Mississippi Judge Dismisses Lawsuit Challenging Constitutionality of State Crime Bill Establishing Unelected Judges

The Mississippi State Capitol Building in Jackson, Miss., as seen on March 11, 2022. (Peter Forest/Getty Images for MoveOn & Emmett Till Legacy Foundation)

A Mississippi judge has dismissed a lawsuit challenging the constitutionality of legislation supporters say was written to combat crime while opponents call the bill a racist power grab in the state capital.

On Monday, Hinds County Chancery Judge Dewayne Thomas ruled that the process by which judges would be appointed written in the legislation doesn’t violate the state Constitution.

On April 21, Gov. Tate Reeves signed House Bill 1020—set to become law on July 1—which increases funding and expands the jurisdiction for the Capitol Police, and sets up a municipal court to hear cases in the Capitol Complex Improvement District, the 17.5 square mile area surrounding the Capitol building in Jackson, Mississippi.

The independent, state-controlled judicial system will rely on judges not elected but appointed by Mississippi Supreme Court Justice Michael Randolph.

The lawsuit was brought by three Jackson residents who testified on May 10, arguing that the creation of an unelected court system infringes upon their rights to elect judges.

The attorney for the plaintiffs asked Thomas to issue a preliminary injunction, which would prevent the bill from becoming law until all legal challenges have been resolved.

Thomas had already issued a restraining order halting the bill until a hearing could be held on the merits of the challenge.

The Clarion-Ledger reported Thomas’ statement in court in which he said he’s treating the case like it’s his most important to date.

“Please rest assured that I have gone through all of the material that you have submitted, prior to yesterday, at least 10 to 15 times, and I have read every case you’ve submitted that I thought was pertinent, every statute that’s important, plus our 1890 Constitution, I’ve gotten more familiar with it now than I ever have,” Thomas said.

Later in court, Thomas said any decision would leave one side unhappy and alluded to the Biblical story Solomon.

“I know that I cannot please everybody here today, and I cannot be as smart as Solomon and split the baby, because this baby cannot be split,” Thomas said. “It just can’t.”

Federal Case

Though Thomas denied the plaintiff’s request to grant an injunction on Monday, a federal judge on Friday temporarily blocked the appointments of the judges.

At the request of the NAACP, on May 12 U.S. District Judge Henry Wingate issued a temporary restraining order on the appointment process outlined in the bill and set a hearing on May 22 to consider extending the order.

“Thanks to an emergency motion we filed late last night, Chief Justice Randolph cannot begin any undemocratic court-packing in Jackson until NAACP v. Reeves moves forward,” the NAACP said Friday on Twitter. “We are prepared to fight for our freedom. See you in court on the 22^nd @GovReeves.”

The NAACP filed the federal lawsuit on April 21, just hours after Reeves signed the law, arguing that it violates the Equal Protection Claus of the 14th Amendment by targeting black residents with a “separate and unequal policing structure and criminal justice system to which no other residents of the State are subjected.”

“Under this new regime and unlike in any other jurisdiction in Mississippi, in certain areas of Jackson, a citizen can be arrested by a police department led by a State-appointed official, be charged by a State-appointed prosecutor, be tried before a State-appointed judge, and be sentenced to imprisonment in a State penitentiary regardless of the severity of the act,” the lawsuit states.

The lawsuit argues that the legislation is designed to take power from the city’s longstanding black leadership and singles out the black population.

‘Begging for Help’

In response to the lawsuit, Reeves tweeted that though the “Democrat politicians, and the ‘defund the police’ activists may be willing to stand by and do nothing. I am not.”

“Families in Jackson are begging for help restoring law and order to a city that desperately needs it,” Reeves said.

Reeves tweeted on Monday that most Mississippi residents want Jackson to be a thriving, safe community.

“Public safety and law and order are critical to that goal. All those who desire safe streets are working together—regardless of race, creed, or religion,” Reeves said. “Adding more Capitol Police, more prosecuting attorneys, more public defenders, and an inferior court will complement the efforts of the others.”