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Legislative leaders weigh stripping Supreme Court’s ability to give own raise

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Legislative leaders weigh stripping Supreme Court’s ability to give own raise

The Mississippi Supreme Court did not testify during the one day of public hearings held recently by the influential Legislative Budget Committee, but that does not mean the justices were not discussed.

Supreme Court Chief Justice Michael Randolph’s interpretation of a enacted in 2012 that he says grants him the authority to give the ‘s judiciary a pay raise without legislative approval was an undercurrent of the meeting of legislative leaders.

Actually, for Lt. Gov. Delbert Hosemann, it was more than an undercurrent.

โ€œI just think it is appropriate for the to do the appropriations,โ€ Hosemann said. โ€œThat is what people hired them (legislators) to do. I don’t think there should be an exception to that.โ€

Hosemann, of course, was referring to the classic, old school breakdown of the responsibilities of the three branches of : the legislative branch makes the laws and appropriates funds, the executive branch carries out those laws, and the judiciary interprets the laws.

Randolph would argue lawmakers in the 2012 legislation relinquished to him the authority to appropriate money for the judicial pay raises.

Starting after 2019, the 2012 law called for the Supreme Court justices and other judges to an automatic pay raise if funds are available, based on a determination of โ€œan adequate level of compensationโ€ as determined by the state Personnel Board. That board regularly conducts studies to determine the salary levels for state employees based on various factors, such as pay for similar positions in the private sector and in neighboring states. Until the 2012 law, the Personnel Board had not been involved in the issue of providing pay raises for the judiciary. That had been left up to the Legislature as it continues to be for other state elected officials.

The 2012 law increased the fees on various court filings โ€” such as the fee to file a civil lawsuit or on the levies in criminal proceedings โ€” to help pay for the salary increase. Some argued at the time the increase on the court filings was equivalent to a tax increase for those who use the courts. But then-Chief Justice William Waller Jr., who advocated for the 2012 legislation, said judges at the time desperately needed a pay increase and he was to be responsible by providing a method to pay for it.

What was not clear at the time, at least to many legislators, is that the law would be used by the chief justice to bypass the Legislature to a pay raise for himself and other members of the judiciary.

In the 2020 , House Appropriations Chair John Read, R-Gautier, authored legislation that would have provided a judicial pay raise but would have the 2012 language that allowed the judges to set their own salary based on the Personnel Board report. The legislation passed the House, but died in the Senate Appropriations Committee, chaired by Sen. Briggs Hopson, R-Vicksburg.

In September 2020, less than six months after the 2020 legislation died, Randolph contacted the Personnel Board inquiring about its salary recommendation report for the judiciary. That recommendation was for about a cumulative $2 million increase for state judges starting in January 2021 โ€” a pay increase greater than what was proposed in the 2020 House bill. Randolph enacted the pay raise based on that report.

During last week’s Legislative Budget Committee meeting, House Pro Tem Jason White, R-, asked questions about one of the guidelines the legislative leaders adopted for developing a budget โ€“ a requirement thatย any across-the-board pay raise for an agency had to be approved by the Legislature.

โ€œWe got in a position, one particular agency where raises went into effect and we were kind of in a take it or leave it scenario,โ€ White said.

โ€œYou mean the Supreme Court?โ€ asked Hosemann.

โ€œYes sir,โ€ White replied.

Referring to the 2012 law, Hopson said, โ€œI think the statute probably trumps what we doโ€ฆWhen we get back into session there needs to be something that confirms this (guideline.) We probably need to adjust the statute.โ€

Whether Hopson and other legislators will be willing to take the power to provide their own raises away from the judiciary remains to be seen. Many of the top legislative leaders are attorneys who often must appear before Randolph and the other justices in their private lives to argue cases. They might be reluctant to incur the ire of the Supreme Court.

Hosemann also is an attorney, but at age 75 has directed most of his active work life away from private law practice and toward public service, where he believes in the system set out by the nation’s and state’s founding fathers where the legislative branch appropriates public funds.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi News

Dollar General vehicle theft leads to two arrests in Tupelo

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www.wcbi.com – Aundrea Self – 2024-11-04 16:10:00

SUMMARY: In , Mississippi, 19-year-old Joshua James and a juvenile face charges related to a pursuit and the of a police car. James is charged with Directing a Felony to Be Committed by a Person Under Seventeen, Grand Larceny, and Felony Fleeing, with a bond set at $100,000. The incident began on November 1 when police responded to a of a stolen vehicle. After a chase that ended when the stolen truck crashed south of Verona, James was apprehended, while his juvenile passenger fled in a police car, which was later found wrecked. The juvenile’s case will be handled in Youth Court.

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Categories: Crime, Local News


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Mississippi News

Lowndes Co. Supervisors talk storm safety for certain areas

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www.wcbi.com – Marcus Hunter – 2024-11-04 15:59:00

SUMMARY: The Lowndes County Board of Supervisors has secured to construct storm shelters in Crawford, Artesia, and Plum Grove, lacking local shelter during severe weather. Each community will four FEMA-funded shelters, accommodating up to 20 people each, on property at a total cost of $103,692, with FEMA contributing $93,000. The supervisors anticipate these shelters will significantly enhance safety for during storms. Vice President Jeff Smith highlighted their importance, expressing relief for community members who have long awaited a secure refuge. While installation timelines remain unclear, the is expected to proceed soon.

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Mississippi News

News anchor dropped after social media post telling Trump-haters supporting Harris: ‘Stay home, donโ€™t vote’

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www.foxnews.com – – 2024-11-04 11:51:00

SUMMARY: David “Dave” Elliott, a anchor for in for nearly 40 years, was fired after expressing political views on social . He revealed on Facebook that his termination was due to his political opinions, specifically mentioning a where he advised people not to vote out of hatred for Donald Trump. Elliott characterized his social media posts as satire, distinguishing them from his professional work. He noted that the discussion with his station’s general about his dismissal was brief, and the topic of social media was raised. WLOX’s management declined to comment on the matter.

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