on her behalf, even though Jackson State appeared to the panel through an attorney named Charles Winfield, the lawsuit alleges.
Winfield did not present any witnesses to support the university’s allegations, the lawsuit states. It is unclear if he presented more allegations against McLin than Thompson’s letter did.
The faculty panel ultimately found that Thompson’s firing of McLin was “retaliatory in nature, ultimately promoted by [Dr. Newkirk-Turner], and moved along by a ‘fact finding mission’ initiated by IHL.”
Demoted, then allegedly fired without reason
When Thompson was named president by the IHL board, a longtime administrator at Jackson State named Linda Rush was serving as the interim vice president for enrollment management.
Rush, who had worked at Jackson State for more than 25 years, allegedly told Thompson she wanted to remain in the position. Thompson praised her contributions to the university, calling her “a gift” who “will not be going anywhere because she is JSU.”
But in mid-January, Thompson demoted Rush to executive director of admissions, hiring in her place Alford-Windfield, who had about five years of experience in higher education, the lawsuit alleges.
Thompson and Alford-Windfield were connected: The two were candidates in Jackson State’s executive doctoral program in urban higher education. Days after Thompson’s appointment as president, he went on an international trip with Alford-Windfield and other students from the program.
After that, Rush alleges that Alford-Windfield left her to perform all aspects of his job, including preparing his cabinet reports and speaking notes, while he posted daily Instagram stories.
Sixty days later, Alford-Windfield fired Rush without reason, offered to write her a letter of recommendation and had her escorted from campus.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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