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Jackson attorney may be king of conservatorships in Mississippi

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Consider Jackson attorney Harry Rosenthal as the king of conservatorships.

By his own estimate, he has been a conservator for more than 100 vulnerable individuals. Hinds County Chancery Court records show he’s continuing to handle a dozen conservatorships.

Though it’s not known how much the attorney receives in each case, in Hinds County alone, Rosenthal’s income from being a conservator could be substantial.

The average salary for a non-family member conservator is $51,214 per year in Mississippi, according to the research blog salary.com. ZipRecruiter, which says it gets its salary estimates from employer job postings and third party data sources, puts the average salary in Mississippi at $47,787.

State Supreme Court Justice Dawn Beam, who helped craft changes to the conservatorship law, said most appointed conservators are family members, and they aren’t paid a lot of money.

The law allows a family member to be paid fees set by a judge for their service.

Professional conservators are entitled to reasonable fees, but the judge decides what is reasonable and must approve the amount before the conservator can be paid. Money for the conservator comes from the account of the person under a conservatorship. If a person under a conservator has little or no financial assets, the judge can appoint a public guardian/conservator who is paid from public funds.

Some attorneys say the new law makes it difficult for ordinary citizens to file conservatorship petitions without the assistance of attorneys.

Elder law experts say the cost of obtaining a conservatorship over someone can be expensive with the hiring of attorneys or attorneys to represent the individual, family members and interested parties. There are also court and other fees involved with a conservatorship petition.

READ: The Conservatorship fight over Opal

Rosenthal told the Mississippi Center for Investigative Reporting, a part of Mississippi Today, that most of the wards for whom he has served as conservator were once clients in criminal cases.

More than 30 years ago, the attorney provided $12,000 in bail money to try to help white supremacist Byron De La Beckwith get out of jail after he was indicted and arrested for the third time in the assassination of Mississippi NAACP leader Medgar Evers.

Although Jewish, a group of people Beckwith disparaged, Rosenthal, 82, has said he provided the money to Beckwith because he believed his speedy trial rights were being violated after two previous trials in 1964 ended in hung juries.

In 1994, 30 years after his previous trials, Beckwith was convicted in Hinds County Circuit Court of Evers’ murder and sentenced to life in prison. Beckwith died in 2001 in custody.

Thirty-four years ago, Rosenthal filed the petition to become conservator for Gary Gordineer in Hinds County Chancery Court.

“I’ve had him for more than 30 years and I still have him,” Rosenthal said recently. In February, Rosenthal filed an annual accounting report of Gordineer’s assets, a court docket report shows.

Rosenthal said he knew Gordineer, Gordineer’s father and other family members. He said the younger Gordineer had been a criminal client. Rosenthal said he once had Gordineer, who is a veteran, in a home with his mother but now has him in a nursing home.

No family member of Gordineer could be reached for comment.

Rosenthal is also listed as conservator in another case, dating to 1989 involving Howard Ruffin Jr.

Ruffin’s niece, Erica Porter, said she has been his caregiver for the 100% disabled veteran the last four years. Other than her, Ruffin has little or no family alive, she said. “I’m all he has.”

In her four years of caring for Ruffin, she said she had never heard from Rosenthal until recently when she went to his office to request more money than the $700 a month she receives for Ruffin’s care.

Porter said Rosenthal denied her request.

“My first time talking to him was actually last week,” Porter said recently of Rosenthal. “We haven’t heard from him or nothing.”

Rosenthal said everyone wants to spend a ward’s money.

“If you are a conservator or guardian, the money belongs to the person you are trying to protect, and the laws of the state of Mississippi say you are supposed to conserve and build upon the money, if possible,” he said.

Most of Rosenthal’s conservatorship cases in Hinds County occurred before an updated law went into effect three years ago.

About 2,500 conservatorship cases have been filed in Mississippi since then.

The updated law, known as the Mississippi Guard and Protect Act, seeks to protect the rights of those unable to take care of themselves, said Beam, who co-chaired the 26-member committee that came up with the recommendations. It was the first update of the guardian and conservatorship law in 30 years.

The law distinguishes guardianship of the person from conservator of the estate, clarifies the role of a guardian/conservator in a ward’s life, specifies the basis for appointing a guardian/conservator through improved medical evaluation forms, encourages individualized planning and use of the least restrictive alternative. It also creates accountability between the guardian/conservator and the courts to prevent fraud and abuse.

The law also mandates wellbeing reports.

The updated law applies to cases filed after Jan. 1, 2020, but a judge has the authority to apply the new law to older cases if no rights are violated.

In a 2021 state Supreme Court appeal, Hattiesburg attorney Carol Bustin said that, for decades, courts have treated conservatorships as mere ministerial actions and the imposition of conservatorships as matters of petitioners’ rights.

Unless someone is a party in a conservatorship case, court records in cases like those of Gordineer and Ruffin are sealed, except for the brief descriptions placed on the court docket.

Rosenthal said some things in the new law look good on paper, but accountability isn’t being strictly enforced.

The sister of one of Rosenthal’s wards questions the lawyer’s accountability.

“I think the rule, or unofficial rule, should be to talk to family members before they put people into a court-appointed conservatorship to make sure there is no one who can take over the responsibility,” said Linda Taylor of Memphis, whose brother, Edward Redmond, was one of Rosenthal’s wards.

Marine veteran Edward Redmond died in 2019 of natural causes after being a ward of his conservator for decades.

At one point, Rosenthal had Redmond living in a facility in south Mississippi, according to Taylor.

But Rosenthal was forced by court order to move Redmond to Jackson to be closer to family.

Taylor said her brother initially was able to spend time with family.

“In August 2019, however, Rosenthal forbade us to take him away from his assisted living residence to spend time with him. He even claimed he had a warrant out for my brother Robert’s arrest because he had violated that order and picked Edward up once, anyway.”

Redmond, a Marine veteran, was diagnosed as paranoid schizophrenic in the 1980s and became addicted to drugs. He was determined to be 100% disabled by the VA hospital. Redmond’s parents became guardians over his military and Social Security benefits.

In 1994, Redmond’s parents agreed to let Rosenthal become his guardian without fully understanding what they were consenting to, according to Taylor. She said she and another sister in Texas didn’t know anything about what was going on with their brother until after Rosenthal had already been court appointed guardian/conservator.

At one point, Redmond was allowed to live with Taylor and her husband in Memphis on a trial basis. During that time, Redmond overcame his addiction for a while. He had a great testimony about his victory over drugs. Rosenthal forced Redmond to move back to Jackson for unexplained reasons.

Prior to his death in 2019 under conservatorship, Edward Redmond showed the condition of his teeth. His sister believes he wasn’t getting the care he deserved.

Taylor said her brother was moved over the years to different locations throughout the state of Mississippi, and that all of those places Rosenthal chose were not approved by the Department of Veterans Affairs.

Rosenthal said he won’t apologize for the care Redmond received in Jackson. Taylor wanted too much money for keeping Redmond, he said. “I’m not ashamed of what happened. I had a tremendous problem with her trying to get his money.”

Taylor said the family requested to have guardianship over Edward while allowing Rosenthal to continue being conservator over his money.

“Rosenthal refused,” she said. “The record speaks for itself.”

This project was produced by the Mississippi Center for Investigative Reporting, now part of Mississippi Today, in partnership with the Fund for Investigative Journalism.

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

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mississippitoday.org – Sophia Paffenroth – 2025-01-22 18:00:00

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. 

House Medicaid Committee Chairwoman Missy McGee, R-Hattiesburg. (AP Photo/Rogelio V. Solis)

“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.

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WATCH: Auditor Shad White calls Senate chairman ‘liar,’ threatens to sue during budget hearing

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mississippitoday.org – Taylor Vance – 2025-01-22 17:28:00

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.

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Jackson State faculty senate president sues for wrongful termination

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mississippitoday.org – Molly Minta – 2025-01-22 17:00:00

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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