Courts

April 2014 Published by the Administrative Office of Courts Federal and state officials organize Reentry Council

state and federal prosecutors an admonition to do right will and public defenders, a repre- not turn someone's life sentative of the Lieutenant around,” Judge Starrett said. Governor, legislative leaders, “We are sending people home Jackson city officials, church without the tools and without leaders, the American Civil the resources they need to Liberties Union, the NAACP succeed as law abiding citi- and the Pew Charitable Trust. zens. We are setting them up Leaders of the Department of for failure.” Mental Health and Depart- Davis, U.S. Attorney for ment of Employment Security the 45-county Southern Dis- joined the Council in April. trict of Mississippi, said about A core group of organizers 95 percent of people who are at meetings in February and sentenced to prison will get April began work to address out some day. “When people basic needs such as housing, get out...they need help with employment, education, trans- housing, they need help with portation and health care. transportation, they need help People who leave prison with employment.” U.S. District Judge Keith Starrett and Chief Justice Jr. often have few skills and no Department of Mental resources as well as a felony Health Executive Director Ed Officials spanning the spec- Mississippi Supreme Court record. “It is a very difficult LeGrand said, “It doesn’t ma- trum of the criminal justice were state and federal judges, time. A bus ticket and $25 and Continued, page 2 system as well as religious and civil liberties organizations began work in December on a program to help former in- mates become productive, law abiding citizens and to reduce prison recidivism. U.S. District Judge Keith Starrett, Mississippi Supreme Court Chief Justice Bill Wal- ler Jr., U.S. Attorney Greg Davis and Attorney General Jim Hood met with more than 50 people to begin work to- ward organizing a Reentry

Council. In attendance at the Romano, U.S. District Judge Keith Starrett, Dr. Jimmy Porter, Correc- organizational meeting at the tions Commissioner Christopher Epps, and U.S. Attorney Greg Davis. Page 2 April 2014

Corrections Commissioner Christopher Epps, center, talks about the state’s increasing prison population. At left is Dr. Jim- my Porter, and at right, U.S. Attorney Greg Davis.

ter what else you do. If you Albert Santa Cruz, Mississippi Epps said, “I'm on board a member of the State Parole don’t have a place to live, it Highway Patrol head Col. Don- 100 percent with what we are Board, said she agrees with the exacerbates other problems.” nell Berry and other MHP offi- trying to accomplish.” The state front-end approach. “When we State Parole Board Chairman cials to work out logistics for prison population has increased see them at the Parole Board, Steve Pickett said that release issuing state ID cards to in- 455 percent since the 1980s and they have been in pris- from confinement is delayed mates upon their release from the Department of Corrections on...wasting that time not really for some inmates who would prison. Corrections Commis- budget has grown 1,255 per- doing anything to prepare.” otherwise be freed because they sioner Christopher Epps asked cent. Alabama, Arkansas, Georgia, have no place to go upon re- MHP to go to the prisons to About 9,500 people are re- Kentucky, Oklahoma and Tex- lease. “They are set aside be- handle applications for and leased from MDOC each year, as are among states which have cause they don't have an ad- issuance of ID cards. Santa Epps said. More than 77 per- Reentry Councils. Texas, which dress to go to....The need for a Cruz and Berry said sending cent have alcohol and drug was running out of inmate bed reentry program is dire in this staff to prison facilities was problems; 15 percent have space, was able to close some state.” preferable to having MDOC mental health problems. On prison units after it adopted the One of the stumbling blocks officers transport large num- average, their education skills comprehensive and focused to employment is something bers of soon to be released are at a sixth grade level. approach, Judge Starrett said. that has turned out to be not as inmates to MHP stations. Work toward an inmate's The Reentry Council is pat- simple as it sounds: acquiring a The Reentry Council will reentry to the community has terned after a program started valid identification card from work toward developing prac- to start from the time a person by U.S. Attorney General Eric the Department of Public Safe- tices for evaluating prisoners is sentenced, Judge Starrett Holder in 2011. The Federal ty, a birth certificate and a So- and providing appropriate reha- said. Inmates need to be di- Interagency Reentry Council, cial Security card. Prospective bilitation when they enter cor- rected into intervention which made up of 20 federal agencies, employers can’t legally hire rectional systems, and identify- will help them, not make them works to: someone without ID. ing resources and connecting worse. “Evaluation is crucial. • make communities safer by The Reentry Council at an former inmates with those re- It's not cookie-cutter,” Judge reducing recidivism and victim- April 1 meeting sat down with sources that can assist them Starrett said. ization; Commissioner of Public Safety after they leave prison. Betty Lou Jones of Meridian, • assist those who return from April 2014 Page 3

prison and jail in becoming productive citizens; Legislature passes criminal justice reform • save taxpayer dollars by low- ering the direct and collateral costs of incarceration. Gov. on March fort. I will continue to work “Prisons are necessary for serious and violent offenders, U.S. Attorneys in each of the 31 signed into law House Bill with law enforcement officials 585, a comprehensive criminal to ensure the strength of Mis- but the research tells us that 94 districts nationwide have a they are not the best option for reentry coordinator. justice reform package that sissippi’s criminal justice poli- every offender,” said Chief Jeremy Sherer, Reentry Co- aims to protect public safety, cies.” Justice Waller. “HB 585 will ordinator for the Northern control corrections costs and The bill emerged from an deliver better public safety out- exhaustive audit of Mississippi’s comes by expanding research- District of Alabama, speaking restore clarity to sentencing. “We pledged to Mississippi- corrections and sentencing proven alternatives to incarcer- at the organizational meeting of systems by a bipartisan task ation, such as drug courts and ans that we would make this Mississippi’s Reentry Council, force chaired by Corrections rigorous drug treatment pro- said the growing prison popula- the ‘public safety session,’ and Commissioner Christopher grams, as well as enhancing our tion and cost to the state budg- we have worked hard to devel- Epps. The Task Force received reentry efforts to ensure of- intensive technical assistance fenders leave prison with the et are unsustainable. op this ‘Right on Crime’ re- search-based plan that is tough from The Pew Charitable support they need to get their “Alabama prisons were Trusts’ Public Safety Perfor- lives back on track.” on crime while using resources strangling every other general mance Project as part of the Speaker of the House Philip fund institution,” Sherer said. wisely where they make the Justice Reinvestment Initiative. Gunn agreed. “HB 585 is the At the same time, court dockets most impact. As a former law Pew and its partners have as- single largest improvement to were backlogged and prosecu- enforcement officer, I have no sisted two dozen states, includ- Mississippi’s criminal justice tolerance for career criminals or ing Texas, Georgia, and South system in a generation. The tors and probation officers Carolina, with similar data- violent offenders, and this legis- recommendations made by the dealt with staggering caseloads. driven analyses and consensus- task force are truly transforma- Two years of work in Ala- lation will allow Mississippi the based policy recommendations. tive and bode well for the fu- bama has produced reentry resources to hold these offend- Chief Justice Bill Waller Jr. ture of Mississippi. I applaud pilot projects. Work is under- ers accountable,” Gov. Bryant said, “I personally want to the work of everyone involved in this legislation – Task Force way to expand. “We are in the said. “I thank Lt. Gov. Reeves, thank Pew for its work on members, legislators, judges Speaker Gunn, the Legislature, House Bill 585, which I think is process of implementing better and justices, and stakeholders practices,” Sherer said. judges and justices, the Task one of the most important from across our state – for Alabama has the fourth high- Force and all of the stakehold- criminal justice reforms passed their dedication to this success- est incarceration rate in the ers who had a part in this ef- in modern history.” ful process. This was a huge undertaking.” country. Mississippi is second. Reforms are expected to Judge Starrett said., “We are avert prison growth over the over-built. Too many people next 10 years and are expected are looking for healthy inmates said Judge Starrett. Some may ler leads court involvement; to save the state at least $266 that they can put out to work. not embrace the concept imme- Attorney General Hood, law million in prison costs over the Prisons shouldn't be industrial diately, he said, recalling that enforcement; Commissioner coming decade. The legislation some people were not receptive Epps, prisons and community seeks to reserve prison beds for development. We are locking serious and career offenders up too many people.” to treatment-based drug courts corrections; U.S. Attorney while strengthening community The same people commit after he started the state's first Davis, federal partners; Car- supervision and other sanctions crimes repeatedly. Judge Star- felony drug court program in olyn Romano, chief probation for less serious offenders. rett said that 40 percent of state 1999. But he views directing officer for the Southern Dis- A provision to be codified as funding to reentry programs as trict of Mississippi, community Section 97-3-2 lists offenses prison inmates have been there defined as crimes of violence, an investment in improving resources; and Dr. Jimmy Por- before on previous convictions. and requires offenders convict- “We need to have a goal to public safety and reducing the ter, executive director of the ed of violent crimes to serve at reduce recidivism.” drain on the public treasury. Mississippi Baptist Christian least 50 percent of the sentence “It will require funding and it The Reentry Council has six Action Commission, faith imposed by the court. Other will require a culture change,” work groups. Chief Justice Wal- based initiatives. Continued, page 4 Page 4 April 2014

Children’s Commission calls for uniform Youth Courts

The Mississippi Commission on Children’s Justice recom- mended creation of a state funded, uniform youth court system and called for a com- prehensive review of all state laws related to child protection and foster care under the juris- diction of youth courts. Those are among numerous recommendations made by the Commission in December 2013 after it completed more than three years of study of the state’s child protection systems. Supreme Court Justice Randy G. Pierce of Leakesville, co-chair of the Commission, Commission on Children’s Justice members include, left to right, Rankin County and Youth said, “The Commission’s goal is Court Judge Thomas Broome, Special Assistant Attorney General Jean Vaughn, Court of Ap- to have better outcomes for peals Judge Virginia Carlton, and Supreme Court Justice Randy Pierce. children. The report contains recommendations that will en- tem. Our children deserve the child protection system.” County Court Judge Thomas sure the judiciary is accountable best we have to offer. I believe Youth Court structure, staff- Broome, co-chair of the Com- and that we work with the oth- the implementation of these ing and resources vary greatly mission on Children’s Justice er branches of state govern- recommendations will result in across the state. In the 21 and chair of the Council of ment to achieve a model sys- a more efficient and responsive counties which have a county Youth Court Judges. court, a county court judge Some of the other recom- oversees the youth court. The mendations of the Commission chancery court has jurisdiction include: code sections create targeted comes. over youth court in those coun-  enact legislation to give drug offense and property HB 585 encompasses 19 crime penalties that require recommendations unanimously ties which do not have a county indigent parents a right to a tougher sentencing. forwarded to the Mississippi court. The chancery court may court-appointed attorney in In addition, the legislation: Legislature last year by the Cor- either hear the youth court court proceedings in which  Restores certainty and rections and Criminal Justice cases, or appoint an attorney as parents may face termination of clarity to Mississippi’s sentenc- Task Force. The lead House a part-time youth court referee parental rights. Mississippi is ing system by establishing mini- sponsor of HB 585 was Repre- to preside over youth court. In the only state in the country mum percentages of sentences sentative Andy Gipson; the lead that inmates must serve before Senate sponsor was Senator 60 counties, youth court cases which does not statutorily au- becoming eligible for release; Brice Wiggins. Both legislators are heard by youth court refer- thorize appointed counsel. Ad-  Expands judicial discretion were members of the Task ees. Carroll County is the only ams, Forrest, Harrison and to impose research-proven Force. county in which a chancellor Rankin counties currently pro- HB 585, as signed by the alternatives to incarceration; currently presides in youth vide counsel for indigent par- Governor, is available at this  Creates statewide stand- court. ents under a pilot project. Be- ards for drug courts and estab- link: http://billstatus.ls.state.ms.us/ “We need to get some uni- fore the pilot began, Madison lishes a veterans court system; documents/2014/html/HB/0500- formity in our youth court sys- County was the only county in  Creates an oversight cou- 0599/HB0585SG.htm. cil and requires tracking of out- tem of justice,” said Rankin the state which appointed April 2014 Page 5

First class graduates from Rankin County Project Impact

Juvenile Justice Center in Pe- much out there for the kids and coordinated the trips. The lahatchie. that we deal with. There are six-month program started with The goal of Rankin County not a whole lot of opportuni- a retreat at Twin Lakes with Project Impact Youth Leader- ties for them.” motivational speaker Dr. Jim ship is to identify at-risk youth The Rankin County Sher- Cook. Students learned about and provide them with experi- iff’s Department, Youth academic and technical pro- ences and direction which can Court, Chamber of Com- grams, scholarships and job help them develop leadership merce, School District and opportunities on trips to the skills and discover their own community sponsors part- Mississippi Air National Guard potential. nered to fill the void. Three base and Hinds Community Rankin County Juvenile De- local businesses funded the College. Hinds CC recruiters tention Administrator Michelle youths’ expenses after efforts talked to the youths about what Rhodes modeled the program to secure a grant were unsuc- they need to be doing now to on a similar Rankin County cessful. No government prepare for college, and dis- Juvenile Detention Administrator youth leadership program start- funds were used. cussed technical programs and Michelle Rhodes ed for high achievers. “The fact Rhodes said, “We are try- financial aid. that kids have been in the juve- ing to give them opportuni- Rankin County Chamber Five Rankin County teens nile detention center does not ties that they would not nor- Executive Director Mandi who landed in Youth Court last mean that they can’t be suc- mally get.” Two found part- Arinder said, “A lot of these year graduated from a youth cessful,” Rhodes said. “A lot of time jobs while in the pro- children feel like there’s no leadership program on March programs are out there for kids gram. One completed a half hope, there’s not a way out.” 28. They were honored at a that make A’s or are doing eve- marathon. All participants’ The college exposure was in- ceremony and reception at the rything right, but there’s not grades improved. tended to raise their expecta- One of the participants tions for what they can attain. told those gathered for the They saw law enforcement ceremony that the program training and the prison system had given her self-discipline, on trips to the Mississippi Law counsel for indigent parents  evaluate youth court case independence, and direction. Enforcement Officers Training facing termination of parental loads assigned to prosecutors She also found a job. “It Academy and the Central Mis- rights in abuse and neglect cases. and public defenders. helped me to get more of an sissippi Correctional Facility.  create a permanent staff  seek funding and statutory idea of where I am going to They visited the Governor’s position in each chancery court authority to create positions for go, and how I am going to Mansion and met with Chief district for a guardian ad litem. in-house counsel to advise case get there,” she said, reading Justice Bill Waller Jr. during a  establish a state position of workers in MDHS regions. from an essay she had writ- tour of the Supreme Court. resident jurist to assist the Mis-  establish a court performa- ten. “When you mess up, They toured the Capitol and sissippi Supreme Court in per- nce improvement program in there are consequences....We had lunch with Sen. Dean forming its supervisory role local youth courts in collabora- all need a little help straight- Kirby of Pearl, Sen. Perry Lee with respect to effective admin- tion with DHS. ening up the mistakes in our of Mendenhall, Rep. John istration of justice in youth The Commission’s complete lives.” Moore of Brandon, Rep. Ray courts, serve as a liaison to the report is available on the Mis- Rhodes said, “I would like Rogers of Pearl, and Rep. Tom Department of Human Services sissippi Judiciary website at this to thank the Sheriff and Weathersby of Florence. and other state agencies in- link: http://courts.ms.gov/ Judge Broome for letting us Arinder said, “They feel like volved in child protection, and reports/ think outside the box again.” they are a part of something provide training to youth court ChildrensJusticedoc.pdf. The Rankin County Cham- important, part of an elite judges. ber of Commerce scheduled group.” Page 6 April 2014

What will happen when $$$ runs out for indigent parent representation?

Having attorneys represent- gent parents in the pilot coun- ing indigent parents has short- ties, much less expand the pro- ened the time that children and gram statewide. parents are separated, and has “Our question is, is our led to more reunifications of investment enough, and is it families in Department of Hu- working in the right way,” said man Services investigations of Casey Family Programs Senior allegations of abuse and ne- Director Isabel Blanco. “If we glect, according to Youth Court don’t figure this out, we are judges supervising four pilot going to come to a screeching programs. halt because there just isn’t But private foundation mon- enough money.” ey and a federal grant that fund Forrest County Court Judge the pilot programs are set to Michael McPhail said, “ If you end in December. Judges from remove the attorneys, we just Adams, Forrest, Harrison and go back to our old way.” Rankin counties, representa- Mississippi is the only state tives of the Attorney General in the country that does not and Department of Human statutorily provide an attorney Services and other stakeholders for indigent parents facing pos- met April 17 with representa- sible termination of parental tives of grant provider Casey rights in allegations of abuse Family Programs to assess pro- and neglect. Termination of gress, and discuss whether Ca- parental rights means that the sey would continue funding. children are taken away and County Youth Court was the The grant period is set to No other funding source placed in foster care, and put only youth court which ap- end in December. Blanco said has been identified to continue up for adoption. Before the pointed attorneys to represent it is possible that an extension to provide attorneys for indi- pilot program began, Madison parents. of funding could be requested. Seattle-based Casey Family Grant money was intended Programs in 2012 gave a to be a start-up, not permanent $100,000 grant for a two-year funding, judges acknowledged. pilot program that pays for Judges who approached leg- attorneys to represent indigent islators regarding possible fund- parents in cases which could ing for parent representation lead to termination of parental found little interest. Parents rights. Harrison County, which accused of abuse and neglect has the largest number of cases, get no sympathy, said Adams received $50,000 in Casey Fam- County Court Judge John Hudson. ily Programs funding for a full- Casey Family Programs re- time attorney. Adams and For- quested data that will show the rest counties received $25,000 impact on the pilot counties, each to pay for attorney repre- including comparing the out- sentation. The Administrative comes of cases in which there Office of Courts provided was attorney representation $45,000 through a Court Im- with cases in which parents Forrest County Court Judge Michael McPhail talks about the provement grant to fund the were unrepresented. Judges in impact of parental representation on children’s best interests. Rankin County program. the pilot counties say that they Page 7

Involvement in a court pro- dren and adults, language pro- interpretation; within a judge’s discretion. The ceeding can be an intimidating gram development in academic  determining whether judge should examine a party or experience for anyone. Imagine and business settings, and mar- someone needs an interpreter; witness on the record when a party or counsel requests an trying to navigate the complexi- keting consulting. She attended  locating an interpreter; interpreter, or when it appears ties of the legal system without the Southern California School  AOC’s Court Interp- to the court that the party or understanding a word anyone of Interpretation and worked as reter Credentialing Program; else is saying. a court interpreter in California. witness may not understand  best practices; Administrative Office of She was certified as a court and speak English well enough  Courts Deputy Director interpreter in Alabama in 2010, cost factors. to participate fully in the pro- Ta’Shia Gordon and language and in Mississippi in 2011. AOC has developed a Judi- ceedings. The court’s conclu- interpreters Georgina Barvie’ Lang, of Gulfport, has a cial Bench Card to assist judges. sion should be stated on the and Arlin Lang will present an bachelor of arts degree in soci- Also, the U.S. Census Lan- record. The fact that a person overview of Mississippi’s Court ology from Colorado State Uni- guage Identification Flashcard, for whom English is a second Interpreter Credentialing Pro- versity and was certified as an covering 38 languages, can help language knows some English gram at 9 a.m. Thursday, April addictions counselor through identify the language of a per- does not prohibit that individu- 24, during the Mississippi Trial Denver Mental Health Insti- son of limited English profi- al from being allowed to have and Appellate Judges Spring tute. She has worked as an in- ciency. an interpreter, according to Conference in Biloxi. terpreter in medical and legal Appointing an interpreter is Gordon. Barvie’, of Gulfport, has settings. She is a certified more than 20 years of experi- court interpreter in Spanish. ence in the language service The conference will cover: industry. Her work has includ-  Constitutional impli- ed teaching English and Span- cations, federal law and ish as second languages to chil- caselaw regarding language

have seen a great improvement Court Judge Margaret Alfonso. with attorney representation. And it’s far better for the child. Judge McPhail said, “In the The Department of Human end, we are shortening the stay Services regards having parental of children in custody,” and representation as beneficial. that saves money. Department of Human Services Having attorney representa- Deputy Director Mark Smith tion early in the process may said, “In most cases, it’s really enable parents to show that helped us a lot.” there is no need to remove a Mississippi’s status as the child from the home at all, said only state that does not statuto- Rankin County Court Judge rily provide attorneys for indi- Thomas Broome. gent parents has drawn national Judge McPhail said, “The attention, including from civil critical stage is when the chil- rights entities, Judge Broome said. dren are taken.” “The question is whether we Avoiding placement of a manage the changes, or some- child in Department of Human one else manages it for us. It Services custody results in may become a federal civil thousands of dollars in savings rights case,” Judge Broome in DHS staff time, court time, said. “I think if we don’t get housing, health care and other something in place, they are expenses, said Harrison County going to sue us.” Page 8 April 2014

23 trial courts using MEC, 20 more on waiting list

Electronic filing is currently Judge Colom said. “I can pull about MEC. Attorney Bill utilized in 23 Mississippi trial up the pleadings, check pro- Ready Jr. said it was the largest courts in 14 counties. E-filing cess, and see what has been crowd he could remember at- trial courts include the Chan- done. I am able to run certain tending a local bar meeting. cery Courts in DeSoto, Grena- reports. I can know what’s Ready, a member of the Mis- da, Holmes, Lauderdale, filed. I get a weekly report on sissippi Bar Technology Com- Lowndes, Montgomery, Ran- motions filed in those three mittee since its inception, kin, Webster and Yazoo coun- counties. I can keep up with the signed up for e-filing when the ties; Chancery and Circuit cases. It’s much better from a pilot project began in Madison Courts in Clay County; and all management standpoint. I love County Chancery Court. He is trial courts – Chancery, Circuit it.” extremely eager to see e-filing and County Courts – in Madison, Twentieth District Circuit added to Lauderdale County Harrison, Hinds and Warren coun- Judge William Chapman III has Circuit Court. ties. used e-filing in Madison Coun- “It’s just a tremendous bene- Lowndes County Chancery ty Circuit Court since March fit to be able to e-file, rather Court is the most recent to go 2010, and is happy to get the than having to walk to the live. Voluntary e-filing began system in the other half of the courthouse, or get in the car there on April 7. Mandatory e- district, Rankin County. and drive to the courthouse. filing goes into effect May 7 in “I’m pleased to see it imple- It’s a tremendous time and cost Lowndes Chancery Court. mented because it makes ac- saver, not only for the lawyers, Rankin County Circuit Court cessibility to the courts easier but for their clients,” Ready will begin voluntary e-filing for the attorneys and easier for said. May 1, and will implement the public,” Judge Chapman As of mid-April, about mandatory e-filing June 1, said said. For judges and court staff, 4,400 attorneys, about two- Mississippi Electronic Courts “we have 24-hour access to thirds of the attorneys who Director Lisa Counts. E-filing court files.” That makes it easi- practice in Mississippi, were implementation in Rankin Cir- er to work on cases in the even- registered to use the MEC sys- cuit will make e-filing available ing. “If there is something I’m tem. Seventy of those are out- in all state trial courts in all thinking about and want to be of-state attorneys who repre- three counties of the Jackson able to deal with right then, it’s sent Mississippi clients in state metropolitan area. trial and appellate courts. Non- Fourteenth District Chan- attorney use is also increasing. cery Judge Dorothy Colom said More than 1,700 non-attorneys that electronic filing and dock- Circuit Courts that are ex- cost told the Lauderdale Coun- were registered in MEC. et management gives her great- pected to implement e-filing ty Bar on Dec. 4, “You can see Twelfth District Chancellors er records access and helps her next include Lauderdale and that the system is starting to Jerry Mason and Lawrence with docket management in Marion counties. They are build out, from DeSoto County Primeaux signed an order start- three counties of the six-county among about 20 trial courts in the north to Harrison Coun- ing voluntary e-filing on Feb. 3 district. Clay and Webster that are waiting to get the ty in the south, and points in and mandatory e-filing on counties began Chancery e- MEC system. between.” March 3 in Lauderdale Chan- filing last year. Supreme Court Chief Justice At that Dec. 4 meeting, the cery Court. Judge Primeaux “I’m able now to access the Bill Waller Jr. said, “At this reserved restaurant dining said, “I am proud that Lauder- cases from Lowndes County, point we are taking counties room filled up, and staff dale County is in the first wave Webster County and Clay into the system as fast as we brought in more tables to ac- of counties implementing this County online, so it doesn’t can and the resources allow.” commodate Meridian area law- advanced system. When fully in matter what county I’m in.” MEC Counsel Clint Pente- yers who wanted to know force, it will save parties mon- Page 9

ey, and will be a major conven- ience for lawyers.” The Tenth Chancery District became the first court district in the state to undertake district- wide implementation of MEC. Work is underway in Marion County Chancery Court, and will expand later this year to Chancery Courts in Forrest, Lamar, Pearl River and Perry counties. Tenth District Senior Chan- cellor Johnny Lee Williams of Hattiesburg said, “Our judicial system should utilize the availa- ble technology, as both the federal courts and neighboring states have done, to optimize the efficiency and productivity MEC Director Lisa Counts explains features of e-filing to Lauderdale County Deputy Clerks of the court system. The public Donna Googe and Vicki LaShane. deserves the best that we can give, so we intend to use these technology allows us to better times. When technology makes on Jan. 1, after allowing volun- resources to make the court track our cases. We want liti- it better for the attorneys, the tary e-filing for six months. system proficient and respon- gants to be served as quickly courts and the public and less More than 3,300 appellate mo- sive to the needs of the public.” and efficiently as possible.” costly for all the people in- tions have been filed electroni- Tenth District Chancellor Pearl River County Bar As- volved, we need to move into cally since July 1, 2013, said Dawn Beam of Sumrall, who is sociation President Claiborne that area and take advantage of Supreme Court Clerk Kathy coordinating e-filing implemen- “Buddy” McDonald of Pica- the changes and technology.” Gillis. More e-filing capabilities tation in that district, said, “We yune said, “It’s a positive thing The MEC program, under are expected to be implemented certainly want to run our courts and a step ahead. We need to the supervision of the Missis- in phases. Eventually, trial as efficiently as possible, and make certain we grow with the sippi Supreme Court, is adapted court records, including tran- from the electronic filing sys- scripts, will be submitted elec- tem used in federal district tronically on appeal. courts. MEC technology and It is expected that MEC de- training are provided free to velopment will eventually in- counties. The only cost to local clude data interfaces with state courts is computer hardware agencies. and Internet access. Representatives of the Mis- Most Circuit Courts that use sissippi Workers Compensation e-filing do so only in civil cases Commission met with MEC at this time. Clay and Hinds staff on Feb. 28 to ask ques- County Circuit Courts currently tions about MEC. The Workers provide electronic access to Compensation Commission is criminal as well as civil cases. in the second phase of imple- The Mississippi Supreme menting its own e-filing system, Court made e-filing mandatory said Administrative Law Judge Chancellor Dorothy Colom Circuit Judge William Chapman for appellate briefs and motions Continued, page 10 Page 10 April 2014

Andy Taggart to speak at 8th Circuit Drug Court graduation

Madison County attorney tions represent a long, hard his parents laid out the devas- Andy Taggart and his wife Ka- struggle to gain control of ad- tating psychological toll of his ren have turned their personal dictions, both drug and alcohol addiction and the downward anguish at the suicide of their related. They are the culmina- spiral of the past year. son Brad into a mission to tion of rehabilitation programs, The two-page letter began, reach others before drugs drag extensive aftercare programs, “I hate that I’m putting you them down the same path. Narcotics and Alcoholics through this. The last thing I Andy Taggart will be the Anonymous meetings, signifi- want is to bring you all grief but guest speaker May 8 in Walnut cant staff intervention via ran- I cannot go on living any long- Grove at the 8th Judicial Dis- dom and frequent drug testing, er. I’ve lost my mind due to trict Drug Court graduation. and intensive judicial supervi- drugs. I have no emotion, I The ceremony is scheduled for sion.” cannot be happy ever and I’m 2 p.m. at the Pine Grove Pente- Since their son Brad Tag- empty inside. Drugs have costal Church, 3379 Pine gart’s death, Andy and Karen robbed me of my memory and Grove Road, Walnut Grove. Taggart have spoken at church- knowledge that I’ve gained. I Drug Court Coordinator es, high schools and colleges. have zero reading comprehen- Marcus Ellis said 15 partici- He spoke to a Drug Court for mer chief of staff to Gov. Kirk sion skills and my attention pants are expected to graduate. the first time on Oct. 22, 2013, Fordice, is angry. He is deter- span is about 10 seconds. I About 170 people from Leake, during the 17th Circuit Drug mined to do something about spend the majority of the day Neshoba, Newton and Scott Court graduation in Hernando. it. staring off into space.” counties are enrolled in the “We were so impressed with “Don’t believe this can’t The letter outlined a progres- Eighth District Drug Court the program, and with the need happen to you,” he said. “This sion from marijuana use to program under the supervision to continue to expand drug scourge is going to continue LSD, which Brad Taggart wrote of of Circuit Judge Vernon Cot- court services,” Taggart said. taking lives until we are willing as “a way that I could escape ten. Taggart, an attorney, author, to beat it back.” into an alternate reality, one Ellis said, “These gradua- political commentator and for- “The message is, hear the that was euphoric and free of alarm of the series of bad problems. I also began using choices our son made that end- mushrooms, MDMA, cocaine ed up ultimately in his death. and nitrous oxide. My drug use We are very hopeful that by didn’t seem to affect me. I actu- telling our story, that we can ally felt as though I was im- have an effect on other peo- proving as a person somehow. Deneise Lott. The Attorney ple’s decisions,” Taggart said. I knew myself better and was Transmittal Online System, “He was 21. He took his outgoing and it was nice. My ATOS, allows registered attor- own life July 10 (2012). He had view of reality was skewed by neys to electronically file certain been involved in drugs for drugs.” He concluded the letter types of documents in claims. about a year,” Taggart said. with, “I love you.” More than 100 attorneys are “He shot himself in our front Circuit Judge Jimmy McClure of registered to use the Workers yard and we didn’t know any- Sardis has heard similar stories re- Compensation Commission’s thing about his drug use. Brad peatedly in 17th District Drug ATOS system. sort of suffered it silently with- Court, although not with such a out us ever knowing about it.” heart-wrenching end. “This can Workers Compensation Admin- Taggart said that a toxicology happen to any family. It can istrative Law Judge Deneise report showed his son had no happen to young and old, rich Lott asks questions at a meeting drugs in his system when he and poor, black and white. with MEC staff. died. But the letter he left for Drugs are the great equalizer.” Page 11

Circuit Judge Margaret Carey-McCray of Greenville was inducted as a Fellow of the Mississippi Bar Founda- tion on April 17. Judge Carey -McCray was among 16 in- ductees recognized at a din- ner ceremony at the Old Cap- itol Inn in Jackson. Being named a Fellow is the highest honor given by the Bar Foundation. Recipi- ents reflect the highest level of competence, professional- ism and leadership, and are respected in their communi- ties, said Bar Foundation President Stephen Rosenblatt of Ridgeland. Circuit Judge Margaret Carey-McCray, at left, is accompanied at the Bar Fellows ceremony by daughter Le- Judge Carey-McCray said, Kendra Washington, niece Kimberly McCray, and Court Administrator Angela Howard. “It is an honor to be recog- nized by your peers. I’m ap- tion into its fellowship. What- inspiration of many people.” the House of Representatives. preciative of the nomination ever I’ve done or if I’ve done Tiffany M. Graves of Jack- Others inducted a Fellows of and I thank the Foundation anything that’s deserving, it’s son, executive director and the Bar Foundation are: Secre- for honoring me with induc- been with the help, support and general counsel of the Missis- tary of State sippi Volunteer Lawyers Pro- Jr., Jackson; Mississippi College ject, was honored with the Law School of Law Dean James H. -Related Education Award. Rosenblatt, Ridgeland; U. S. Former Gov. William F. Magistrate Judge Michael T. Winter, who has been a power- Parker, Hattiesburg; former ful force for public education U.S. Attorney J. Bradley Pigott, and racial reconciliation, was Jackson; former District Attor- honored with the Bar Founda- ney Lawrence L. Little, Oxford; tion Professionalism Award. Tom P. Calhoun III and John Winter gazed down at the P. Henson of Greenwood; Sha- list of former award recipients ron F. Bridges and W. McDon- listed in the program and said, ald Nichols of Jackson; Walter “How in the world did I get up W. Dukes and William L. here?” McDonough Jr. of Gulfport; Winter has been a member Robert D. Gholson, Laurel; of the Bar for 65 years. “I have Charles F. Johnson III, R. Da- regarded it as a noble profes- vid Kaufman and Ann P. sion,” he said. Veazey of Ridgeland. He began his career of public Hinds County Chancellor service in 1947, while still in Denise Owens is among new Former Gov. William Winter signs program for Dean Jim Rosenblatt. law school, with his election to trustees of the Bar Foundation. Additional photos are on Page 12. Page 12

Retired Chancellor Dennis Mississippi House of Repre- College and the University of M. Baker, 86, of Batesville, died sentatives and one term in the Mississippi, where he earned a Feb. 10, 2014. Senate. He also served as law degree. Judge Baker served for more Batesville city attorney, and He supported the University than 24 years on the bench of attorney for the Batesville of Mississippi School of Law as the Third Chancery District of Housing Authority and the a member of the Lamar Order. DeSoto, Grenada, Montgom- Panola County Board of Edu- He was a Fellow of the Missis- ery, Panola, Tate and Yalo- cation. He was a member of sippi Bar Foundation. He be- busha counties. He was ap- the Mississippi State Park Com- longed to the Batesville Rotary pointed to the bench in 1978, mission. Club, where he was a Paul Har- and served until December Baker was ris Fellow. 2002. He heard cases as a sen- born July 1, 1927, in Pope, to He served as king of the ior status judge after retirement. the late Noah Frank Baker and Junior Auxiliary Charity Ball Chancellor Vicki Cobb re- Dora Carlean Flowers Baker. and was chairman of the Offi- membered him as a mentor and He graduated from Enid High cial Board of the First Untied close family friend. She served School, where he was valedicto- Methodist Church, as well as a School class. as his court administrator for rian. After serving in the U.S. lay speaker and member of the He enjoyed performing vari- six and a half years. Army during World War II, he Methodist Men. For many years ous acting roles on stage at the He served two terms in the attended Northwest Junior he taught the adult Sunday Panola Playhouse.

2014 Mississippi Bar Foundation Fellows and Trustees honored

Justice Jim Kitchens visited with retired inducted as a Fellow of the Bar Founda- Hinds County Chancellor Denise Owens Circuit Judge Joe N. Pigott and his son tion. Judge Pigott preceded Justice was among new Trustees elected April Brad Pigott at the Bar Foundation dinner Kitchens as district attorney of Copiah, 17 to the Mississippi Bar Foundation. on April 17. The younger Pigott was Lincoln, Pike and Walthall counties. Page 13 April 2014

until his retirement Dec. 31, someone who had the almost for you to know that we do it 2006. universal respect that Tom had because we care, not for the As a chancellor, his concern among lawyers, litigants and money.” for the welfare of children and fellow judges. Tom will be Judge Zebert was among 11 families led him in 1999 to set deeply missed.” senior status and special judges up classes for divorcing parents Judge Zebert could have appointed in October 2008 to of children ages 6 to 17. The hung up his robe and played handle a Katrina case docket on program, Focus on Children in golf when he retired from the the Gulf Coast. Judge Zebert Separation, or FOCIS, was chancery bench, but he contin- continued to hear special judge intended to prepare them for ued to hear cases as a senior appointment cases until shortly life apart. He wouldn’t sign status judge out of a commit- before his death. He submitted divorce papers and simply send ment to public service. At the his last time sheet in August people their separate ways. He April 2012 Trial and Appellate 2013. believed it was important for Judges Conference, Chief Jus- Thomas Zebert was born on parents and their children to tice Waller noted that Judge July 6, 1936, in Indiana and Judge Thomas Zebert, 77, discuss and prepare themselves Zebert had already exceeded moved to Flowood, Mississippi, of Pearl, died Nov. 22, 2013, for how the court orders would the hours that state law allowed at the age of 2. He earned an after a brief illness. affect their daily lives. him to be paid as a retired sen- A.A. degree from Hinds Junior He served on the bench for He said in a 2001 interview, ior status judge, but that he College and an L.L.B. degree more than 37 years. Judge “We are the last bastion be- continued to work for free. from Mississippi College Zebert was the first Youth tween the children and the par- Judge Zebert told the confer- School of Law. He was admit- Court judge for the City of ents going out into the world. ence that he and the 17 other ted to the practice of law in Pearl, serving from 1973 The whole issue is how to make senior status judges there that 1963. He practiced law in Pearl through 1994. He was elected the transition bearable.” day were committed to their 1963-1994. He was Rankin 20th District Chancery Judge in His work served as a model public service. “It is, we think, a County Prosecuting Attorney November 1994 and took of- for other similar programs. good service and a less costly 1968-1972. fice for the first time Jan. 3, Chief Justice Bill Waller Jr. service than you can get any- 1995. He served as chancellor said, “I have rarely known where else,” he said. “We like

Retired Circuit Judge Mike Smith died Jan. 1, 2014

Retired Circuit Judge Mike bench June 30, 2006. He con- “believed in a man having some Smith, 73, of Summit, died Jan. tinued to hear cases as a senior punishment if people did a 1, 2014, at Franklin County status judge. serious crime.” Hospital in Meadville after a Defendants called him “Iron Drennen Michael Smith was lengthy illness. Mike,” District Attorney born July 4, 1940, in Birming- Judge Smith served as county Dewitt Bates said in an inter- ham. He was the son of the late attorney for Pike County before view with the Brookhaven Daily Drennen Raymond Smith and being elected to the bench. He Leader. “A lot of times people Katherine Szabo Smith. He was was first elected circuit judge of like to sit back and criticize a a graduate of Auburn Universi- the Fourteenth Circuit District judge’s decisions, but all you ty and Mississippi College of Lincoln, Pike and Walthall can ask for in a judge is that he School of Law. He was a counties in November 1994, do what he thinks is right.” member of Summit First Bap- and took office in January Pike County Chancery Clerk tist Church, a Mason and a 1995. He retired from the Doug Touchstone said Smith Shriner. Page 14 April 2014

Mississippi judges teach civics in the courtroom

The Mississippi Supreme Court and Court of Appeals are committed to educating citizens about the judicial branch. Top left, Chief Justice Bill Wal- ler Jr. hosted a visit from about 50 Davis Magnet School second graders on March 19. Judge Tyree Irving, at left, and Justice Leslie King, at bottom left, talked one-on-one with Davis Magnet students on March 26 and March 28. Judge Donna Barnes, bottom right, gave an overview of court operations to 21 fourth graders from Adams County Christian School, her alma mater, on March 6. Students delighted in giving an unofficial rap with the gavel.

Page 15

Legislators, lawyers and law students get view from bench

Top, about 40 attorney legislators heard from bench and bar leaders about court programs and budget needs in a Jan. 23 visit to the Su- preme Court. Center, Mississippi College School of Law students prac- ticed role playing in the En Banc Courtroom on March 21. Bottom, about 20 members of the Mississippi Bar Leadership Forum got an over- view of court operations and some practice tips from Chief Justice Bill Waller Jr. on March 20.

Page 16 April 2014

Douglas Arp, at far right, holds a photo which he presented to Chief Justice Bill Waller Jr., second from right. Arp and the Warren County Sher- iff’s Department were among the nation’s top promoters of National Night Out 2013. Also pictured are, left to right, Court of Appeals Judge Ceola James of Vicksburg, Warren County Sheriff’s Office Detective Sam Winchester, and Warren County Sheriff Martin Pace.

He’s been called Vicks- to 100,000 population category. partment to organize National volvement. burg’s zaniest crime fighter, but Claiborne County was honored Night Out activities for many Arp is an avid collector of he gets results. Douglas Arp’s among 48 communities in the years. After her retired with the law enforcement memorabilia work promoting community category of population under rank of sergeant, he volun- and other souvenirs, as evinced involvement in crime preven- 15,000. teered to coordinate National by his trinket-covered hat. tion efforts helped the Warren Chief Justice Bill Waller Jr. Night Out for Warren County. Chief Justice Waller present- County Sheriff’s Department congratulated Arp, Warren Pace said Arp uses bizarre ed Arp with the National win a national award for partici- County Sheriff Martin Pace and stunts to call attention to the Night Out plaque. Always one pation in the thirtieth annual Detective Sam Winchester at a cause. He has camped out on a to give back, Arp gave the National Night Out. presentation at the court on billboard and in a dumpster to Chief Justice a framed photo Warren County was rated in March 5. Court of Appeals raise community awareness. from the National Night Out the top one percent of the na- Judge Ceola James of Vicks- Last year’s program included a event. Vicksburg Post reporter tion for National Night Out burg joined them for the fire truck to “put out the crime Josh Edwards had photo- events in 2013. Warren County presentation. fire.” The Vicksburg Fire De- graphed Chief Justice Waller was among 47 top participants “The only way we will be partment and Vicksburg Police and Mayor George Flaggs Jr. in September 2013 crime pre- able to affect crime is to in- Department worked together talking to Arp at the fire sta- vention activities in the catego- volve our citizens. Everyone with the Sheriff’s Department. tion. ry of 15,000 to 50,000 popula- joins together for the common Arp said he wasn’t sure he On his way out of the court- tion, according to the National good,” Chief Justice Waller said. would even be able to partici- house, Arp handed bystanders Association of Town Watch. Arp has been bringing the pate in last year’s program. He black and gold lapel pins. En- Laurel also was recognized in community together in crime suffered a mild stroke a few circling the image of a rose and the 15,000 to 50,000 category, prevention activities for about days before National Night badge were the words National and Hattiesburg was among 25 years. He used vacation time Out. Despite frail health, he Law Enforcement Officers the top 33 cities in the 50,000 from the Vicksburg Police De- helped propel community in- Memorial.