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Outgoing House leader to hold hearing about state public defense system reforms

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The outgoing leader of the legislative committee responsible for criminal justice issues plans to hold a hearing Thursday on how Mississippi provides constitutionally required legal services to poor people accused of a crime.

House Judiciary B Chairman Nick Bain, a Republican from Corinth, said on Mississippi Today’s “The Other Side” podcast on Sept. 25 that the hearing this week will center on reforming the state’s disjointed public defense system.

“We lag behind in public defense, indigent defense in Mississippi,” Bain said. “We don’t have a uniform system all over the state. That is as much of a constitutional right as your right to bear arms, your freedom of speech or your right to the press.”

Recent reporting from ProPublica, The Marshall Project and the Northeast Mississippi Daily Journal shows that Mississippi’s indigent defense network is disjointed with no uniform system in place.

“In other states, any discussion of policy change takes place at one or two systems,” David Carroll, director of the Sixth Amendment Center, told the news outlets. “There are nearly 500 indigent defense systems in Mississippi.”

Mississippi is one of only a handful of states without direct state oversight of public defense. Instead, local governments bear almost all the responsibility of providing poor criminal defendants with an attorney, as guaranteed by the Constitution.

In many counties, defendants aren’t appointed new lawyers until they’re indicted, a process that can take years. And by the time defendants receive a court-appointed attorney, so much time has passed that the lawyer is unable to locate crucial witnesses or evidence that could exonerate them.

To combat these deficiencies, Bain believes the state needs a public defense organization with counties grouped together into districts that parallel how state prosecutors, called district attorneys, function.

Numerous task forces dating back to 1995 have highlighted the state’s fractured system that leaves defendants in jail for long periods of time without an attorney. But state leaders haven’t done much to change the system.

Bain, a part-time public defender, believes counties and cities are hesitant to spend a significant portion of resources on public defense because of a “tough on crime” mentality in Mississippi that makes public officials queasy about spending tax dollars on people accused of committing serious offenses.

However, the three-term lawmaker argues if local and state governments provide more money to indigent defense, it can save them more money in the long run.

“It’s beneficial to your cities and your counties to do this,” Bain said. “For whatever cost it may have, it certainly outweighs, I think, liability down the road. Not to mention, it’s the humane thing to do, to help these people.”

But even with an upcoming hearing, there’s no guarantee that Bain’s dream will ever become reality anytime soon. The Alcorn County lawmaker recently lost his reelection bid when his Republican challenger defeated him by around 26 votes in a runoff race.

READ MORE: House chairman Nick Bain loses by 26 votes, becoming seventh incumbent legislator defeated

When lawmakers convene at the state Capitol in January for their 2024 regular session, presumptive Speaker Jason White will appoint new House members to lead the chamber’s legislative committees, including the Judiciary B Committee.

Whoever becomes the new leader of the committee Bain currently leads will help determine the future of the notoriously fractured defense system.

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

Mississippi Today

An ad supporting Jenifer Branning finds imaginary liberals on the Mississippi Supreme Court

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mississippitoday.org – Bobby Harrison – 2024-11-24 06:00:00

The Improve Mississippi PAC claims in advertising that the state Supreme Court “is in danger of being dominated by liberal justices” unless Jenifer Branning is elected in Tuesday’s runoff.

Improve Mississippi made the almost laughable claim in both radio commercials and mailers that were sent to homes in the court’s central district, where a runoff election will be held on Tuesday.

Improve Mississippi is an independent, third party political action committee created to aid state Sen. Jenifer Branning of Neshoba County in her efforts to defeat longtime Central District Supreme Court Justice Jim Kitchens of Copiah County.

The PAC should receive an award or at least be considered for an honor for best fiction writing.

At least seven current members of the nine-member Supreme Court would be shocked to know anyone considered them liberal.

It is telling that the ads do not offer any examples of “liberal” Supreme Court opinions issued by the current majority. It is even more telling that there have been no ads by Improve Mississippi or any other group citing the liberal dissenting opinions written or joined by Kitchens.

Granted, it is fair and likely accurate to point out that Branning is more conservative than Kitchens. After all, Branning is considered one of the more conservative members of a supermajority Republican Mississippi Senate.

As a member of the Senate, for example, she voted against removing the Confederate battle emblem from the Mississippi state flag, opposed Medicaid expansion and an equal pay bill for women.

And if she is elected to the state Supreme Court in Tuesday’s runoff election, she might be one of the panel’s more conservative members. But she will be surrounded by a Supreme Court bench full of conservatives.

A look at the history of the members of the Supreme Court might be helpful.

Chief Justice Michael Randolph originally was appointed to the court by Republican Gov. Haley Barbour, who is credited with leading the effort to make the Republican Party dominant in Mississippi. Before Randolph was appointed by Barbour, he served a stint on the National Coal Council — appointed to the post by President Ronald Reagan who is considered an icon in the conservative movement.

Justices James Maxwell, Dawn Beam, David Ishee and Kenneth Griffis were appointed by Republican Gov. Phil Bryant.

Only three members of the current court were not initially appointed to the Supreme Court by conservative Republican governors: Kitchens, Josiah Coleman and Robert Chamberlin. All three got their initial posts on the court by winning elections for full eight-year terms.

But Chamberlin, once a Republican state senator from Southaven, was appointed as a circuit court judge by Barbour before winning his Supreme Court post. And Coleman was endorsed in his election effort by both the Republican Party and by current Republican Gov. Tate Reeves, who also contributed to his campaign.

Only Kitchens earned a spot on the court without either being appointed by a Republican governor or being endorsed by the state Republican Party.

The ninth member of the court is Leslie King, who, like Kitchens, is viewed as not as conservative as the other seven justices. King, former chief judge on the Mississippi Court of Appeals, was originally appointed to the Supreme Court by Barbour, who to his credit made the appointment at least in part to ensure that a Black Mississippian remained on the nine-member court.

It should be noted that Beam was defeated on Nov. 5 by David Sullivan, a Gulf Coast municipal judge who has a local reputation for leaning conservative. Even if Sullivan is less conservative when he takes his new post in January, there still be six justices on the Supreme Court with strong conservative bonafides, not counting what happens in the Branning-Kitchens runoff.

Granted, Kitchens is next in line to serve as chief justice should Randolph, who has been on the court since 2004, step down. The longest tenured justice serves as the chief justice.

But to think that Kitchens as chief justice would be able to exert enough influence to force the other longtime conservative members of the court to start voting as liberals is even more fiction.

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 1968

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mississippitoday.org – Jerry Mitchell – 2024-11-24 07:00:00

Nov. 24, 1968

Credit: Wikipedia

Black Panther leader Eldridge Cleaver fled the U.S. to avoid imprisonment on a parole violation. He wrote in “Soul on Ice”: “If a man like Malcolm X could change and repudiate racism, if I myself and other former Muslims can change, if young whites can change, then there is hope for America.” 

The Arkansas native began to be incarcerated when he was still in junior high and soon read about Malcolm X. He began writing his own essays, drawing the praise of Norman Mailer and others. That work helped him win parole in 1966. His “Soul on Ice” memoir, written from Folsom state prison, described his journey from selling marijuana to following Malcolm X. The book he wrote became a seminal work in Black literature, and he became a national figure. 

Cleaver soon joined the Black Panther Party, serving as the minister of information. After a Panther shootout with police that left him injured, one Panther dead and two officers wounded, he jumped bail and fled the U.S. In 1977, after an unsuccessful suicide attempt, he returned to the U.S. pleaded guilty to a reduced charge of assault and served 1,200 hours of community service. 

From that point forward, “Mr. Cleaver metamorphosed into variously a born-again Christian, a follower of the Rev. Sun Myung Moon, a Mormon, a crack cocaine addict, a designer of men’s trousers featuring a codpiece and even, finally, a Republican,” The New York Times wrote in his 1998 obituary. His wife said he was suffering from mental illness and never recovered.

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 1867

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mississippitoday.org – Jerry Mitchell – 2024-11-23 07:00:00

Nov. 23, 1867

Extract from the Reconstructed Constitution of the State of Louisiana, 1868. Credit: Library of Congress

The Louisiana Constitutional Convention, composed of 49 White delegates and 49 Black delegates, met in New Orleans. The new constitution became the first in the state’s history to include a bill of rights. 

The document gave property rights to married women, funded public education without segregated schools, provided full citizenship for Black Americans, and eliminated the Black Codes of 1865 and property qualifications for officeholders. 

The voters ratified the constitution months later. Despite the document, prejudice and corruption continued to reign in Louisiana, and when Reconstruction ended, the constitution was replaced with one that helped restore the rule of white supremacy.

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

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