Judge again rejects motion to block the creation of a state-run Court in Jackson. See why

Pam Dankins, Mississippi Clarion Ledger
·2 min read
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A federal judge released an order Wednesday after determining his previous ruling stands to allow Mississippi officials to move forward with creating a state-run court in part of the majority-Black capital city of Jackson.

The Capitol Complex Improvement District Court will have a judge appointed by the state supreme court chief justice and prosecutors appointed by the state attorney general.

During a Wednesday status conference, U.S. District Judge Henry Wingate and each party shared their views of the U.S. 5th Circuit Court of Appeals directive for a “final appealable order.”

gov.uscourts.mssd.118459.140.0 by USA TODAY Network on Scribd

The deliberation was about the Fifth Court granting a temporary administrative stay Monday, halting Mississippi officials from creating the CCID Court until Friday, at the latest. The court and parties concluded that directive came before Wingate had the opportunity to file an order.

The Wednesday order states that after conferring with each party, the court agreed that the court’s Dec. 31 decision to dismiss the NACCP's requests to block the new court is a “final appealable order.”

U.S. District Judge Henry Wingate
U.S. District Judge Henry Wingate

"This court, hearing no new argument from the Plaintiffs, again denied the Plaintiffs’ request for an injunction," the order reads.

Court hears oral arguments Dec. 19: U.S. judge to rule on appointed court in Jackson by end of year

The court order states it was in "lockstep with the State Defendants’ argument" finding the Plaintiffs' motion must be denied for four reasons:

  1. This court has found that Plaintiffs have no standing to seek this injunctive relief;

  2. This court already has denied the plaintiffs’ request for a preliminary injunction concerning referenced appointments and granting this “renewed” motion would award plaintiffs that same injunctive relief;

  3. The court has already denied the plaintiffs’ original motion for an injunction pending appeal; and

  4. Plaintiffs have not made a requisite showing for injunctive relief.

The court also addressed the plaintiffs’ “renewed” motion for a preliminary injunction pending appeal, which asked the judge to issue an injunction to prevent Chief Justice Mike Randolph and Attorney General Lynn Fitch from making appointments to the court. Those requests were denied as well.

This article originally appeared on Mississippi Clarion Ledger: US Judge Henry Wingate allows state appointment in CCID Court Jackson MS