Mississippi Today
Second lawsuit, this time in state court, questions constitutionality of House Bill 1020
Second lawsuit, this time in state court, questions constitutionality of House Bill 1020
A second lawsuit has been filed challenging the legality of controversial House Bill 1020, which creates a separate law enforcement and judicial district in parts of Jackson controlled by white state officials instead of leaders elected by citizens of the majority-Black city.
The lawsuit filed Monday alleges HB 1020 violates the Mississippi Constitution. On Friday, just hours after Gov. Tate Reeves signed the legislation into law, a separate federal lawsuit was filed saying the bill violated the U.S. Constitution.
The lawsuit filed Monday claims the state constitution mandates that circuit judges, such as those provided for in the bill, should be elected rather than appointed.
The new law gives Chief Justice Michael Randolph the authority to appoint four judges to hear criminal felony cases in an existing Capitol Complex Improvement District that will be expanded to cover more of the whiter and wealthier areas of Jackson.
“We have elected our circuit court judges in Mississippi for more than 100 years. The Mississippi Constitution expressly requires us to do so,” reads the lawsuit.
The lawsuit was filed on behalf of three Jackson citizens by the Mississippi Center for Justice, the ALCU of Mississippi, the MacArthur Justice Center and Legal Defense Fund in Hinds County Chancery Court.
READ MORE: Mississippi’s racial divides were on full display as HB 1020 got its final debate and passing vote
The lawsuit says that the fact that the judges will be appointed for a temporary period of time (until the end of 2026) does not mitigate the fact that HB 1020 is unconstitutional. It goes on to argue the law is unconstitutional because judges previously appointed by Randolph are currently hearing cases in Jackson.
“Under H.B. 1020’s court-packing scheme, the power of the four duly elected judges on that Court will be diluted,” the lawsuit reads. “Only half of the judges will be elected by Hinds County voters as required by the constitution, and citizens of Hinds County will be just as likely to go before a circuit judge who is not elected — and who may have no connection to the county or its residents — as one who is.”
HB 1020 also creates a separate court to hear misdemeanor cases and preliminary hearings in criminal cases. The state lawsuit claims that court is unconstitutional because judges for such courts are typically appointed by elected municipal officials or elected instead of being appointed by the chief justice.
The issue was combustible during the recently completed 2023 legislative session because Jackson has an African American population of more than 80%, making it the Blackest large city in the nation. The bill received national and international scrutiny.
The lawsuit filed last week in federal court challenges the constitutionality of HB 1020, in part because it does not allow the Black majority citizens the opportunity to vote on the judges.
There is no other jurisdiction in the state like the one established in HB 1020, the lawsuit said.
Supporters of the legislation said the bill was an attempt to help the city of Jackson with a spiraling crime problem.
In signing the legislation Friday afternoon, Reeves said, “The fact is that Jackson has so much potential. It is our capital city and the heart of our state…But Jackson has to be better. Downtown Jackson should be so safe that it is a magnet for talented young people to come and live and work and create.
“This legislation won’t solve the entire problem, but if we can stop one shooting, if we can respond to one more 911 call – then we’re one step closer to a better Jackson. I refuse to accept the status quo. As long as I’m governor, the state will keep fighting for safer streets for every Mississippian no matter their politics, race, creed, or religion – regardless of how we’re portrayed by liberal activists or in the national media.”
READ MORE: NAACP files lawsuit arguing House Bill 1020 violates US Constitution
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1911
Dec. 21, 1911
Josh Gibson, the Negro League’s “Home Run King,” was born in Buena Vista, Georgia.
When the family’s farm suffered, they moved to Pittsburgh, and Gibson tried baseball at age 16. He eventually played for a semi-pro team in Pittsburgh and became known for his towering home runs.
He was watching the Homestead Grays play on July 25, 1930, when the catcher injured his hand. Team members called for Gibson, sitting in the stands, to join them. He was such a talented catcher that base runners were more reluctant to steal. He hit the baseball so hard and so far (580 feet once at Yankee Stadium) that he became the second-highest paid player in the Negro Leagues behind Satchel Paige, with both of them entering the National Baseball Hame of Fame.
The Hall estimated that Gibson hit nearly 800 homers in his 17-year career and had a lifetime batting average of .359. Gibson was portrayed in the 1996 TV movie, “Soul of the Game,” by Mykelti Williamson. Blair Underwood played Jackie Robinson, Delroy Lindo portrayed Satchel Paige, and Harvey Williams played “Cat” Mays, the father of the legendary Willie Mays.
Gibson has now been honored with a statue outside the Washington Nationals’ ballpark.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1958
Dec. 20, 1958
Bruce Boynton was heading home on a Trailways bus when he arrived in Richmond, Virginia, at about 8 p.m. The 21-year-old student at Howard University School of Law — whose parents, Amelia Boynton Robinson and Sam Boynton, were at the forefront of the push for equal voting rights in Selma — headed for the restaurant inside the bus terminal.
The “Black” section looked “very unsanitary,” with water on the floor. The “white” section looked “clinically clean,” so he sat down and asked a waitress for a cheeseburger and a tea. She asked him to move to the “Black” section. An assistant manager followed, poking his finger in his face and hurling a racial epithet. Then an officer handcuffed him, arresting him for trespassing.
Boynton spent the night in jail and was fined $10, but the law student wouldn’t let it go. Knowing the law, he appealed, saying the “white” section in the bus terminal’s restaurant violated the Interstate Commerce Act. Two years later, the U.S. Supreme Court agreed. “Interstate passengers have to eat, and they have a right to expect that this essential transportation food service,” Justice Hugo Black wrote, “would be rendered without discrimination prohibited by the Interstate Commerce Act.”
A year later, dozens of Freedom Riders rode on buses through the South, testing the law. In 1965, Boynton’s mother was beaten unconscious on the day known as “Bloody Sunday,” where law enforcement officials beat those marching across the Selma bridge in Alabama. The photograph of Bruce Boynton holding his mother after her beating went around the world, inspiring changes in voting rights laws.
He worked the rest of his life as a civil rights attorney and died in 2020.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
‘Something to be proud of’: Dual-credit students in Mississippi go to college at nation’s highest rate
Mississippi high school students who take dual-credit courses go to college at the nation’s highest rate, according to a recent report.
It’s generally true that students who take college classes while in high school attend college at higher rates than their peers. Earlier this year, a study from the Community College Research Center at Teacher’s College, Columbia University found that nationally, 81% of dual-credit students go to college.
In Mississippi, that number shoots up to 93%, meaning the vast majority of the state’s high school students who take college classes enroll in a two- or four-year university.
“When we did this ranking, boom, right to the top it went,” said John Fink, a senior research associate and program lead at the research center who co-authored the study.
State officials say there’s likely no silver bullet for the high rate at which Mississippi’s dual-credit students enroll in college. Here, “dual credit” means a course that students can take for both high school and college credit. It’s different from “dual enrollment,” which refers to a high school student who is also enrolled at a community college.
In the last 10 years, participation in these programs has virtually exploded among Mississippi high school students. In 2014, about 5,900 students took dual-credit courses in Mississippi, according to the Mississippi Community College Board.
Now, it’s more than 18,000.
“It reduces time to completion on the post-secondary level,” said Kell Smith, Mississippi C0mmunity College Board’s executive director. “It potentially reduces debt because students are taking classes at the community college while they’re still in high school, and it also just exposes high school students to what post-secondary course work is like.”
“It’s something to be proud of,” he added.
There are numerous reasons why Mississippi’s dual-credit courses have been attracting more and more students and helping them enroll in college at the nation’s highest rate, officials say.
With a few college credits under their belt, students may be more inspired to go for a college degree since it’s closer in reach. Dual-credit courses can also build confidence in students who were on the fence about college without requiring them to take a high-stakes test in the spring. And the Mississippi Department of Education’s accountability model ensures that school districts are offering advanced courses like dual credit.
Plus, Mississippi’s 15 community colleges reach more corners of the state, meaning districts that may not be able to offer Advanced Placement courses can likely partner with a nearby community college.
“They’re sometimes like the only provider in many communities, and they’re oftentimes the most affordable providers,” Fink said.
Test score requirements can pose a barrier to students who want to take dual-credit courses, but that may be less of a factor in Mississippi. While the state requires students to score a 19 on ACT Math to take certain courses, which is above the state average, a 17 on the ACT Reading, below the state average of 17.9, is enough for other courses.
Transportation is another barrier that many high schools have eliminated by offering dual-credit courses on their campuses, making it so students don’t have to commute to the community colleges to take classes.
“They can leave one classroom, go next door, and they’re sitting in a college class,” said Wendy Clemons, the Mississippi Department of Education’s associate state superintendent for secondary education.
This also means high school counselors can work directly with dual-credit students to encourage them to pursue some form of college.
“It is much less difficult to graduate and not go to college when you already possess 12 hours of credit,” Clemons said.
Word-of-mouth is just as key.
“First of all, I think parents and community members know more about it,” Clemons said, “They have almost come to expect it, in a way.”
This all translates to benefits to students. Students who take dual-credit courses are more likely to finish college on time. They can save on student debt.
But not all Mississippi students are benefiting equally, Fink said. Thr research center’s report found that Black students in Mississippi and across the country were less likely to pursue dual-credit opportunities.
“The challenge like we see in essentially every state is that who’s in dual enrollment is not really reflective of who’s in high school,” Fink said.
Without more study, it’s hard to say specifically why this disparity exists in Mississippi, but Fink said research has generally shown it stems from elitist beliefs about who qualifies for dual-credit courses. Test score requirements can be another factor, along with underresourced school districts.
“The conventional thinking is (that) dual enrollment is just … another gifted-and-talented program?” Fink said. “It has all this baggage that is racialized … versus, are we thinking about these as opportunities for any high school student?”
Another factor may be the cost of dual-credit courses, which is not uniform throughout the state. Depending on where they live, some students may pay more for dual-credit courses depending on the agreements their school districts have struck with local community colleges and universities.
This isn’t just an equity issue for students — it affects the institutions, too.
“You know, we’ve seen that dual-credit at the community college level can be a double-edged sword,” Smith said. “We lose students who oftentimes … want to stay as long as they can, but there are only so many hours they can take at a community college.
Dual-credit courses, which are often offered at a free or reduced price, can also result in less revenue to the college.
“Dual credit does come at a financial price for some community colleges, because of the deeply discounted rates that they offer it,” Smith said. “The more students that you have taking dual-credit courses, the more the colleges can lose.”
State officials are also working to turn the double-edged sword into a win-win for students and institutions.
One promising direction is career-technical education. Right now, the vast majority of dual credit students enroll in academic courses, such as general education classes like Composition 1 or 2 that they will need for any kind of college degree.
“CTE is far more expensive to teach,” Clemons said.
Smith hopes that state officials can work to offer more dual-credit career-technical classes.
“If a student knows they want to enroll in career-tech in one of our community colleges, let’s load them up,” Smith said. “Those students are more likely to enter the workforce quicker. If you want to take the career-tech path, that’s your ultimate goal.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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