Here's the latest on House Bill 1020 with state Supreme Court hearing to come this week

As a number of new state laws took effect in Mississippi with the start of the new fiscal year Saturday, one of the most discussed and argued over pieces of legislation remains blocked.

House Bill 1020, the controversial plan to implement state control over certain areas of the legal system in Jackson and Hinds County, remains locked in multiple court battles, with a case before the Mississippi Supreme Court scheduled for this week.

Multiple aspects of the bill and an accompanying bill remain blocked by order of a federal judge, including the appointment of judges and the requirement that events in much of downtown Jackson get state approval.

Here's what you need to know on ongoing court challenges to HB 1020 and Senate Bill 2343:

Attorney Cliff Johnson, Director of the Roderick and Solange MacArthur Justice Center, speaks during a hearing on Wednesday, May 10, in Hinds County Chancery Court in Jackson, where a judge heard arguments about a Mississippi law that would create a court system with judges who would be appointed rather than elected.
Attorney Cliff Johnson, Director of the Roderick and Solange MacArthur Justice Center, speaks during a hearing on Wednesday, May 10, in Hinds County Chancery Court in Jackson, where a judge heard arguments about a Mississippi law that would create a court system with judges who would be appointed rather than elected.

What is the status of the court cases?

There are currently two main challenges against HB 1020 and SB 2343.

In a challenge based on state courts, a Hinds County Chancery Court judge ruled in May that HB 1020 could take effect, seemingly allowing for the appointment of the temporary judges, the creation of the new Capitol Complex Improvement District court and the expansion of that CCID area. Plaintiffs in that case appealed the decision to the state supreme court, which is expected to hear that appeal this week.

In a separate case, based in federal courts, there have been multiple hearings with oral arguments before U.S. District Judge Henry Wingate. Most recently, on Thursday, Wingate extended the order blocking the state's event permitting requirement from taking effect. Wingate has yet to rule on plaintiff's request for a more permanent preliminary injunction, which would block the laws from taking effect until the legal disputes have been settled.

U.S. District Judge Henry Wingate, shown in this Aug. 19, 2022 photograph taken in Jackson, Miss.
U.S. District Judge Henry Wingate, shown in this Aug. 19, 2022 photograph taken in Jackson, Miss.

When is the next hearing in each case?

The Mississippi Supreme Court will hear arguments on the case at 10:30 a.m. Thursday, in the En Banc Courtroom at the Gartin Justice Building in Jackson.

The next oral arguments in the federal case have yet to be announced.

Will there be a recusal?

Mississippi Supreme Court Chief Justice Michael Randolph exits the Thad Cochran United States Courthouse in Jackson on Wednesday, June 14, after oral arguments were heard concerning House Bill 1020. The bill would create a Mississippi law that would establish a court system with judges who would be appointed rather than elected.
Mississippi Supreme Court Chief Justice Michael Randolph exits the Thad Cochran United States Courthouse in Jackson on Wednesday, June 14, after oral arguments were heard concerning House Bill 1020. The bill would create a Mississippi law that would establish a court system with judges who would be appointed rather than elected.

The plaintiffs have filed multiple motions requesting that Chief Justice Michael Randolph recuse himself from Thursday's proceedings.

Randolph was initially listed as a defendant in both the state and federal cases, though he has since been removed from both. Nonetheless, the plaintiffs argue in court documents that Randolph should recuse due to the fact that he is the state official that would appoint the judges under HB 1020.

Furthermore, in a later supplement filed to the state supreme court, the plaintiffs mention that Randolph directly addressed Wingate in the federal case, a sign that they say points to his entanglement in it. Randolph, who was seeking his removal as a named party, also spoke on the success of previous judges he has appointed.

As of Friday afternoon, Randolph had not announced whether he would recuse himself from the case. During the June appearance before Wingate, the chief justice said his staff was working on its response.

What are the two sides arguing in the state case?

Attorneys Gerald Kucia, left, and Rex Shannon, both with the Mississippi Attorney General's Office, exit the Thad Cochran United States Courthouse in Jackson on Monday, May 22, following a day in federal court where a judge heard arguments about a Mississippi law that would create a court system with judges who would be appointed rather than elected.

Lawyers from the office of the attorney general, which is tasked with defending state laws against any legal challenges, have argued in both state and federal courts that the bills should not be delayed from becoming law because they are intended to reduce crime in the capital city, and thus delaying them could cause harm. Furthermore, the state's attorneys have argued that the plaintiffs show no likelihood of success on the merits. In other words, they argue that the individuals challenging the laws cannot show that they have a good chance of ultimate success.

On the other side, the plaintiffs, who in the state case are Jackson residents, argue that the Mississippi constitution stipulates that circuit court judges "shall be elected" by residents of the county, and that depriving them of the ability to elect the judges that represent them violates that part of the constitution. Furthermore, the plaintiffs have argued that the law represents discrimination against Hinds County residents when compared to residents of other counties, who do elect all of their circuit court judges.

This article originally appeared on Mississippi Clarion Ledger: Mississippi Supreme Court to hear HB 1020 challenge in Jackson MS