Connect with us

Mississippi Today

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

Published

on

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

Jim Hood’s opinion provides a roadmap if lawmakers do the unthinkable and can’t pass a budget

Published

on

mississippitoday.org – @BobbyHarrison9 – 2025-04-27 06:00:00

On June 30, 2009, Sam Cameron, the then-executive director of the Mississippi Hospital Association, held a news conference in the Capitol rotunda to publicly take his whipping and accept his defeat.

Cameron urged House Democrats, who had sided with the Hospital Association, to accept the demands of Republican Gov. Haley Barbour to place an additional $90 million tax on the state’s hospitals to help fund Medicaid and prevent the very real possibility of the program and indeed much of state government being shut down when the new budget year began in a few hours. The impasse over Medicaid and the hospital tax had stopped all budget negotiations.

Barbour watched from a floor above as Cameron publicly admitted defeat. Cameron’s decision to swallow his pride was based on a simple equation. He told news reporters, scores of lobbyists and health care advocates who had set up camp in the Capitol as midnight on July 1 approached that, while he believed the tax would hurt Mississippi hospitals, not having a Medicaid budget would be much more harmful.

Just as in 2009, the Legislature ended the 2025 regular session earlier this month without a budget agreement and will have to come back in special session to adopt a budget before the new fiscal year begins on July 1. It is unlikely that the current budget rift between the House and Senate will be as dramatic as the 2009 standoff when it appeared only hours before the July 1 deadline that there would be no budget. But who knows what will result from the current standoff? After all, the current standoff in many ways seems to be more about political egos than policy differences on the budget.

The fight centers around multiple factors, including:

  • Whether legislation will be passed to allow sports betting outside of casinos.
  • Whether the Senate will agree to a massive projects bill to fund local projects throughout the state.
  • Whether leaders will overcome hard feelings between the two chambers caused by the House’s hasty final passage of a Senate tax cut bill filled with typos that altered the intent of the bill without giving the Senate an opportunity to fix the mistakes.
  • Whether members would work on a weekend at the end of the session. The Senate wanted to, the House did not.

It is difficult to think any of those issues will rise to the ultimate level of preventing the final passage of a budget when push comes to shove.

But who knows? What we do know is that the impasse in 2009 created a guideline of what could happen if a budget is not passed.

It is likely that parts, though not all, of state government will shut down if the Legislature does the unthinkable and does not pass a budget for the new fiscal year beginning July 1.

An official opinion of the office of Attorney General Jim Hood issued in 2009 said if there is no budget passed by the Legislature, those services mandated in the Mississippi Constitution, such as a public education system, will continue.

According to the Hood opinion, other entities, such as the state’s debt, and court and federal mandates, also would be funded. But it is likely that there will not be funds for Medicaid and many other programs, such as transportation and aspects of public safety that are not specifically listed in the Mississippi Constitution.

The Hood opinion reasoned that the Mississippi Constitution is the ultimate law of the state and must be adhered to even in the absence of legislative action. Other states have reached similar conclusions when their legislatures have failed to act, the AG’s opinion said.

As is often pointed out, the opinion of the attorney general does not carry the weight of law. It serves only as a guideline, though Gov. Tate Reeves has relied on the 2009 opinion even though it was written by the staff of Hood, who was Reeves’ opponent in the contentious 2019 gubernatorial campaign.

But if the unthinkable ever occurs and the Legislature goes too far into a new fiscal year without adopting a budget, it most likely will be the courts — moreso than an AG’s opinion — that ultimately determine if and how state government operates.

In 2009 Sam Cameron did not want to see what would happen if a budget was not adopted. It also is likely that current political leaders do not want to see the results of not having a budget passed before July 1 of this year.

This article first appeared on Mississippi Today and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

Continue Reading

Mississippi Today

1964: Mississippi Freedom Democratic Party was formed

Published

on

mississippitoday.org – @MSTODAYnews – 2025-04-26 07:00:00

April 26, 1964

Aaron Henry testifies before the Credentials Committee at the 1964 Democratic National Convention.

Civil rights activists started the Mississippi Freedom Democratic Party to challenge the state’s all-white regular delegation to the Democratic National Convention. 

The regulars had already adopted this resolution: “We oppose, condemn and deplore the Civil Rights Act of 1964 … We believe in separation of the races in all phases of our society. It is our belief that the separation of the races is necessary for the peace and tranquility of all the people of Mississippi, and the continuing good relationship which has existed over the years.” 

In reality, Black Mississippians had been victims of intimidation, harassment and violence for daring to try and vote as well as laws passed to disenfranchise them. As a result, by 1964, only 6% of Black Mississippians were permitted to vote. A year earlier, activists had run a mock election in which thousands of Black Mississippians showed they would vote if given an opportunity. 

In August 1964, the Freedom Party decided to challenge the all-white delegation, saying they had been illegally elected in a segregated process and had no intention of supporting President Lyndon B. Johnson in the November election. 

The prediction proved true, with white Mississippi Democrats overwhelmingly supporting Republican candidate Barry Goldwater, who opposed the Civil Rights Act. While the activists fell short of replacing the regulars, their courageous stand led to changes in both parties.

This article first appeared on Mississippi Today and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

Continue Reading

Mississippi Today

Mississippi River flooding Vicksburg, expected to crest on Monday

Published

on

mississippitoday.org – @alxrzr – 2025-04-25 16:04:00

Warren County Emergency Management Director John Elfer said Friday floodwaters from the Mississippi River, which have reached homes in and around Vicksburg, will likely persist until early May. Elfer estimated there areabout 15 to 20 roads underwater in the area.

A truck sits in high water after the owner parked, then boated to his residence on Chickasaw Road in Vicksburg as a rising Mississippi River causes backwater flooding, Friday, April 25, 2025.

“We’re about half a foot (on the river gauge) from a major flood,” he said. “But we don’t think it’s going to be like in 2011, so we can kind of manage this.”

The National Weather projects the river to crest at 49.5 feet on Monday, making it the highest peak at the Vicksburg gauge since 2020. Elfer said some residents in north Vicksburg — including at the Ford Subdivision as well as near Chickasaw Road and Hutson Street — are having to take boats to get home, adding that those who live on the unprotected side of the levee are generally prepared for flooding.

A rising Mississippi River causing backwater flooding near Chickasaw Road in Vicksburg, Friday, April 25, 2025.
Old tires aligned a backyard as a deterrent to rising water north of Vicksburg along U.S. 61, Friday, April 25, 2025.
As the Mississippi River rises, backwater flooding creeps towards a home located on Falk Steel Road in Vicksburg, Friday, April 25, 2025.

“There are a few (inundated homes), but we’ve mitigated a lot of them,” he said. “Some of the structures have been torn down or raised. There are a few people that still live on the wet side of the levee, but they kind of know what to expect. So we’re not too concerned with that.”

The river first reached flood stage in the city — 43 feet — on April 14. State officials closed Highway 465, which connects the Eagle Lake community just north of Vicksburg to Highway 61, last Friday.

Flood waters along Kings Point Road in Vicksburg, Friday, April 25, 2025.

Elfer said the areas impacted are mostly residential and he didn’t believe any businesses have been affected, emphasizing that downtown Vicksburg is still safe for visitors. He said Warren County has worked with the U.S. Army Corps of Engineers and the Mississippi Emergency Management Agency to secure pumps and barriers.

“Everybody thus far has been very cooperative,” he said. “We continue to tell people stay out of the flood areas, don’t drive around barricades and don’t drive around road close signs. Not only is it illegal, it’s dangerous.”

NWS projects the river to stay at flood stage in Vicksburg until May 6. The river reached its record crest of 57.1 feet in 2011.

The boat launch area is closed and shored up on Levee Street in Vicksburg as the Mississippi River rises, Friday, April 25, 2025.
The boat launch area (right) is closed and under water on Levee Street in Vicksburg as the Mississippi River rises, Friday, April 25, 2025.
City of Vicksburg workers shore up the bank along Levee Street as the Mississippi River rises, Friday, April 25, 2025.
The old pedestrian bridge spanning the Mississippi River in Vicksburg, Friday, April 25, 2025.

This article first appeared on Mississippi Today and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

Continue Reading

Trending