House Bill 1020 ruling appealed to Mississippi Supreme Court as federal hearing looms

Wicker Perlis, Mississippi Clarion Ledger
·2 min read
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The plaintiffs challenging a contentious Jackson courts and police bill in court have appealed a Hinds County chancellor's decision on House Bill 1020 to the Mississippi Supreme Court.

Judge Dewayne Thomas ruled against the plaintiffs Monday, but their attorneys soon issued a statement saying an appeal would be filed Tuesday, and it was.

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"By this notice, Plaintiffs appeal to the Supreme Court of Mississippi against Defendants from the final judgment entered in this case on May 15, 2023," reads the notice of appeal, filed Tuesday by attorneys for the MacArthur Justice Center, Mississippi Center for Justice, ACLU of Mississippi and NAACP Legal Defense and Educational Fund.

The notice also said the Plaintiffs are appealing an earlier decision by Thomas to remove Supreme Court Chief Justice Michael K. Randolph and Hinds County Circuit Clerk Zack Wallace as named parties in the lawsuit.

In his decision Monday, Thomas noted the criticism of the bill and said his decision was "immediately ripe for appellate review."

Attorney Paloma Wu, with the Mississippi Center For Justice, center, questions plaintiff Ann Saunders, right, during a hearing, Wednesday, May 10, 2023, in Hinds County Chancery Court in Jackson, Miss., where a judge heard arguments about a Mississippi law that would create a court system with judges who would be appointed rather than elected. Co-counsel attorney Cliff Johnson, of the MacArthur Justice Center, is seated to the left.

The Plaintiffs, three Jackson residents, were seeking a preliminary injunction that would prevent HB 1020 from becoming law until full legal proceedings can take place in their challenge to the bill's constitutionality. Thomas denied them that injunction. The bill is intended to become law on July 1, with the start of the new fiscal year.

However, a federal restraining order remains in effect, issued by Southern District of Mississippi Judge Henry Wingate in a separate case filed by the NAACP in federal court. The Plaintiffs in that case are also seeking a preliminary injunction, with a hearing scheduled for May 22. The restraining order prevents state officials, like Randolph, from working on judicial appointments, at least until a decision on the request for an injunction.

If the bill does become law, it would add temporary state-appointed judges to the Hinds County court system, create a new state-appointed court system within the Capitol Complex Improvement District, increase the size of that district and expand the jurisdiction of the state-run Capitol Police force.

This article originally appeared on Mississippi Clarion Ledger: Will the Jackson courts and police bill become law amid court battle?