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Mississippi court candidates tell you why they should be elected

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mississippitoday.org – Daja E. Henry, The Marshall Project – 2024-09-24 05:00:00

An illustration shows circles with portraits of seven judges and three question marks.

This article was published in partnership with The Marshall Project, a nonprofit news organization covering the U.S. criminal justice system, and Mississippi . Sign up for The Marshall Project’s Jackson newsletter, and follow them on Instagram, TikTok, Reddit and Facebook.

Along with the presidential and congressional elections on Nov. 5, Mississippi voters across a number of counties will be asked to select candidates to sit on the Supreme Court, Court of Appeals and an open seat on the Court.

Our election guide provides an in-depth look at who’s running for these nonpartisan seats. You can download a printable PDF of our Judicial Election Guide here.

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We also asked each candidate to respond to five questions from The Marshall Project – Jackson and Mississippi Today, which are posted below. Not all candidates responded.

Supreme Court District 1, Place 3 (Central Mississippi, including Jackson)

Five candidates, including incumbent

1. Please tell voters why you are most qualified for this seat.

This is not a personal criticism of any of my opponents. Rather, it is a commentary on our vastly different professional backgrounds. 

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My lengthy experience in the legal profession and my nearly 16 years of experience as an appellate judge cannot be matched by any of my opponents. 

For example, I am not aware of any relevant experience in the field of criminal on the part of any of them. Whatever exposure to that subject they may have had appears to have been academic as opposed to practical. I understand that one of the candidates had a clerkship at the Mississippi Supreme Court, which would have provided him additional academic experience in criminal law, and civil law as well. 

All of the candidates graduated from law school, as far as I know. In most law schools, criminal law is a first-year, required subject for all students. Some of my opponents also may have taken an elective course in criminal procedure. The study of constitutional law certainly has a criminal law component, and constitutional law is a required, first-year course. 

But to study criminal law is one thing and to practice it is another. I have a strong background in that field. The first jury trials I had, as a young lawyer, were murder trials in which I was court-appointed. Early in my career, I defended numerous criminal cases in Mississippi courts, some appointed and some hired. 

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During my fifth year as a member of the Bar, I was elected district attorney for four Mississippi counties. I served in that capacity for nine full years. I had very little help, which resulted in my personally trying almost all the cases that went to trial. 

During the years between my service as district attorney and my service on the Supreme Court (27 years), I was in private practice and I handled hundreds of criminal cases on the defense side, some of which involved appeals to the Court on which I now serve. 

During my years in private law practice (June 1967-January 1972, then January 1981-December 2008) I represented mostly Mississippi people in a vast array of civil and criminal matters. This included cases in the state’s circuit, chancery, county, justice, and municipal courts, and also in the federal courts. The kinds of cases I handled for my clients involved the same kinds of legal issues I dealt with as a practicing attorney. 

I had been an active, practicing Mississippi attorney for more than 40 years before I asked the people to allow me to serve on their state’s highest court. No other candidate can come close to my solid record of legal experience.

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2. Mississippi has one of the highest incarceration rates in the world. How should the state’s criminal legal system properly balance punishment and rehabilitation?

This is a policy question and, as such, it would be improper for me to answer it.

3. A 2023 state Supreme Court rule required reforms to the state’s public defense systems. Do you believe this change is adequate to ensure indigent defendants are provided lawyers after arrest, or is there more that needs to be done?

It is not appropriate for me (to) express my personal beliefs on this subject.

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4. Mississippi elects its judges and justices. This requires candidates to fundraise and solicit donations, often from lawyers, law firms and special interest groups. How can you accept contributions while still maintaining a sense of impartiality on the court?

Judicial candidates are prohibited from soliciting campaign contributions in Mississippi. Solicitations must be conducted through a committee that is designated by the candidate. 

During my two previous campaigns, and in the present one, I did not, and I do not allow my committee members to disclose the identity of campaign donors to me. I have never looked at the lists of contributors to my campaigns, and I have not looked at the lists of my opponents’ donors. Accordingly, I do not know who did or did not contribute to my campaigns, and neither do I know who did, or did not, contribute to the campaigns of my opponents. 

5. The criminal justice system in Mississippi has a history of racial disparities. Do you believe these disparities exist today, and if so, how will you address them from the bench?

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In pertinent part, my oath of office requires me to โ€œ. . . administer justice without respect to persons. . . .โ€ I have been faithful to that oath, and I will continue to do so.

The Challengers

Branning did not acknowledge or return the candidate questionnaire from The Marshall Project – Jackson and Mississippi Today. 

1. Please tell voters why you are most qualified for this seat.

There are five candidates running for the position of Mississippi Supreme Court Justice, some of whom I have never met. All of the candidates have been statutorily qualified because their names have been placed on the ballot.

I will answer this question by stating why I am well qualified to serve for the position of Mississippi Supreme Court Justice and why I feel that the voters should vote for me. I worked my way up the ladder in the legal profession. As a solo practitioner, I practiced both civil and criminal law. I served as a guardian ad litem in youth court and also represented juveniles in youth court. I have had several appointments: I was appointed in Warren County as a Justice Court Judge and also as a Special Master Judge in Chancery Court. I served as a special appointed City Court Judge in Port Gibson, Mississippi, and I was also twice appointed by the Mississippi Supreme Court as a special chancery judge in Scott and Rankin counties.

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Perhaps the highlight of my career is that I previously served as a Ninth District Chancery Court Judge. I presided over Warren, Sharkey, Issaquena, Humphries, Washington and Sunflower counties, and I was seated in Greenville, Mississippi. I also previously served on the Mississippi Court of Appeals. My experience and qualifications would add a different perspective to the court. I invite you to view my website at: ceolajamesformississippisupremecourt.com. I also invite you to view my speech at the Neshoba County Fair which was on Aug. 1, 2024: https://youtu.be/biubz6nL-MU 

2. Mississippi has one of the highest incarceration rates in the world. How should the

state’s criminal legal system properly balance punishment and rehabilitation?

The criminal justice system aims to balance punishment with rehabilitation. However, there is much needed for more rehabilitative services. Punishment is meant to deter criminal activity, whereas rehabilitation serves to enable a person who has been incarcerated to successfully re-enter society after he/she has completed a sentence. An imbalance is said to exist because more emphasis is placed on punishment as opposed to rehabilitation. The state of Mississippi has numerous rehabilitative services and programs, but more are needed in order to achieve a balance. Hopefully, the number of rehabilitative services will continue to grow. 

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3. A 2023 state Supreme Court rule required reforms to the state’s public defense systems. Do you believe this change is adequate to ensure indigent defendants are provided lawyers after arrest, or is there more that needs to be done?

 In 2023, the Mississippi Rules of Criminal Procedure were amended. This procedure provided for more due process to the indigent Defendant after arrest to ensure that the Defendant has the proper initial representation and that the representation continues until the case has been completed. There is still much work to be done in the criminal justice system, from arrest to acquittal or conviction.

4. Mississippi elects its judges and justices. This requires candidates to fundraise and solicit donations, often from lawyers, law firms and special interest groups. How can you accept contributions while still maintaining a sense of impartiality on the court?

Judges cannot solicit funds for their campaign. They must set up a committee to raise money for them. My committee has never raised large sums of money or had large major donors to this date. The candidate’s committee is statutorily required to all donations above $200 from each contributor, whether it be an actual or in-kind donation from each contributor.

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5. The criminal justice system in Mississippi has a history of racial disparities. Do you believe these disparities exist today, and if so, how will you address them from the bench?

A judge can address disparities in his opinion by upholding the oath of office, whether the disparities be based on race, religion, or any other factor. By taking the oath of office, a judge promises to: โ€œ โ€ฆ do equal justice to the poor and to the richโ€ฆโ€ A judge also promises in his oath to faithfully discharge the duties of his office, as is required by the constitution of the United States. 

1. Please tell voters why you are most qualified for this seat.

I have worked toward becoming an appellate judge my entire career. After law school, I had a clerkship in the Supreme Court, where I researched cases, wrote opinions and discussed opinions with the justices. Since the clerkship, I have been involved in many appeals in Mississippi and Alabama supreme courts and courts of appeals. I also have been involved in federal court appeals in the 5th and 11th Circuit Courts of Appeals. I have even handled rare appeals to the circuit courts in Mississippi. I am certified to appear before the United States Supreme Court. The Mississippi Bar does not have specialization but does have Sections to enhance attorney education in particular areas. I am a member of the appellate law section of the Mississippi Bar, which other candidates are not. Additionally, I have tried many different types of civil and criminal cases before many different judges and am familiar with the court system from which appeals originate.

2. Mississippi has one of the highest incarceration rates in the world. How should the state’s criminal legal system properly balance punishment and rehabilitation?

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I really believe this is a question for the Department of Corrections, the or our society and not a candidate for the Supreme Court. Nevertheless, the Supreme Court’s duty is to make sure that no individual is wrongfully convicted and incarcerated. The court does not play a direct role in arrests or rehabilitation. The Legislature did recently pass a statute to reduce jail time prior to eligibility for parole. In my practice, I have assisted some criminal defendants and helped them avoid incarceration by working out a plea arrangement. As such, they are able to remain in society while correcting their behavior. Our state has a drug problem, which I have seen with clients and with opposite parties in cases. Our state did create drug courts to attempt to lower the incarceration rate, which I believe has been very successful. I have listened to, and had discussions with, the commissioner of the DOC about the incarceration rate. He impresses me with his understanding of how to rehabilitate inmates (although he does not call them by that term), which I think may decrease recidivism. Religious organizations have to become more involved to rehabilitate as well. My mother went to the county jail almost every week to take cookies as an incentive for prisoners to meet with and listen to her talk about religion. Perhaps other people and organizations can help inmates.

3. A 2023 state Supreme Court rule required reforms to the state’s public defense systems. Do you believe this change is adequate to ensure indigent defendants are provided lawyers after arrest, or is there more that needs to be done?

It was a good start. The hourly rate for public defenders needs to be increased so that more attorneys will be willing to handle the caseload. I believe the state will have to access with the money needed for these fees as small counties cannot handle the financial burden. While my criminal defense duties may have been limited, I have tried to make sure that defendants whose cases I have handled acknowledged their past bad behavior and avoided jail time. They are now productive citizens.

4. Mississippi elects its judges and justices. This requires candidates to fundraise and solicit donations, often from lawyers, law firms and special interest groups. How can you accept contributions while still maintaining a sense of impartiality on the court?

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The Judicial Commission has attempted to provide a buffer by not allowing judges to ask for donations. Without regard to that, recusal from being a part of the decision is an option. Otherwise, I do not believe any donation was given to me to influence any particular decision but because the donor knows my honesty and integrity and experience to handle the position. 

5. The criminal justice system in Mississippi has a history of racial disparities. Do you believe these disparities exist today, and if so, how will you address them from the bench?

I am familiar with the history of Mississippi, but I do not believe such disparities exist today. Our judges are of different ethnicities and are well-trained. They also are voted out if the people do not believe they are acting fairly and impartially. As an appellate judge, any disparities in treatment are reviewed and, if proven, could result in the case being overturned. It has been claimed that the motivation behind taking away the right to vote as punishment was racial. I do not know the motive and the Supreme Court did not play a role in legislation, but I do not understand removing rights from any individual of any ethnicity, who has served his/her punishment and returned to society.

Robinson declined to answer the candidate questionnaire and directed The Marshall Project – Jackson and Mississippi Today to review her website. 

Supreme Court District 2, Place 2 (Gulf Coast)

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One incumbent and one challenger

1. Please tell voters why you are most qualified for this seat.

I am the only candidate in this race with experience serving on the Mississippi Supreme Court. I have served on the Supreme Court for more than eight and a half years, and I have a clear and consistent record of strictly interpreting the U.S. Constitution and the Mississippi Constitution. I have always followed the rule of law without legislating from the bench. I am a Constitutional conservative, and that is evident in the hundreds of rulings I have been part of on the Supreme Court. Throughout that experience, as well as my previous experience as a Chancery Judge, Mississippians can see my record of experience of always fairly applying the law and following our Constitution.

2. Mississippi has one of the highest incarceration rates in the world. How should the state’s criminal legal system properly balance punishment and rehabilitation?

There is no doubt that how children are raised is a key factor in their future path and ability to have success in their lives. That is why I have personally invested time and effort over the past eight years in improving resources available to the child welfare system to help strengthen families and reduce the trauma too many children experience.

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In our Youth Services side of the Youth Court, we have worked to provide Youth Court Judges with resources to better evaluate offenders. We have educated all court personnel to be trauma informed to better understand and redirect juvenile offenders. We have seen the return of the Adolescent Offender Program (AOP) which gives the Court greater resources to help redirect offenders and hold them accountable.

Since I have been on the Supreme Court we have seen an expansion of drug courts, mental health courts, and veterans’ courts to address many of the challenges facing the people of our state. It’s important to hold offenders accountable for their actions, while also having alternative punishments that help non-violent offenders redeem themselves and get on the right path so they can have a productive and successful future in life.

3. A 2023 state Supreme Court rule required reforms to the state’s public defense systems. Do you believe this change is adequate to ensure indigent defendants are provided lawyers after arrest, or is there more that needs to be done?

In April 2023 the Supreme Court Amended Rule 7.2 of the Mississippi Rules of Criminal Procedure that deals with appointment of attorneys to indigent individuals. Inmates must have timely hearings and that is insured when they are represented at all stages of the litigation, including making sure a timely appeal is filed. Justice delayed is justice denied โ€” and legal representation is vital to this. We owe it to all Mississippians to move all cases forward in a timely manner โ€” both to the defendants, as well as the victims.  

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4. Mississippi elects its judges and justices. This requires candidates to fundraise and solicit donations, often from lawyers, law firms and special interest groups. How can you accept contributions while still maintaining a sense of impartiality on the court?

I am comfortable with the current rules regarding how judicial candidates run for office in Mississippi. I believe the people of our state want and should have the ability to elect their judges because it’s a good way to ensure accountability for judges. Judicial candidates utilize a committee or team of people to help raise the resources that are necessary to run a campaign and that keeps the candidate away from direct fundraising. That also frees up time for the candidate to visit with voters, hear their concerns and discuss their judicial philosophy and the type of judge they would be on the court.

5. The criminal justice system in Mississippi has a history of racial disparities. Do you believe these disparities exist today, and if so, how will you address them from the bench?

My focus as a Chancery Judge in the past as well as my experience over the last eight and a half years serving on the Mississippi Supreme Court has always been to fairly apply the law โ€” no matter the age, race or gender of the parties involved. I believe the other Justices on the Supreme Court feel the same way, and I am confident in saying there is no racial bias on our Mississippi Supreme Court.

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The Challenger

Sullivan did not acknowledge or return the candidate questionnaire from The Marshall Project – Jackson and Mississippi Today. 

Court of Appeals District 5, Place 2 (Gulf Coast)

Three candidates

Baker did not acknowledge or return the candidate questionnaire from The Marshall Project – Jackson and Mississippi Today. 

Schloegel acknowledged receiving the candidate questionnaire from The Marshall Project – Jackson and Mississippi Today, but did not return any responses. 

1. Please tell voters why you are most qualified for this seat. 

My background as an attorney and a judge makes me the most qualified for this seat on the Court of Appeals. As an attorney who has spent 22 years practicing on the defense side of cases, plaintiffs’ side of cases, and as a sitting judge, I will be able to review appeals from ALL perspectives. As a Constitutional conservative with a background and broad perspective of legal experience, I will be able to make a better ruling on the issues being appealed to the Court of Appeals. My judicial philosophy is a strict constructionist of our Constitution, so I will fairly apply the law without trying to legislate from the bench.

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2. Mississippi has one of the highest incarceration rates in the world. How should the state’s criminal legal system properly balance punishment and rehabilitation? 

We must always hold offenders accountable for crimes and protect victims’ rights. At the same time, our state needs more resources for the judicial system in terms of options for punishment and rehabilitation for crimes. The drug court, which is an option for Circuit Court judges, has seen tremendous success in helping people rebuild their lives. The drug court, as well as a court for mental health, should be offered as an option at all levels of the judicial system, including the municipal level where I currently serve. 

3. A 2023 state Supreme Court rule required reforms to the state’s public defense systems. Do you believe this change is adequate to ensure indigent defendants are provided lawyers after arrest, or is there more that needs to be done? 

I believe the change is good and is a step in the right direction. From my personal perspective, Jackson County has an amazing team of public defenders. They are assigned the case by the municipal judge, and then they represent the client through indictment, and if needed, through trial. There is always more that can be done, but I believe the Mississippi Supreme Court took great strides in ensuring protection for indigent defendants, and I feel confident they will continue to look for ways to ensure the rule is properly implemented.

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4. Mississippi elects its judges and justices. This requires candidates to fundraise and solicit donations, often from lawyers, law firms and special interest groups. How can you accept contributions while still maintaining a sense of impartiality on the court?  

The alternative to electing judges would be judges appointed by elected officials, which would come with the same โ€œperceptionโ€ of conflict. Questions would then arise about loyalty to particular elected officials, interest groups or political party of the elected official who made a judicial appointment. I understand the arguments made on both sides of the appointed versus elected judges discussion, but I am content with the current system that allows people to have a direct voice in electing judges. Judicial candidates are not personally involved in fundraising efforts. While that makes it harder to raise funds since your campaign relies on a committee to assist, those are the rules we follow. It is extremely important for voters to know their candidates and to examine their personal and professional track records. That way they can choose a candidate who is ethical and strong enough to be fair, unbiased and consistent in applying the law.

5. The criminal justice system in Mississippi has a history of racial disparities. Do you believe these disparities exist today, and if so, how will you address them from the bench. 

I do not think we have racial bias in our court system in Mississippi. I believe our state has made tremendous progress to overcome racial injustices of the past. During my legal career, I have always treated everyone with respect and dignityโ€”regardless of their race, societal status or background. Just as I have done as a municipal judge, I will always follow the law, uphold our Constitution, and be fair in all cases that come before me on the Court of Appeals. 

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Hinds County Court, Subdistrict 2

Three candidates, including the incumbent

1. Please tell voters why you are most qualified for this seat.

Respectfully, I am the only candidate in the race with actual experience in each facet of the County Court civil docket: jury trials, bench trials, appeals, eminent domain and prior judicial experience as special circuit judge. 

Upon graduating from Tougaloo College and the University of Minnesota, I have practiced law in Jackson for 34 years serving unpaid on the Mississippi Board of Bar Admissions for 22 years (including six as Chair), serving as City of Jackson as Litigation Counsel under Mayor Melton and as City Attorney under Mayor Johnson and Mayor Lumumba Sr., and serving as Hinds County Board Attorney for six years.

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2. Mississippi has one of the highest incarceration rates in the world. How should the state’s criminal legal system properly balance punishment and rehabilitation?

The Hinds County Court civil docket does not handle criminal or youth matters. Nevertheless, it is important that the justice system tailor punishment to the individual offense and provide offenders with a meaningful opportunity to rejoin the community as citizens with rights to vote and jury participation. All of us have received a second or more chance in life, and we should afford the same to other citizens who have served their sentences.

3. A 2023 state Supreme Court rule required reforms to the state’s public defense systems. Do you believe this change is adequate to ensure indigent defendants are provided lawyers after arrest, or is there more that needs to be done?

The Hinds County Court civil docket does not include public defenders, as they participate in the criminal system. My personal belief is that every indigent person is constitutionally entitled to a competent attorney who should provide zealous representation, and a judge should ensure that such representation is provided to those accused, but who are presumed innocent. 

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4. Mississippi elects its judges and justices. This requires candidates to fundraise and solicit donations, often from lawyers, law firms and special interest groups. How can you accept contributions while still maintaining a sense of impartiality on the court?

Judicial candidates are prohibited from directly soliciting contributions. My campaign committee has not and will not accept any special interest group funds. Regarding individual donations, the committee screens the donations, so I do not know who is giving or the amount. I further maintain impartiality by issuing an open invitation for any and all citizens to attend court proceedings and observe the respect I give each litigant and how we reach the proper legal conclusion. Transparency from the judge is paramount to maintaining impartiality and providing justice!

5. The criminal justice system in Mississippi has a history of racial disparities. Do you believe these disparities exist today, and if so, how will you address them from the bench?

Again, the Hinds County Court civil docket does not handle criminal matters. Importantly, though, the same disparities that affect individuals in the criminal system also affect individuals in the civil system. Since taking the bench in December 2023, I have sought to reduce interest rates and attorney fees as permitted by law, balance tenant protection with landlord rights while treating all people with respect and ensuring that the least of us have access to justice through compassion, patience, creativity.

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The Challengers

1. Please tell voters why you are most qualified for this seat.

I have sat in every seat in the courtroom. I have been the family member of a person being charged with a crime, Law Clerk to two circuit court judges, Public Defender, Police Attorney, Prosecutor, private Attorney, and private citizen filing a . I wrote the body camera policy for the Jackson Police Department, ensuring accountability and transparency. I have tried 1,563 cases in the past year. I have practiced in justice court, municipal court, county court, circuit court, and federal court. I have done the work, identified the problem, and identified a solution that betters the young people in our community which will yield a return of a safer and more economically friendly Hinds County.

While serving as a prosecutor, I had the opportunity to witness the initial appearances of every misdemeanor and felony that occurred within the city limits of Jackson. That experience gave me a bird’s eye view into just how many young people were being exposed to adult jurisdiction, which then made me think of ways to help deter crime and to save a generation. I took a visit to Job Corps and identified a way, in appropriate circumstances, to use it as an alternative solution. Currently, there are no court-ordered participants from Hinds County Court in Job Corps. Moms are notorious for thinking about and caring for others. Women take whatever you give them, and we multiply it. If you give us a house we will make it a home, if you give us groceries we will make a meal, give us a seed and we make human beings. Give me this job to be your next Hinds County Court Judge and justice will be multiplied for every human that comes into my courtroom.

2. Mississippi has one of the highest incarceration rates in the world. How should the state’s criminal legal system properly balance punishment and rehabilitation?

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Punishment should never travel without rehabilitation. Rehabilitation should start the moment a person is arrested and brought before a judge. The goal of the system should be to ensure that offenders are productive citizens of society when they return to the community. The state’s criminal legal system should ensure that there is adequate funding for the necessary services to travel with the appropriate punishment i.e., behavioral health, mental health, drug & alcohol treatment and, etc. A balanced system is transparent, accountable, collaborative, and efficient. 

3. A 2023 state Supreme Court rule required reforms to the state’s public defense systems. Do you believe this change is adequate to ensure indigent defendants are provided lawyers after arrest, or is there more that needs to be done?

There is more that needs to be done. There needs to be a law that states that if a person is not indicted within 90 days and has not made bail, then he shall be released on his own recognizance for nonviolent offenses. If the person is not a danger to the community or a flight risk, then he/she may be placed on house arrest. In both instances, any time served shall be used as credit toward any sentence he/she may receive. The courts, law enforcement, and prosecutors should be held accountable for defendants languishing in jail without indictment. There are so many collateral consequences that come with being incarcerated: loss of home, job, car, SSI/Disability benefits, and inadequate medication. Unnecessary incarceration is costly to the taxpayers and leads to recidivism when a person is released with little to return to. Also, public defenders should be paid at the same rate as prosecutors to help prevent being overworked and underpaid.

4. Mississippi elects its judges and justices. This requires candidates to fundraise and solicit donations, often from lawyers, law firms and special interest groups. How can you accept contributions while still maintaining a sense of impartiality on the court?

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The literal nature of a judge’s job is to be fair and impartial to everyone; it is what keeps politics out of the judicial system. I would hope that donations are being made to ensure qualified and principled persons are being elected and not to gain personal favor. I have a proven track record of fairness to my colleagues as a defense attorney, prosecutor, police attorney, administrative law judge, and civil attorney. There are also limitations on donors. This reduces the chance of being partial to certain lawyers and firms. One of the reasons that I am seeking this seat is to eliminate the pitfalls of unfairness that so many of us without family and political connections face. Absolutely no one is above the laws of this State.

5. The criminal justice system in Mississippi has a history of racial disparities. Do you believe these disparities exist today, and if so, how will you address them from the bench?

Racial disparities still exist. I know what it is like to be included in racial disparities. Some examples are the disrespect of time, the disrespect of privacy, and the assembly line-like treatment. I will consider the family makeup, employment and criminal history, health, and likelihood of rehabilitation and recidivism of every person, Black, brown or White. I will ensure that each person has an opportunity to be heard and is treated with human dignity while in my courtroom.

1. Please tell voters why you are most qualified for this seat.

My Experience, Community Service and Community ties make me most qualified for this seat. County Court has three divisions, Youth Court Division, Criminal Division and Civil Division. I’m the only candidate that has sat in every seat in the County Court. I have handled cases as a Youth Court Prosecutor, Youth Court Defense Attorney, Deputy County Prosecutor, Hinds County Public Defender, Civil Plaintiffs Attorney and a Civil Defense Attorney for individuals, businesses and government agencies. I am the only candidate that has handled thousands of cases as an attorney in the Hinds County Court, and I believe all of that relevant experience matters. I am the only candidate that has worked as a mentor for at risk youth with the Hinds County Youth Court. Also, I’m the only candidate that is from and lives in this District. I believe I have a unique and needed perspective to bring to the bench.

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2. Mississippi has one of the highest incarceration rates in the world. How should the state’s criminal legal system properly balance punishment and rehabilitation?

As a current prosecutor, public defender and former attorney for a drug court program, I am always faced with balancing punishment and rehabilitation. Bonds or bail is the one area that ultimately determines when, if, and how long a person will remain incarcerated when charged with a crime. I work to ensure that bonds are not being imposed in a punitive manner. As a prosecutor, I believe our legal system should never take a heavy-handed or โ€œtough on all crimeโ€ approach. Some crimes simply may not warrant sending the defendant to prison. There are many nonviolent offenders that deserve second chances, drug treatment, rehabilitation or diversion programs. Second chance / diversion programs are crucial in ensuring that we balance punishment and rehabilitation. Failing to consider such options in some cases could lead to needlessly destroying lives. A few days in jail can cost someone their job, home and more and that’s something that I consider when making decisions about incarceration. There are people that need to be punished and there are people that need to be rehabilitated. I believe that my professional and lived experiences will help me to make fair and just decisions in that regard. 

3. A 2023 state Supreme Court rule required reforms to the state’s public defense systems. Do you believe this change is adequate to ensure indigent defendants are provided lawyers after arrest, or is there more that needs to be done?

I am a former full-time public defender for Hinds County and a current part-time public defender in another jurisdiction. I have represented indigent Defendants in some capacity for over 13 years. I believe that prosecutors and public defenders are both indispensable to our criminal justice system. As a Public Defender I always felt that we should have been paid equal to prosecutors, which was not the case. Public Defenders deserve to be paid more! If Defendant A can hire a lawyer before turning himself in, he has the benefit of having an advocate literally on day 1. If Defendant B can’t hire an attorney, he cannot be appointed a public defender until after seeing a judge and the judge making a determination that he qualifies for appointed counsel. I think Defendant A is in a much better position on day 1 simply because he has the money to hire a lawyer as opposed to waiting to be appointed a lawyer. To this day it bothers me when I’m appointed to represent a Defendant long after he has been interrogated ,and I know had I been his lawyer during the interrogation, my client probably would not have been charged with a crime. I welcome funding and changes that would lead to Defendants being able to access court appointed counsel as early as possible. 

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4. Mississippi elects its judges and justices. This requires candidates to fundraise and solicit donations, often from lawyers, law firms and special interest groups. How can you accept contributions while still maintaining a sense of impartiality on the court?

Judicial candidates are not to solicit or accept donations themselves. However, they can have campaign committees to do so. I believe that the Judge should be like a referee at a ball . You call the balls and strikes. The referee doesn’t care what team is playing or who’s winning or losing. I will be that referee. Donations will not factor in my rulings in any way

5. The criminal justice system in Mississippi has a history of racial disparities. Do you believe these disparities exist today, and if so, how will you address them from the bench?

From a historical standpoint, we all know that Mississippi has a history of racial disparities. Jim Crow Laws are what you get when we have laws that are unjust and unfair. I believe that when our constitution and laws are applied fairly and equally to all, that leaves no room for people to be treated differently in a courtroom based on their race. I’m going to follow the law and apply it fairly. You will not see racial disparities coming from a Judge Kings’ courtroom. I believe our constitution and its protections belong to all of us and I will apply them fairly to all.

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

Mississippi Today

Inside the four-hour U.S. House hearing on welfare reform featuring Brett Favre

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mississippitoday.org – Anna Wolfe – 2024-09-24 18:05:45

WASHINGTON โ€” Minutes before the U.S. House Committee on Ways and Means held a hearing Tuesday on the topic of the Temporary Assistance for Needy Families, the subject of a still unfolding scandal in Mississippi, Chairman Rep. Jason Smith huddled with his colleagues.

The other congressmen wanted to know why the chairman had invited former NFL quarterback Brett Favre โ€” who is facing civil charges for his alleged role in diverting TANF funds to a volleyball stadium and a pharmaceutical startup โ€” to testify. 

Then, Smith revealed, one of the congressmen asked a question that underscored the larger problem: โ€œWhat is TANF?โ€

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Temporary Assistance for Needy Families is a $16 billion-a-year federal block grant administered by states to address poverty. While it is known for providing cash assistance, known as the welfare check, to low-income families, states have been spending the vast majority of the money in other ways, โ€œincluding some with tenuous connections to a TANF purpose,โ€ the federal agency that oversees the funds recently concluded.

The unnamed lawmaker is about four years late to the game.

Favre said he learned what TANF was in 2020, when Mississippi Auditor Shad White released an audit naming Favre as one of the improper recipients of an estimated $94 million in misused funds.

โ€œNow I know, TANF is one of our country’s most important welfare programs to help people in need,โ€ Favre told members of House Ways and Means, the budgeting committee responsible for revenue-related legislation within the nation’s social safety net programs. โ€œImportantly, I have learned that nobody was โ€” or is โ€” watching how TANF funds are spent.โ€

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Smith said he invited Favre to testify about rampant abuse in the program, which ensnared the athlete in a reputation-marring scandal, as part of a conversation about how to transform TANF to reach needy families and move people into work. Tuesday’s hearing, which lasted more than four hours, followed a subcommittee of Ways and Means held a similar hearing more than a year ago.

But four years after the original audit, Mississippians have more to learn about how the misspending occurred, who all was responsible and how the government plans to hold them accountable. A federal criminal investigation quietly drags on as seven people who pleaded guilty await prison sentencing; a slow-moving state civil lawsuit against Favre and three dozen others gags defendants and their attorneys from speaking publicly about the case; and the federal human service agency has yet to enact meaningful guardrails around the program.

A report that the committee requested last year, and was released Tuesday, found that accounting deficiencies within the TANF program occur in all 50 states and little is done to correct them.


The committee heard Tuesday from a beneficiary of Missouri’s TANF work program, Matt Underhile, a corrections officer and father of seven .

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Underhile was in his early 40s when he took action to turn his around after nearly two decades of drug abuse and unstable employment. He learned about the state’s TANF-funded work program called the Missouri Excel Center on Facebook. Through it, he received transportation assistance to get to and from class and earned his high school diploma. He said the program offered to pay for things like steel-toe boots or scrubs to help people succeed at work.

He said the program taught him โ€œthat there is always a way to remove any barrier you may have; that there are people and programs out there that care and can help you.โ€

But Mississippi’s TANF program hardly works this way. In 2022, the cash assistance program โ€” no more than $260 a month for a family of three โ€” served just 291 adults. Of those, fewer than 1% were employed, according to federal data

TANF is supposed to be a work program, but Mississippi imposes such strict eligibility requirements and such harsh sanctions โ€” such as taking away a person’s food benefits โ€” that low-income Mississippians are scared to apply, said Jarvis Dortch, director of the ACLU of Mississippi.

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When the state has contracted with outside agencies to provide work training like Underhile described, it has not produced reports to say what the programs offered or who they served. 

The largest subrecipients of non-assistance funds are not workforce training agencies, but organizations that work with children โ€” the child abuse and neglect investigations department, the Boys & Girls Club, a children’s mental organization and a global humanitarian nonprofit.

โ€œMississippi continues to spend little on direct cash assistance while continuing to provide TANF dollars to unaccountable third parties,โ€ Dortch said in his testimony on Tuesday.

The federal government gathers little information about how states choose to use their TANF , except for periodic of how they divvy up the money among several vague categories โ€” basic assistance, child welfare services, work, education or training activities, work supports, child care out of wedlock pregnancy prevention, fatherhood and two-parent family formation and maintenance programs, etc.

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Mississippi consistently spends a much greater share of its TANF grant on โ€œwork, education and training activitiesโ€ than most states โ€” 40% in 2022. With that statistic, Mississippi’s TANF program might seem as if it’s prioritizing solutions to generational poverty.

โ€œSounds good until you look under the hood,โ€ Dortch said.

A closer look shows that roughly 80% of that spending is on a college scholarship program serving many middle-class families, Mississippi Today first reported in 2019.

Dortch offered an alternative: More child care funding for working parents. Mississippi is allowed to transfer up to 30% of its TANF funding to the existing Child Care Fund to provide vouchers to more families, though it hasn’t opted to do this in recent years. Dortch also pointed to the success of Magnolia Mother’s Trust universal basic income program created by Jackson-based Springboard to Opportunity. 

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โ€œPeople that get cash assistance โ€ฆ they’re able to get the space to breathe to be able to do things like apply to go to school, look for other , they aren’t so pressured in life by trying to make ends meet,โ€ Dortch said.


In Mississippi, $5 million of the spending that it labeled work activities, work supports or fatherhood programs was actually the construction of a new volleyball stadium.

In 2017, Favre started lobbying for money from a nonprofit funded almost entirely by TANF funds to build a volleyball stadium at his alma mater, University of Southern Mississippi. The nonprofit founder, Nancy New, informed him that federal restrictions prevented her from using the money on construction projects. But, they thought, if they called the facility a โ€œWellness Center,โ€ and included classrooms where the nonprofit could ostensibly hold classes for needy parents, the nonprofit could provide the funding through a $5 million upfront lease of the property. 

Lawyers hired by the state welfare department in 2022 filed civil charges against the university’s athletic foundation and seven people they say are responsible for this sham, including Favre. New is awaiting sentencing on state charges for her role in the overarching scheme.

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U.S. Rep. Adrian Smith, R-Nebraska, asked Favre on Tuesday how officials characterized the source of the funding he was seeking. Favre said it was his understanding that they were grants.

โ€œNever was TANF or welfare funds mentioned in any conversations,โ€ Favre said.

โ€œWere public funds mentioned?โ€ Adrian Smith asked, and Favre didn’t immediately respond. โ€œWas it your understanding that it was private funds from a wealthy individual or some source?โ€

โ€œI don’t recall. I just remember that grant money,โ€ Favre said.

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Favre and New also arranged an additional $1.1 million payment in exchange for Favre to record a radio ad promoting the welfare program, which aired the following year. 

โ€œIf you were to pay me is there anyway the media can find out where it came from and how much?โ€ Favre once texted the nonprofit operator.

U.S. Rep. Linda Sanchez, D-California, enlarged and printed the text message on a display board that she brought to the hearing. Favre returned those funds to the state in 2020 and 2021.

After Favre secured the funds for the initial groundbreaking on the volleyball stadium, he returned to New for an additional investment in a startup pharmaceutical venture claiming it was going to produce a drug to treat concussions โ€” an injury with which Favre was familiar. The project received over $2 million in welfare funds, but no drug was developed. 

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โ€œSadly, I also lost my investment in a company that I believed was developing a breakthrough concussion drug I thought would help others,โ€ Favre said in his testimony. โ€œAs I’m sure you’ll understand, while it’s too late for me โ€” I’ve recently been diagnosed with Parkinson’s โ€” this is also a cause dear to my heart.โ€

The founder of the company, Jake Vanlandingham, pleaded guilty within the ongoing federal probe in July. The revelation of Favre’s Parkinson’s diagnosis made national headlines before the TANF hearing concluded.


Testimony from Sam Adolphsen, policy director for the conservative think tank Foundation for Government Accountability, challenged whether states should be entirely to blame for TANF misspending.

When Adolphsen served as the chief operating officer of the Maine Department of Health and Human Services, he said his agency exercised policy that allows states to transfer TANF funds to another federal program, the Social Services Block Grant, which involved home-based services for seniors and people with disabilities, domestic violence support centers, transportation, and other services.

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This resulted in a similar comingling of funds that got Mississippi officials in trouble.

Adolphsen said in his written testimony that Maine officials sought guidance from the federal agency that administers the funds, the U.S. Department of Health and Human Services, โ€œwith often unclear communications from the officials.โ€ Maine auditors eventually raised concerns about some of this transfer spending and the state reversed the expenditures.

In Mississippi, at least one defendant in the ongoing civil case has said that federal welfare officials were present in the planning of programs that auditors later found unlawful. 

โ€œMore work can be done in federal law to provide states with more clarity on the flexibility of these transfers in advance of such expenditures,โ€ Adolphsen said in his testimony.

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Adolphsen’s organization, FGA, lauded Mississippi for policies it enacted during the scandal, including the HOPE Act โ€” a law that imposed some of the strictest eligibility requirements in the nation, creating a maze of bureaucratic red tape that current Mississippi Department of Human Services Director Bob Anderson said burdens the department and should be repealed.

Last year, the House Ways and Means Committee requested that the Government Accountability Office conduct a nationwide review of non-cash TANF spending, which is where 78% of the funds go. The committee wanted to know, among other things, how states track the performance of their non-assistance programs, how they ensure they are submitting accurate financial reports, and what the federal government does with the annual TANF audit findings it receives.

The report, released in conjunction with the hearing, shows that from 2021-2023, all 50 states had unresolved audit findings in their TANF programs, 50 of which were โ€œsevereโ€ and the majority of which were repeated findings from previous years. 

Before the Mississippi welfare scandal became known, these audit deficiencies proved to be a warning sign of the larger program breakdown.

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West Virginia has recorded an accounting deficiency for 15 years. Thirty-one of the 155 findings contained questioned costs, like the ones cited in Mississippi’s widely publicized 2019 audit. One state’s questioned costs involved over $107 million and repeated for two years.

As for how the federal government follows up on these unresolved findings, the Government Accountability Office didn’t have an answer, but said that it would examine this process in its ongoing work.


Movement in the civil case against Favre and roughly three dozen other people or companies โ€” which attempts to claw back an implausible $80 million in misspending โ€” picked up the day before Favre’s testimony.

On Monday, Favre’s lawyers fired off 10 new subpoenas requiring depositions from the state auditor’s office, deputy state auditor Stephanie Palmertree, the attorney general’s office, the lieutenant governor’s office, Gov. Tate Reeves, former Reeves chief of staff Brad White, former First Lady Deborah Bryant, and three individual Mississippi Department of Human Services employees.

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At the hearing, Favre predictably threw shade at State Auditor Shad White, the state official who launched the initial investigation into welfare spending and has since written a book about the ordeal with Favre’s name in the subtitle. The athlete is currently suing White for defamation. 

Favre called White โ€œan ambitious public official who decided to tarnish my reputation to try to advance his own political career.โ€ 

White wrote a letter to the Ways and Means committee Monday evening in an effort to preempt any negative impression Favre may give of him. White included photos of Favre’s text messages to remind lawmakers of the athlete’s interest in keeping the payments confidential.

Favre also questioned the current leadership of the state welfare agency, which has paid Jones Walker law firm nearly $1.5 million in TANF funds to bring the ongoing civil action.

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โ€œThose same lawyers, before they sued me, came to my home town to try to convince me to retain them in this very dispute,โ€ Favre said. 

University of Southern Mississippi attempted to resolve the claims against it by setting up a scholarship program for TANF-eligible students, Favre said, but the plaintiff rejected the settlement, which โ€œwould have shut off the spigot of TANF funds to the lawyers.โ€


Back to the original question by Chairman Smith’s colleagues: What’s the purpose of inviting Favre to speak before ?

โ€œIf someone in Mississippi is accused of misspending $50 in SNAP benefits, that person’s life will be turned upside down. Mr. Favre’s right here and he’s accused of misspending a million dollars and he’s speaking before Congress,โ€ Dortch told the committee. โ€œSomething is wrong.โ€

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For years in Mississippi, state employees and politicians scrambled to please Favre when he reached out about funding for projects or requests for meetings. One of the state’s favorite and most notable sons was in their corner, and they often responded accordingly.

Similar behavior was on full display in the House committee hearing on Tuesday. When Favre entered the Longfellow Office Building hearing room, cameras clicked and attendees turned their heads to catch a glimpse of the NFL Hall of Famer.

U.S. Rep. Beth Van Duyne, R-, said it seemed Favre had become a victim of his own celebrity.

Sanchez, the California representative, delivered the most aggressive questions about Favre’s involvement in the welfare scandal, to which U.S. Rep. Drew Ferguson, R-Georgia, responded, โ€œUnlike my colleague, I’m not mad at you about much, but I am mad that you couldn’t stay with the Atlanta Falcons.โ€

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

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Mississippi Today

Most at Speaker Whiteโ€™s summit want tax cuts, but some say โ€˜baby stepsโ€™ needed

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mississippitoday.org – Bobby Harrison – 2024-09-24 17:40:33

Most everyone at House Speaker Jason White’s tax summit said they cutting taxes โ€“ even eliminating the personal income tax — but there were concerns expressed by many on whether that goal could be accomplished without negatively impacting vital state services.

White’s  chair of the tax-writing House Ways and Means Committee, Rep. Trey Lamar, R-Senatobia, told the crowd gathered at a Flowood hotel Tuesday for the daylong summit that the upcoming 2025 legislative session is the time to begin the of phasing out the income tax.

โ€œI believe it is time to make really big transformative changes in our tax system,โ€ Lamar said.

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He said eliminating the income tax would make the state more competitive.

On the other hand, Sen. Jeremy England, R-, said he also supported tax cuts, but said “baby steps” might be needed to ensure funds are available to pay for state services.

Josh Harkins, R-Flowood, the chair of the Senate’s tax writing Finance Committee, cautioned that time might be needed to see the results of previous massive tax cuts passed in 2022 and in 2016 that are still being phased in. Plus, Harkins pointed out that the state and its citizens received about $33 in federal relief funds that have artificially bolstered state revenue. He said time might be needed to look at the financial condition of the state’s after the impact of those COVID-19 funds had faded.

White, who organized the summit that had more than 500 people registered to attend, stressed that there were no preconceived notions on what the House leadership’s recommendations for tax changes would be during the upcoming session. White said he had the summit as part of an effort to discuss and build consensus on improving the state’s tax structure.

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But both White and Lamar have voiced strong support for phasing out the personal income and also for at least reducing the state’s 7% tax on groceries which is the highest of its kind in the nation.

Gov. Tate Reves, who also spoke at the summit at the invitation of White, also spelled out his reasons for supporting the elimination of the income tax.

He said Mississippi โ€œwas in the best financial situation โ€ฆ in our state’s history. Because of that there has never been a better time to eliminate the income tax.โ€

Harkins said eliminating the income tax would take about $2.2 billion out of state coffers. The grocery tax would reduce state revenue by less than $500 million.

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Harkins said the state has many needs ranging from transportation to shoring up the state’s public pension program that has a deficit of $25 billion.

Beside eliminating the income tax, Lamar said the goals of House leaders in their plan to make โ€œmonumentalโ€ changes in tax policy are to ensure cities and counties have sufficient revenue and  โ€œto fixโ€ the funding issues at the state Department of Transportation.

Central District Transportation Commissioner Willie Simmons, D-Cleveland, and Transportation Executive Director Brad White said the 18-cents-a-gallon gasolineย tax and other revenue directed to the agency is not enough. They said the agency needs an additional $480 million a year for road maintenance.

In recent years, the Legislature had provided an additional $1.3 billion to the in addition to the designated sources of revenue. But they said the agency needed an additional recurring revenue stream instead of to wait to the end of each session to find out how much extra money the Legislature was providing transportation.

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Other speakers included legislative leaders from other states that have worked on tax policy and national tax-cut advocate Grover Norquist. John McKay, executive director of the Mississippi Manufacturers Association, and Hattiesburg Toby Barker said the most important issues for companies are work force development and site preparation.

At the end of the day-long summit, White unveiled poll results compiled by nationwide Republican pollster Cygnal. The poll found 64% of supported phasing out the income tax over a five year period.

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

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Collaborative effort clears path from jail to mental health treatment

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mississippitoday.org – Mina Corpuz – 2024-09-24 14:06:05

A statewide program launched this month wants to help people with mental illness facing felony charges get out of jail and into treatment.ย 

The forensic navigator program is a grant-funded collaboration between the Roderick and Solange MacArthur Justice Center at the of Mississippi School of Law and the Department of Mental

It’s hotline that is a resource for family members and those in the criminal legal system. When they call, they can talk with an attorney who serves as a bridge among the courts, law enforcement and DMH to arrange mental health treatment. 

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Credit: unknown

โ€œThese people who are in acute crises are in our jails and experiencing intense suffering,โ€ said Cliff Johnson, director of the MacArthur Justice Center. โ€œThat makes the need to get to them quickly so critical and helps explain why sometimes those people can behave unpredictably.โ€ 

A goal of the navigator program is to help reduce the wait time for forensic evaluations at the Hospital. Evaluations help determine if a person is competent and able to understand the charges against them and they are able to help with their legal defense. 

If someone is found not to be competent, DMH treats them at the State Hospital to restore them to a point where they can stand trial. Some stay in jail for months or years until they can be admitted for competency restoration. 

DMH has 65 forensic beds and has plans to open additional beds in a new building, which would increase capacity to over 100 beds. 

Dr. RecoreDr. Thomas Recore

Dr. Thomas Recore, the department’s medical director, has served as head of forensic mental evaluations and has performed evaluations. 

For some with mental health needs facing lower felony charges like property or malicious mischief, it may be more helpful for that person to get out of jail to receive treatment, which can help them avoid future interactions with law enforcement while they are in crisis, he said. 

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โ€œWe all know this is the right thing to do,โ€ Recore said about the forensic navigator program.  

Stacy Ferraro, a Mississippi attorney who has represented those charged with capital offenses and juveniles sentenced to without parole, will be the one on the other end of the phone line when people call the navigator. 

Johnson said Ferraro will work with families, DMH, attorneys, law enforcement and other players and act as โ€œa person looking at the whole chessboard.โ€ 

Even if everyone agrees someone doesn’t need to be in jail, there might be limitations that mean they aren’t able to get help, Johnson said. That could mean a bed isn’t available or a private facility can’t admit someone with a pending felony charge. 

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The navigator program has already helped a north Mississippi family whose adult daughter faced an arson charge for setting her family’s home on fire during a mental health episode. 

Itawamba County Sheriff Mitch Nabors recognized the woman needed mental , but he knew the sheriff’s office couldn’t it. That’s when Johnson called, and Ferraro began speaking with the woman’s mother, Erica Hoskins, lawyers and from DMH. 

Within days, arrangements were made for the woman to jail and receive inpatient treatment. Through Ferraro’s work and conversations with attorneys, the woman’s case was remanded, Johnson said. 

The navigator program is the years-long cumulation of work between the department and MacArthur Justice Center. At one point, Johnson and attorney Paloma Wu, who was then with the Southern Poverty Law Center, wanted to sue DMH, but they saw an opportunity to try something different

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A meeting at the State Hospital brought together people from all areas of the criminal justice system, department leaders, civil rights activists and others to agree there was a problem and they all have a role to play to reduce needless suffering. 

MacArthur Justice Center reserves the right to sue the department, which officials understand. 

Johnson said the collaboration is just the beginning and there is still room for progress and to address wait times for forensic beds and competency restoration treatment. 

He hopes those in power will shift responsibilities from sheriffs holding people with mental illness in jails and to those with the proper clinical experience and training, which he said can keep people safe and make communities safer. 

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It’s hotline that is a resource for family members and those in the criminal legal system. When they call, they can talk with an attorney who serves as a bridge among the courts, law enforcement and DMH to arrange mental health treatment.ย 

The forensic navigator program is a grant-funded collaboration between the Roderick and Solange MacArthur Justice Center at the University of Mississippi School of Law and the Department of Mental Health. 

โ€œThese people who are in acute crises are in our jails and experiencing intense suffering,โ€ said Cliff Johnson, director of the MacArthur Justice Center. โ€œThat makes the need to get to them quickly so critical and helps explain why sometimes those people can behave unpredictably.โ€ 

A goal of the navigator program is to help reduce the wait time for forensic evaluations at the State Hospital. Evaluations help determine if a person is competent and able to understand the charges against them and they are able to help with their legal defense. 

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If someone is found not to be competent, DMH treats them at the State Hospital to restore them to a point where they can stand trial. Some stay in jail for months or years until they can be admitted for competency restoration. 

DMH has 65 forensic beds and has plans to open additional beds in a new building, which would increase capacity to over 100 beds. 

Dr. Thomas Recore, the department’s medical director, has served as head of forensic mental evaluations and has performed evaluations. 

For some with mental health needs facing lower felony charges like property damage or malicious mischief, it may be more helpful for that person to get out of jail to receive treatment, which can help them avoid future interactions with law enforcement while they are in crisis, he said. 

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โ€œWe all know this is the right thing to do,โ€ Recore said about the forensic navigator program.  

Stacy Ferraro, a Mississippi attorney who has represented those charged with capital offenses and juveniles sentenced to life without parole, will be the one on the other end of the phone line when people call the navigator. 

Johnson said Ferraro will work with families, DMH, attorneys, law enforcement and other players and act as โ€œa person looking at the whole chessboard.โ€ 

Even if everyone agrees someone doesn’t need to be in jail, there might be limitations that mean they aren’t able to get help, Johnson said. That could mean a bed isn’t available or a private facility can’t admit someone with a pending felony charge. 

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The navigator program has already helped a north Mississippi family whose adult daughter faced an arson charge for setting her family’s home on fire during a mental health episode. 

Itawamba County Sheriff Mitch Nabors recognized the woman needed mental health care, but he knew the sheriff’s office couldn’t provide it. That’s when Johnson called, and Ferraro began speaking with the woman’s mother, Erica Hoskins, lawyers and officials from DMH. 

Within days, arrangements were made for the woman to leave jail and receive inpatient treatment. Through Ferraro’s work and conversations with attorneys, the woman’s case was remanded, Johnson said. 

The navigator program is the years-long cumulation of work between the department and MacArthur Justice Center. At one point, Johnson and attorney Paloma Wu, who was then with the Southern Poverty Law Center, wanted to sue DMH, but they saw an opportunity to try something different

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A meeting at the State Hospital brought together people from all areas of the criminal justice system, department leaders, civil rights activists and others to agree there was a problem and they all have a role to play to reduce needless suffering. 

MacArthur Justice Center reserves the right to sue the department, which officials understand. 

Johnson said the collaboration is just the beginning and there is still room for progress and to address wait times for forensic beds and competency restoration treatment. 

He hopes those in power will shift responsibilities from sheriffs holding people with mental illness in jails and to those with the proper clinical experience and training, which he said can keep people safe and make communities safer. 

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The MacArthur Forensic Navigator Program can be contacted by email at forensic.navigator@macarthurjustice.org or by phone at 662-715-2907

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

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