State of Mississippi Judiciary

Three justices of the Mississippi Supreme Court who will begin new terms in 2021 will take the oath of office on Monday, Jan. 4, at 11 a.m. in the En Banc Courtroom at the Gartin Justice Building in Jackson.

Chief Justice Mike Randolph, Presiding Justice Leslie D. King and Justice Josiah Dennis Coleman will begin new eight-year terms.

A book drive is underway in north Mississippi to make sure that every child who finds a forever home through adoption takes home a book on that memorable day, or soon afterwards.

This matter is before the Court on the Joint Petition of the Office of the Mississippi Attorney General and the Office of the State Public Defender to Invoke Mississippi Rule of Criminal Procedure 17.5 in Trial-Court Proceedings Statewide.

Retired Mississippi Court of Appeals Judge Eugene Love Fair Jr. of Hattiesburg died Wednesday, Dec. 2. He was 74. Funeral arrangements are incomplete. Hulett-Winstead Funeral Home in Hattiesburg is handling arrangements.

Before the Court is the Petition of the Mississippi Commission on Continuing Legal Education (“the Commission”) to Temporarily Remove the Limit on CLE Credit Earned Through Online Programs. Due to concerns related to the Coronavirus, the Commission asks the Court to

temporarily amend Rule 3 of the Rules and Regulations for Mandatory Continuing Legal Education to waive the in-person requirement for attorneys’ continuing legal education obligation for the 2020-2021 reporting year so that attorneys will be allowed to earn CLE credits in the method of their choosing, either online, webinars or live, in-person programs.

Circuit Judge Roger Clark of Gulfport retired Nov. 30 from the Second Circuit Court District of Hancock, Harrison and Stone counties.

Social services workers on Wednesday delivered Thanksgiving food boxes to 15 families who were recently reunited with their children in Hinds County Youth Court.

Chancellor Rhea Sheldon of Purvis recently was elected chair of the Conference of Chancery Court Judges. Chancellor Robert G. Clark III of Lexington was elected vice-chair, and Chancellor Larry Little of Oxford was re-elected secretary-treasurer.

The Mississippi Supreme Court appointed Clarence Webster III of Jackson to the Bar Complaint Tribunal and reappointed five members of the Tribunal.

Supreme Court Justice Dawn Beam was honored Oct. 28 as the recipient of the Mississippi Volunteer Lawyers Project’s Beacon of Justice Award.

Mississippi Supreme Court Chief Justice Mike Randolph has appointed Tylertown businessman Maxwell J. Luter to the Mississippi Ethics Commission.

The Mississippi Commission on Children’s Justice this week asked leaders in child welfare to rethink how the state’s system responds to allegations of child neglect rooted in poverty.

Gov. Tate Reeves on Wednesday, Oct. 14, appointed Hinds County Court Judge Carlyn M. Hicks to a term extending through Jan. 3, 2022.

Hope is more than a wish, and giving hope can make a difference in the lives of abused and neglected children and their families, says an Oklahoma psychologist who will meet with Mississippi officials next week.

The Mississippi Supreme Court and the Mississippi Bar on Tuesday, Oct. 13, honored the lives and service of 69 attorneys who died during the past year.

The Mississippi Supreme Court will host the Mississippi Bar’s annual Memorial Service as a virtual ceremony which will be livestreamed from the Supreme Court at 2 p.m. Tuesday, Oct. 13.

The Mississippi Supreme Court has reappointed three members of the Mississippi Board of Bar Admissions.

Jurors returned to courtrooms in Harrison and Hancock counties recently as the Second Circuit Court District resumed jury trials that had been postponed due to the pandemic.

Mississippi Supreme Court Chief Justice Mike Randolph on Sept. 24 appointed retired County Court and Youth Court Judge Michael McPhail of Hattiesburg to assist the Forrest County Court in handling the backlog of cases that have resulted from delays caused by COVID-19.

The Chancery Courts of Humphreys and Sunflower counties and the Yazoo County Youth Court im-plemented juvenile drug intervention courts in August.

Three jury trials were underway in Hinds Circuit Court on Tuesday, Sept. 15, as the courts began to settle into special arrangements for holding jury trials during the pandemic.

The Canton Multipurpose Center lived up to its name on Tuesday, Sept. 8, as it became the venue for the selection of a Madison County Circuit Court jury. The trial moved to the Circuit Courthouse on Wednesday, Sept. 9.

As the national and state emergencies created by Coronavirus (COVID-19) continue, the Supreme Court finds an additional Emergency Administrative Order is necessary to amend earlier Emergency Administrative Orders.

Emergency Administrative Order -14 reiterated that "[a]ll courts are urged to limit in-person, courtroom contact as much as possible by utilizing available technologies, including electronic filing, teleconferencing and videoconferencing."

The Mississippi Supreme Court on Friday, Sept. 4, issued an order allowing plea hearings in felony cases to be conducted by video conference to reduce the spread of COVID-19 in jails.

Hinds County Circuit Court summoned prospective jurors to The Westin hotel in downtown Jackson on Monday, Aug. 31, as the courts worked to resume jury trials during the pandemic.

Rankin Chancery Court and Justice Court recently moved into the new state-of-the-art Rankin County Courthouse at 201 North Street in Brandon.

The Mississippi Supreme Court has appointed three new members to the Bar Complaint Tribunal, and reappointed three members.

1. As the national and state emergencies created by Coronavirus (COVID-19) continue, in my capacity as chief administrative officer of all courts in the state, I find an additional Emergency Administrative Order is necessary.

2. Emergency Administrative Order -14 reiterated that "[a]ll courts are urged to limit in-person, courtroom contact as much as possible by utilizing available technologies, including electronic filing, teleconferencing and videoconferencing."

The Mississippi Supreme Court will reevaluate the possibility of allowing plea hearings in felony cases to be done by videoconference.

Mississippi Supreme Court Chief Justice Mike Randolph on Aug. 4 appointed four temporary special judges to assist the Hinds Circuit Court in handling the backlog of cases that have resulted from delays caused by COVID-19.

Mississippi Supreme Court Chief Justice Mike Randolph on Aug. 4 appointed retired Court of Appeals Judge Larry E. Roberts of Meridian to assist the 8th Circuit Court of Leake, Neshoba, Newton and Scott counties in handling the backlog of cases that have resulted from delays caused by COVID-19.

Mississippi Supreme Court Chief Justice Mike Randolph on July 31 appointed retired Circuit Judge Barry W. Ford of Madison to assist the 21st Circuit Court of Holmes, Humphreys and Yazoo counties in handling the backlog of cases that have resulted from delays caused by COVID-19.

Mississippi Supreme Court Chief Justice Mike Randolph on July 31 appointed retired County Court Judge John S. Price Jr. of Vicksburg to assist the Warren County Court in handling the backlog of cases that have resulted from delays caused by COVID-19.

Mississippi Supreme Court Chief Justice Mike Randolph on July 30 appointed retired Chancellor Jaye A. Bradley of Lucedale to assist chancellors in Jackson, George and Greene counties in handling the backlog of cases that have resulted from delays caused by COVID-19.

Mississippi Supreme Court Chief Justice Mike Randolph on July 30 appointed Jess H. Dickinson of Madison as a special judge to assist the Hinds County Court.

Mississippi Supreme Court Chief Justice Mike Randolph on Friday appointed four special judges at the request of the Hinds Chancery Court and Hinds County Court judges to assist in handling the backlog of cases that have resulted from delays caused by COVID-19.

The Mississippi Supreme Court has reappointed attorneys George S. Luter of Jackson, Richard W. Sliman of Gulfport and John Dickson Mayo of Oxford to the Commission on Mandatory Continuing Legal Education.

The power of our government originated with and is derived from the people. The rights guaranteed therein are "instituted solely for the good of the whole." See Miss. Const. art 3, § 5. Public safety was a concern of the drafters of our Constitution and remains a paramount concern today. As such, the Court continues to balance personal rights with the constitutional obligation to remain open and accessible. See Miss. Const. art 3, §§ 24-25.

In prior Emergency Administrative Orders, the Court has recognized that the national and state emergencies created by Coronavirus (COVID-19) require appropriate measures to protect the health and safety of the citizens of this State. We continue to monitor the COVID-19 pandemic and to enter Orders as changing circumstances dictate.

Mississippi Supreme Court Chief Justice Mike Randolph on Thursday ordered that masks be worn by everyone in all courtrooms in the state to protect against the spread of COVID-19.

The COVID-19 public health crisis has presented a multitude of challenges to the Courts of this State. As the emergency caused by COVID-19 continues, our courts have had to make adjustments while fulfilling their constitutional mandate to remain open (Miss. Const., art 3, §24), accessible (Miss. Const., art 3, §25), and to protect the rights of every citizen of our state. (Miss. Const., art 3, §§ 5, 26, 26A). The Supreme Court has entered a series of emergency administrative orders to address the disruptive effect of COVID-19 upon our courts. Despite the dangers and inconveniences presented by COVID-19, our courts remain open and continue to administer justice. At every jurisdictional level, our judges have admirably served the citizens throughout this crisis. Despite the COVID-19 crisis and subsequent disruptions caused, judges continue to conduct proceedings, including trials. Despite their best efforts, case management and docket control have suffered due to COVID-19.

Mississippi Judicial College Executive Director Randy G. Pierce is this year’s recipient of the Chief Justice Award.

The Mississippi Supreme Court has appointed Hinds County Chancellor Tiffany Grove of Raymond, law professor Shirley Kennedy of Ridgeland and attorney Lisa Koon of Iuka to the Access to Justice Commission.

Court proceedings were livestreamed to the public from Hinds Circuit Judge Faye Peterson’s courtroom via the court’s own website for the first time on July 15.

Newly appointed Hinds County Court Judge Carlyn M. Hicks took the oath of office on Tuesday, July 14.

Hinds County Court Judge Carlyn M. Hicks will take the oath of office at 11:30 a.m. Tuesday, July 14, in the En Banc Courtroom of the Mississippi Supreme Court, 450 High Street in Jackson.

Mississippi Supreme Court Chief Justice Mike Randolph has temporarily appointed Jackson attorney Carlyn M. Hicks as a special judge for the Hinds County Court. The appointment is to the vacancy created by the retirement of Judge Melvin V. Priester Sr., who retired from the Hinds County Court on June 3.

The Mississippi Access to Justice Commission recently released a series of videos designed to help people who want to represent themselves in civil court proceedings without the assistance of a lawyer.

The Mississippi Supreme Court appointed DeSoto County Court Judge H. Craig Treadway to the Bar Complaint Tribunal on July 1.

The Mississippi Access to Justice Commission and the Mississippi Bar have been honored by the American Bar Association for their efforts to provide free civil legal assistance to poor people.

Chancellor Franklin C. McKenzie Jr. of Laurel will retire June 30 from the 19th Chancery Court.

A middle school basketball court in Tishomingo County will become a temporary Circuit Court next week.

Judge Melvin V. Priester Sr. retired from the Hinds County Court bench on June 3.

The arena of the Batesville Civic Center in Panola County became a courtroom on Monday and Tuesday, June 1 and 2, as the first felony criminal jury trial was completed in the state since the COVID-19 pandemic arose.

Circuit Judge John A. Gregory of Okolona announced Friday that he will retire on June 30.

After 10 years of publishing the Better Chancery Practice Blog, Chancellor Larry Primeaux of Meridian will make his last post on June 15.

Chancellor Rhea Sheldon convened court for the first time Monday in a new courthouse in Poplarville.

In prior Emergency Administrative Orders, the Court has recognized that the national and state emergencies created by Coronavirus (COVID-19) require appropriate measures to protect the health and safety of the citizens of this State. The Court continues to monitor the COVID-19 pandemic and enter Orders as empirical data and changing circumstances dictate.

Before the Court is a letter motion filed by The Mississippi Board of Bar Admissions (Board) which recommends that the July 2020 Bar Examination "proceed[,]" subject to "enumerated conditions...." The Board's recommendation is based upon "a strong desire on the part of the applicants to proceed with the Bar Exam at the earliest date possible [,]"

Chancellor Charles Smith of Meridian is eager to return to the bench and hopes that doctors will clear him to resume his duties in a few weeks.

While COVID-19 has forced most families to spend time together at home, Youth Courts and Child Protection Services have worked to make sure that children in temporary foster care don't experience further separation as safety measures against the coronavirus curtail in person visits with their biological parents.

Mississippi State Veterans Affairs Board Executive Director Stacey E. Pickering has been appointed to the State Intervention Courts Advisory Committee.

The Court continues to monitor the COVID-19 pandemic and enters Orders as empirical data and changing circumstances dictate. Local judges and their staff, in conjunction with local bar associations and elected officials, remain in the best position to
balance the public-health risks in their communities related to COVID-19, while fulfilling their constitutional and statutory duty to keep our courts open.

Our first Emergency Administrative Order was entered on March 13, 2020. Since then, this Court has monitored and closely scrutinized the empirical data provided by the Mississippi State Department of Health ("MSDH") and has consulted with the State Health Officer, Dr. Thomas Dobbs, and State Epidemiologist, Dr. Paul Byers, regarding the impact of COVID-19 on the citizens of our State.

Before the Court is the Mississippi Commission on Continuing Legal Education's (the Commission) Petition to Temporarily Remove the Limit on CLE Credit Earned Through Online Programs. Due to concerns related to the Coronavirus, the Commission asks the Court to

temporarily amend Rule 3 of the Rules and Regulations for Mandatory Continuing Legal Education to waive the in-person requirement for attorneys' continuing legal education obligation for the 2019-2020 reporting year so that attorneys will be allowed to earn CLE credits in the method of their choosing either online, webinars or live, in-person programs.

The Supreme Court and the Chief Justice, in his capacity as chief administrative officer of all courts in the state, find that certain temporary amendments to the Rules and Regulations for Mandatory Continuing Judicial Education are required to hinder the spread of Coronavirus (COVID-19). The following temporary amendments are warranted:

(A) Regulation 3.9 shall be temporarily suspended. Judges may complete their 2019-2020 CJE requirements through the method of their choosing, either online, webinars or live, in-person programs, as approved by the Committee on Continuing Judicial Education.

(B) Rule 5 shall be temporarily amended to allow judges to report their compliance with the Rules and Regulations for Mandatory Continuing Judicial Education on or before September 30, 2020.

(C) Any judge who is unable to complete the temporarily amended requirements may seek a hardship exemption and/or extension from the Committee on Continuing Judicial Education.

The Access to Justice Commission and two Legal Services agencies announced this week that free legal aid providers are available to assist low income people with civil legal needs like family law, housing and consumer issues.

Rule 8.5(c) of the Mississippi Rules of Criminal Procedure provides:

(c) Review by Circuit Court. No later than seven (7) days before the commencement of each term of circuit court in which criminal cases are adjudicated, the official(s) having custody of felony defendants being held for trial, grand jury action, or extradition within the county ( or within the county's judicial districts in which the court term is to be held) shall provide the presiding judge, the district attorney, and the clerk of the circuit court the names of all defendants in their custody, the charge(s) upon which they are being held, and the date they were most recently taken into custody. The senior circuit judge, or such other judge as the senior circuit judge designates, shall review the conditions of release for every felony defendant who is eligible for bail and has been in jail for more than ninety (90) days.

Former Mississippi Supreme Court Chief Justice Lenore Loving Prather died Saturday, April 11, at her home in Columbus. She was 88.

The RFP is issued by the Supreme Court of Mississippi’s Administrative Office of Courts (AOC) to solicit sealed proposals from qualified vendors to establish a contract through competitive negotiations for the procurement of a statewide Intervention Courts Case Management System (ICCMS). It is anticipated that the contract resulting from this RFP will be for a period of one year (12 months) with the ability of the AOC to extend for up to two (2) additional years, contingent upon satisfactory vendor performance and continued funding. Vendor proposal receipt deadline of April 27, 2020 4:00 p.m. CST.

Seven members of the Supreme Court gathered in a large conference room on Thursday with two more participating via teleconference as the state’s highest court continued to deal with how to keep all courts open while protecting public health and safety.

In Emergency Administrative Order-4, relating to the COVID-19 virus, the Court addressed the "procedures available for conducting initial appearances and bail review hearings." The Court "temporarily suspended" Rule 1.8 of the Mississippi Rules of Criminal Procedure's requirement that "defense counsel be present at the location with the defendant during the proceedings." And in Emergency Administrative Order-5, this Court urged trial and appellate courts "to limit in-person, courthouse contact as much as possible by utilizing available technologies, including electronic filing, teleconferencing, and videoconferencing."

In prior Emergency Administrative Orders, the Court has recognized that the national and state emergencies created by Coronavirus (COVID-19) require appropriate measures to protect the health and safety of the citizens of this State. Those measures are constantly changing and the Court continues to modify its orders to hinder the spread of COVID-19.

Upon request by the Mississippi Court Reporters Association, the Supreme Court and the Chief Justice, in his capacity as chief administrative officer of all courts in the state, find that any actual or implied requirement that persons qualified to administer an oath in the State of Mississippi, must be in the presence of witnesses for purposes of administering an oath for depositions and other legal testimony be suspended, so long as the qualified person can both see and hear the witness via audio-video communications equipment for purposes of readily identifying the witness.

Consistent with the Court’s prior Emergency Administrative Orders entered in this matter, the Supreme Court and the Chief Justice, in his capacity as chief administrative officer of all courts in the state, reiterate that, pursuant to the Constitution of this State, all local and state courts – municipal, justice, county, chancery, circuit, and appellate courts – shall remain open to ensure the fulfillment of their constitutional and statutory duties. See, e.g., Miss. Const. Art. 3, § 24 (“All courts shall be open . . . and justice shall be administered without sale, denial, or delay”).

That said, in the prior Emergency Administrative Orders, the Court has recognized that the national and state emergencies created by Coronavirus (COVID-19) require appropriate measures to protect the health and safety of the citizens of this State. Those measures are constantly changing and the Court continues to modify its orders to hinder the spread of COVID-19.

Before the Court is a letter motion filed by the Office of the State Public Defender, "after conversing with public defenders and criminal justice advocates throughout the State." The motion prays that the Court consider "modification of the Emergency Administrative Order to facilitate and clarify procedures available for conducting initial appearances and bail review hearings." This request by the State Public Defender is made to "minimize the number of people who enter detention facilities." The motion specifically requests that the requirement in the Rule 1.8 of the Mississippi Rules of Criminal Procedure that "defense counsel be present at the location with the defendant during the proceedings" be temporarily suspended.

The Mississippi Supreme Court today issued an order that temporarily suspends the portion of Rule 1.8 of the Mississippi Rules of Criminal Procedure regarding the use of Interactive Audiovisual Devices in criminal proceedings. Rule 1.8(b)(3) requires defense counsel to be present at the same location with the defendant during preliminary proceedings. The Court entered this order to hinder the spread of COVID-19.

The Supreme Court and the Chief Justice, in his capacity as chief administrative officer of all courts in the state, find that consistent with the Constitution of this State, all local and state courts shall remain open. Section 24 of our State's Constitution could not be any clearer – "All courts shall be open...and justice shall be administered without sale, denial, or delay." Miss. Const. Art. 3, § 24.

However, due to the national and state emergencies caused by Coronavirus (COVID-19), certain steps and measures must be taken to protect the health and safety of the citizens of this State.

On March 15, 2020, the Center for Disease Control (CDC), addressing the national emergency declared by the President on March 13, 2020, issued its “Interim Guidance for Coronavirus Disease 2019 (COVID-19).” The CDC recommends the cancellation or postponement of all in-person events that consist of 50 people or more for the next eight weeks, as such events and mass gatherings can contribute to the spread of COVID-19. Their recommendation does not apply to day-to-day operations of organizations, such as schools and businesses.

The Supreme Court has previously found that certain emergency actions are required in light of the pandemic nature of this emergency and the rapidly changing circumstances. In my capacity as chief administrative officer of all courts in this state and consistent with the first Emergency Administrative Order, I find that the following modifications and/or amendments are required.

On March 13, 2020, the President of the United States declared a national emergency due to the outbreak of Coronavirus (COVID-19). The Supreme Court and the Chief Justice, in his capacity as chief administrative officer of all courts in the state, find that certain emergency actions as set forth hereinafter are required. Additionally, due to the pandemic nature of this emergency and the rapidly changing circumstances, the Court will continue to monitor this situation and may enter additional orders as necessary.

The University of Mississippi School of Law Trial Advocacy Board has created an award to honor the integrity, commitment and advocacy of the late Circuit Judge Henry Lackey of Calhoun City.

Supreme Court Chief Justice Mike Randolph will be the guest speaker on March 12 at 11 a.m. at a graduation of the 19th Circuit Drug Court in Pascagoula. The ceremony will be held on the second floor of the Jackson County Courthouse at 3104 Magnolia Street.

Supreme Court Chief Justice Mike Randolph will speak to the Biloxi Businessmen's Club on Feb. 27 at noon at Mary Mahoney's Restaurant in Biloxi. Chief Justice Randolph is expected to talk about the role of drug courts and the judiciary' s budget request for the next fiscal year.

Chief Justice Mike Randolph has appointed Circuit Judge Smith Murphey V of Batesville as an alternate member of the Commission on Judicial Performance.

About 160 high school students from Jackson and Puckett are expected to attend a special session of the Mississippi Court of Appeals on Feb. 19 at 10:30 a.m. at the Old Capitol Museum in Jackson.

The Mississippi Court of Appeals will convene on the campus of Mississippi Valley State University in Itta Bena at 1 p.m. Feb. 13. A three-judge panel will hear oral arguments in a criminal appeal at the W.A. Butts Social Science Building Auditorium.

Supreme Court Chief Justice Mike Randolph will appear before the Senate Appropriations Subcommittee Feb. 4 at 10:30 a.m. in Room 408 of the Capitol.

Supreme Court Chief Justice Mike Randolph will speak to the Magee Lions Club on Feb. 3 at noon at Berry’s Seafood Restaurant in Magee.

Mississippi Supreme Court Chief Justice Mike Randolph on Monday issued a plea for civility and non-violence and addressed this country’s historical reliance on Providence.

Supreme Court Chief Justice Mike Randolph will be the keynote speaker at the Dr. Martin Luther King Jr. Ecumenical and Interracial Prayer Breakfast Jan. 20 at 7 a.m. in Hattiesburg. The prayer breakfast will be held at the Thad Cochran Center on the campus of the University of Southern Mississippi.

Retired Hinds County Court Judge Houston Patton died on Jan. 12 at St. Dominic Hospital. He was 84.

Supreme Court Chief Justice Mike Randolph said Friday that the Mississippi Judiciary needs a $4 million budget increase to implement new intervention courts to help veterans and people with mental illnesses, and to increase judges’ salaries for their additional duties.

State Librarian Stephen Parks of Jackson was elected to his second term Jan. 9 during a joint session of the Mississippi House of Representatives and the Mississippi Senate.

Justice David M. Ishee of Gulfport took the oath of office Jan. 6 to begin a new term on the Mississippi Supreme Court.

Supreme Court Chief Justice Mike Randolph will speak to the Gulf Coast Business Council on Jan. 10 at 8 a.m. in the Regions Ballroom at the Knight Nonprofit Center in Gulfport.