Mississippi Today
Justice Department warns Lexington to end ‘two-tiered system of justice’
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Justice Department officials sent a letter Thursday to the Lexington Police Department, raising questions about its use of force, fines, arrests and “discriminatory policing.”
“Lexington must stop jailing people for outstanding fines without assessing their ability to pay,” Assistant Attorney General Kristen Clarke for the Civil Rights Division and U.S. Attorney Todd Gee for the Southern District of Mississippi wrote in a joint letter.
City Attorney Katherine Riley responded Thursday, “We welcome the Justice Department’s presence, and we think it’s going to be a positive to the city of Lexington, to the police department and to the people. We are working to make better changes.”
Last April, Justice Department officials put out a letter explaining that courts needed to determine a person’s ability to pay before putting them behind bars.
On June 10, Lexington police arrested attorney Jill Collen Jefferson, who was filming a traffic stop from her car, and she spent the weekend in jail. The arrest came after she filed lawsuits against the city of Lexington and its police department for allegedly abusing its Black residents.
She was convicted, and a judge has since rescinded those misdemeanor convictions.
Jefferson called the Justice Department’s actions Thursday “a step in the right direction, but this is only the tip of the iceberg. The police department targets, harasses and violently abuses Black and brown residents. The extremely egregious behavior of these officers should not only be acknowledged, but we need action so this abuse comes to a full stop. The people of Lexington need justice.”
She said she looks forward to what else Justice Department officials find “as they continue their investigation.”
In November, Clarke announced that the Justice Department had opened a civil rights investigation to determine whether the Lexington Police Department engaged in a pattern or practice of conduct that violated the Constitution and federal law.
“Specifically, we will assess whether the police department uses excessive force; violates people’s civil and constitutional rights during stops, searches and arrests; engages in discriminatory policing; or violates people’s rights to engage in speech or conduct protected by the Constitution,” she said in a press conference.
In Thursday’s letter, she wrote that the Lexington Police Department “may not force people to remain in jail because they cannot afford to pay a fine or processing fee. LPD may not require payment as a condition of release unless it has conducted an appropriate assessment of the person’s ability to pay. If the person cannot afford to pay the fine, LPD may not jail them unless there are no alternatives that would satisfy its interests in punishment and deterrence.”
In a statement, Clarke said, “It’s time to bring an end to a two-tiered system of justice in our country in which a person’s income determines whether they walk free or whether they go to jail. Unjust enforcement of fines and fees is unlawful, and it traps people and their families in a vicious cycle of poverty and punishment. There is great urgency underlying the issues we have uncovered in Mississippi and we stand ready to work with officials to end these harmful practices and ensure the civil and constitutional rights of Lexington residents are protected.”
Gee noted that a third of those residing in Lexington “live below the poverty line. The burden of unjust fines and fees undermines the goals of rehabilitation and erodes the community’s trust in the justice system. Each step we take towards fair and just policing rebuilds that trust. Lexington and LPD can take those steps now, while our investigation is ongoing.”
In the joint letter, Justice Department officials warned police against seeking unlawful arrest warrants for people who owe fines.
These bench warrants “are not predicated on any ability-to-pay analysis,” the letter says. “They do not demand that the person come before the court. Instead, they order LPD to arrest the person and jail them for a certain number of days unless they pay the outstanding fine that they owe.”
Justice Department officials asked Lexington officials “to assess the serious concerns” identified in the letter and share how they plan to remedy them.
“We will continue to examine whether there is a pattern or practice of conduct by law enforcement officers that deprives people of their rights related to the collection and enforcement of fines and fees in violation of federal law,” the letter said.
UPDATE 2/29/24: This story was updated to include the comments of civil rights attorney Jill Collen Jefferson,
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 1956
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Feb. 24, 1956
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U.S. Sen. Harry F. Byrd Sr. coined the term “Massive Resistance” to unite white leaders in Virginia in their campaign to preserve segregation. The policy appealed to white Virginians’ racial views, their fears and their disdain for federal “intrusion” into the “Southern way of life.”
Virginia passed laws to deny state funds to any integrated school and created tuition grants for students who refused to attend these schools. Other states copied its approach.
When courts ordered desegregation in several schools in Charlottesville and Norfolk, Virginia Gov. James Lindsay Almond Jr. ordered those schools closed. When Almond continued that defiance, 29 of the state’s leading businessmen told him in December 1958 that the crisis was adversely affecting Virginia’s economy. Two months later, the governor proposed a measure to repeal the closure laws and permit desegregation.
On Feb. 2, 1959, 17 Black students in Norfolk and four in Arlington County peacefully enrolled in what had been all-white schools.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
If Tate Reeves calls a tax cut special session, Senate has the option to do nothing
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An illness is spreading through the Mississippi Capitol: special session fever.
Speculation is rampant that Gov. Tate Reeves will call a special session if the Senate does not acquiesce to his and the House leadership’s wishes to eliminate the state personal income tax.
Reeves and House leaders are fond of claiming that the about 30% of general fund revenue lost by eliminating the income tax can be offset by growth in other state tax revenue.
House leaders can produce fancy charts showing that the average annual 3% growth rate in state revenue collections can more than offset the revenue lost from a phase out of the income tax.
What is lost in the fancy charts is that the historical 3% growth rate in state revenue includes growth in the personal income tax, which is the second largest source of state revenue. Any growth rate will entail much less revenue if it does not include a 3% growth in the income tax, which would be eliminated if the governor and House leaders have their way. This is important because historically speaking, as state revenue grows so does the cost of providing services, from pay to state employees, to health care costs, to transportation costs, to utility costs and so on.
This does not even include the fact that historically speaking, many state entities providing services have been underfunded by the Legislature, ranging from education to health care, to law enforcement, to transportation. Again, the list goes on and on.
And don’t forget a looming $25 billion shortfall in the state’s Public Employee Retirement System that could create chaos at some point.
But should the Senate not agree to the elimination of the income tax and Reeves calls a special session, there will be tremendous pressure on the Senate leadership, particularly Lt. Gov. Delbert Hosemann, the chamber’s presiding officer.
Generally speaking, a special session will provide more advantages for the eliminate-the-income-tax crowd.
First off, it will be two against one. When the governor and one chamber of the Legislature are on the same page, it is often more difficult for the other chamber to prevail.
The Mississippi Constitution gives the governor sole authority to call a special session and set an agenda. But the Legislature does have discretion in how that agenda is carried out.
And the Legislature always has the option to do nothing during the special session. Simply adjourn and go home is an option.
But the state constitution also says if one chamber is in session, the other house cannot remain out of session for more than three days.
In other words, theoretically, the House and governor working together could keep the Senate in session all year.
In theory, senators could say they are not going to yield to the governor’s wishes and adjourn the special session. But if the House remained in session, the Senate would have to come back in three days. The Senate could then adjourn again, but be forced to come back if the House stubbornly remained in session.
The process could continue all year.
But in the real world, there does not appear to be a mechanism — constitutionally speaking — to force the Senate to come back. The Mississippi Constitution does say members can be “compelled” to attend a session in order to have a quorum, but many experts say that language would not be relevant to make an entire chamber return to session after members had voted to adjourn.
In the past, one chamber has failed to return to the Capitol and suffered no consequences after the other remained in session for more than three days.
As a side note, the Mississippi Constitution does give the governor the authority to end a special session should the two chambers not agree on adjournment. In the early 2000s, then-Gov. Ronnie Musgrove ended a special session when the House and Senate could not agree on a plan to redraw the state’s U.S. House districts to adhere to population shifts found by the U.S. Census.
But would Reeves want to end the special session without approval of his cherished income tax elimination plan?
Probably not.
In 2002 there famously was an 82-day special session to consider proposals to provide businesses more protection from lawsuits. No effort was made to adjourn that session. It just dragged on until the House finally agreed to a significant portion of the Senate plan to provide more lawsuit protection.
In 1969, a special session lasted most of the summer when the Legislature finally agreed to a proposal of then-Gov. John Bell Williams to opt into the federal Medicaid program.
In both those instances, those wanting something passed — Medicaid in the 1960s and lawsuit protections in the 2000s — finally prevailed.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1898
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Feb. 22, 1898
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Frazier Baker, the first Black postmaster of the small town of Lake City, South Carolina, and his baby daughter, Julia, were killed, and his wife and three other daughters were injured when a lynch mob attacked.
When President William McKinley appointed Baker the previous year, local whites began to attack Baker’s abilities. Postal inspectors determined the accusations were unfounded, but that didn’t halt those determined to destroy him.
Hundreds of whites set fire to the post office, where the Bakers lived, and reportedly fired up to 100 bullets into their home. Outraged citizens in town wrote a resolution describing the attack and 25 years of “lawlessness” and “bloody butchery” in the area.
Crusading journalist Ida B. Wells wrote the White House about the attack, noting that the family was now in the Black hospital in Charleston “and when they recover sufficiently to be discharged, they) have no dollar with which to buy food, shelter or raiment.
McKinley ordered an investigation that led to charges against 13 men, but no one was ever convicted. The family left South Carolina for Boston, and later that year, the first nationwide civil rights organization in the U.S., the National Afro-American Council, was formed.
In 2019, the Lake City post office was renamed to honor Frazier Baker.
“We, as a family, are glad that the recognition of this painful event finally happened,” his great-niece, Dr. Fostenia Baker said. “It’s long overdue.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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