Judge Green (joined by Circuit Judge Gowan, Chancellor Wise, and County Court Judge Priester) has entered an order in a dispute with the new Hinds County sheriff over staffing of bailiffs in her court.
Kingfish has the whole story and the order over on his site.
Her order notes that there was a 1996 order, never appealed, that bailiffs were confidential court employees, that they were to be hired and fired by the sheriff but with the approval of the judges, and that they were to be paid equitably.
The new sheriff was moving staff around and making changes, as newly elected folks often do, and Judge Green’s order says, essentially, “STOP THAT.” The order is not in any particular case and doesn’t involve anyone as a party. As far as I can tell, nothing remotely like a hearing ever took place– there seems to have been even less due process than was provided in the pardons case.
But here’s the part that prompted my question in the subject line.
THEREFORE, the Special Orders of the Sheriff [making changes in the bailiffs] shall be and are hereby declared null and void, non-binding and of no effect.
THEREFORE, any party attempting to violate this order shall immediately SHOW CAUSE to the Circuit Court of HInds County, Mississippi why said party should not be held in contempt.
Party? Party to what? The order starts with no caption– after stating that its in Hinds County, First Judicial District, there’s just the phrase “ORDER AND OPINION. “ Obviously, the sheriff could be someone “violating this order”– and I guess he should stroll over to Judge Green’s courtroom and tell her. Immediately. Is there anyone else that might be subject to this fiat?
Am I missing something and this isn’t really that strange at all?
Green is the chief judge, right? So she can, I imagine, issue administrative orders of some sort or other.
That said, this seems not only beyond that scope, but wrong on the merits, according to the AG ops cited by Kingfish.
(Then again, I’ve seen plenty of AG ops not worth their weight in paper.)
Anyway, Judge Green remains a sterling example of the need for higher judicial salaries … so we can make it worthwhile for a good lawyer to run against her. Why the Jackson defense firms haven’t pooled together to do just that remains mysterious to me.
Parties? Who needs parties and all those legal technicalities? This is just Empress Regnant Green being Empress Regnant Green. Mississippi is so doomed.
Anderson, its the show cause part that shot past “beyond the scope” into “WTF??” to me, and that’s what I was asking about.
She apparently thinks the inherent powers of the court extend to the bailiffs. It is an oddly conditional show-cause order, so that Lewis has the option of backing down and not having to appear.
… OT, one month since pardons hearing.
According to AG’s opinions: it is the duty and power of the sheriff to appoint bailiffs, subject to the power of the board of supervisors should he fail in this duty, and subject to the power of the court to appoint riding bailiffs and to remove bailiffs for cause.
19-25-31 provides: Each judge of a circuit, chancery or county court, or a court of eminent domain may, in the judge’s discretion, by order entered on the minutes of the court, allow the sheriff riding bailiffs to serve in the respective court of such judge, not to exceed four (4) bailiffs. Any such person so employed shall be paid by the county on allowances of the court on issuance of a warrant therefor in an amount equal to the per diem compensation provided for under Section 25-3-69 for each day, or part thereof, for which he serves as bailiff when the court is in session. No full-time deputy sheriff shall be paid as a riding bailiff of any court. County court judges shall be limited to one (1) bailiff per each court day.
While it is not clear I believe a “riding bailiff” is one that travels from county to county in the judicial district in which the Judge is elected to serve.
The counter-part to the plaintiffs bar is not the defense bar. It is the business community.
Due process? As Eric Holder might say, ‘due process is in the eye of the beholder.’
Judge Green may well issue an order requiring NMC to disclose identities of all posters being critical of her. Then, she may order Comcast, AT&T and others internet providers to provide IP address information and then order those posters to show cause why their comments are not slanderous (forget that truth is an absolute defense). No order this judge issues shocks me.
You dare question the Powerful Know It All of that Magical Jurisdiction. Regarding slander the truth rarely is. Let the Munchkins play! Shhhh, I do recall hearing of a musical chair bailiff in Judge Gowen’s court. Jester?
NMC, the reason no parties are listed is because all citizens of the state of Mississippi are bound by the ruling and thus considered parties. STOP CAUSING TROUBLE.
It is also significant which judges signed onto this order and which ones evidently declined to do so.
The defense firms haven’t tried to field a candidate for political reasons: they couldn’t field anyone that could beat her at the ballot box. She will sit as is unless she is removed by Judicial Complaints group or retires or dies.
She has instituted several bizarre “policies” since ascending to the ceremonial title of “Senior Circuit Judge”. She has also “created” a special court to deal with criminal defendants with mental problems that is entirely contrary to the existing Circuit Court rules on that subject. You see, the mentally ill, incompetent, defendant waives some important rights and….oops, that’s a problem isn’t it?