Latest version of House Bill 1020 keeps unelected court system within Jackson, MS

A conference committee tasked with reaching a compromise on the controversial Jackson Capitol Complex Improvement District courts bill, House Bill 1020, released its new version late Monday night.

The conference report combines a number of aspects of the House and Senate versions of the bills and includes the creation of a new permanent unelected court system within Mississippi's majority Black capital city, a key and contentious part of the original House version.

It would also allow for four temporary appointed judges within the existing Hinds County court system and expand the jurisdiction of the state-run Capitol Police force to include the entire city of Jackson, as was proposed in the Senate version.

Explosive quotes:See some of the most explosive quotes from the House debate on unelected Jackson courts

It would provide for three new assistant public defenders within the county, along with two new assistant district attorneys. That would come in addition to the two prosecuting attorneys for the newly created CCID court, appointed by the attorney general. The CCID court's single judge would be appointed by the chief justice of the Mississippi Supreme Court.

The conference report also came with changes to the operations of Capitol Police. In previous versions, attempts had been made to initiate a Memorandum of Understanding between Capitol Police and the Jackson Police Department, as their jurisdictions would be concurrent. In the version that ultimately passed the Senate, the signing of that MOU was made optional, and the Hinds County Sheriff was included. The conference report makes no mention of an MOU.

One new aspect included in the conference report would require the chief of Capitol Police — or commissioner of the Department of Public Safety which oversees Capitol Police — the JPD chief and the Hinds County Sheriff to hold quarterly public meetings at a location within the CCID where the public can ask questions of them.

The conference report also includes a requirement for Capitol Police officers to wear body cameras. This was added as an early amendment on the House floor and remains in the new version of the bill.

The six-member conference committee had just two members who represent people from Jackson: Rep. Earle Banks, D-Jackson, and Sen. Walter Michel, R-Ridgeland. It also included the bill's primary authors. Rep. Trey Lamar, R-Senatobia, crafted the House version, while Sen. Brice Wiggins, R-Pascagoula, did so in the Senate. All six conferees signed onto the report.

Both the House and Senate versions of the bill prompted significant criticism from members of the Jackson delegation and local elected officials. One of the key criticisms was that creating an appointed court system to represent a majority-white area of a majority-Black city would dilute the voting power of Black Jacksonians. Jackson Mayor Chokwe Antar Lumumba has said it "reminds me of Apartheid."

Supporters of the bill, which include all Republican lawmakers, say it is intended to help make Jackson and Hinds County safer by reducing backlogs and providing more policing. The Hinds County court has experienced backlogs, though some have been attributed to funding at the state crime lab rather than the number of judges.

The latest version of the bill now requires approval by both chambers before it can head to the desk of Gov. Tate Reeves. That said, Michel indicated Tuesday morning that the version released the night before may not be the final version that the chambers vote on. By Tuesday afternoon, the House had already voted to send it back to conference and the Senate was expected to discuss it as well.

"I just spoke to Sen. Wiggins, he's going to recommit it for some more work. We've caught some things in it," Michel said. "It very well could come back out of conference and still hit us tonight for a vote."

While Michel indicated that changes would likely be technical corrections, Democratic members of the Jackson Senate delegation hope they will go further. Despite voting and speaking strongly against the Senate version of HB 1020 earlier in session, Sens. John Horhn and David Blount, both Jackson Democrats, said it was a far better bill than what is now on the table.

"I was disappointed that it resurrected a separate court system. That was not in the Senate version," Blount said.

Horhn said the bill has problems that go beyond his disagreements with its intent.

"We thought we had a good bill when it left the Senate, but then it got a lot more convoluted. In its present form it's a bad bill and it needs to be killed. A lot of the measures that are called for in the bill are not needed," Horhn said. "An inferior court structure, it's a solution in search of a problem."

When the Senate joined the House in recommitting the bill to conference, Wiggins reiterated that changes would be technical, including correcting spelling mistakes. That said, he also indicated changes could be made to jurisdictions of Capitol Police and JPD.

"The changes, as I have referenced to somebody, is we are trying to finalize the language to address the Capitol Police and JPD language that's already in the report. It just needs some tweaking to get that done," Wiggins said.

Blount asked Wiggins to share the time and location that the conference committee would meet and questioned whether that meeting could be open to the public. Wiggins responded that, as a House bill, those decisions will be up to the House. Previous meetings of the conference committee were not advertised or open to the public.

If a new version of HB 1020 does pass the House and Senate by the end of the week, and if Reeves signs it, it is likely to face opposition in court. Lawmakers seemed to anticipate legal challenges by adding a section to the conference report about constitutionality.

"If any section, paragraph, sentence, clause, phrase or any part of this act is declared to be unconstitutional or void, or if for any reason is declared to be invalid or of no effect, the remaining sections, paragraphs, sentences, clauses, phrases or parts of this act shall be in no manner affected thereby but shall remain in full force and effect," the conference report reads.

Lawmakers have until the end of the week to pass legislation before the 2023 session ends.

This article originally appeared on Mississippi Clarion Ledger: Mississippi legislature posts latest version of House Bill 1020