Mississippi Courts

October 2016 Published by the Administrative Office of Courts

Parents’ drug abuse is re- enough to make a difference. sponsible for much of the And she saw a cycle of drug child abuse and neglect that abuse and child abuse that results in removal of children repeated from generation to to foster care. generation. People who were A pilot program aimed at abused as children grew up to helping parents break the abuse their own children. cycle of drug addiction began “The mother we are deal- in October in Marion County, ing with today is the child we and will soon get underway dealt with 15 or 20 years in Pearl River and Hancock ago,” Justice Beam said. “We counties. The hope is to ex- have to get to the root of this pand the program to other and break the cycle.” counties. Part of the program is First Lady Deborah Bryant aimed at prevention. There Photo by Mitchell Davis and Justice Dawn Beam are has been an alarming increase First Lady Deborah Bryant and Justice Dawn Beam announced co-chairs of ReNewMS, a in infants born with the drug the kickoff of ReNewMS at the Supreme Court on Oct. 14. project of the Commission on withdrawal condition neona- hospital births. Collaborative, which pro- Children’s Justice. Re- tal abstinence syndrome, The medical care costs for vides enrollment assistance to NewMS will seek to provide NAS, as a result of pregnant one drug exposed infant to health care coverage in 24 drug treatment and preven- women’s drug abuse, espe- age 18 are estimated at southern counties. MHAC, tion services as well as other cially opioid abuse. Missis- $750,000, and $1 million to working through the Univer- social services in an attempt sippi, Alabama, Tennessee the state over the course of a sity of Southern Mississippi, to help parents become and and Kentucky have the high- lifetime, said Kathryn will work to identify families remain drug-free. The em- est rate in the nation, averag- Rehner, project director for in need of health care assis- phasis is on healing families ing more than 16 per 1,000 Mississippi Health Access Continued, Page 2 so that they can be reunited. Bryant said, “We can’t do Nov. 7 comment deadline for Rules of Criminal Procedure it without everyone working together because it’s too big. Nov. 7 is the deadline to to create uniformity from Clerk of the Supreme Court, Together we can make such submit comments on the district to district and from P.O. Box 249, Jackson, Mis- difference in the lives of proposed Mississippi Rules court to court through a set of sissippi 39205-0249. these children.” of Criminal Procedure court rules that govern prac- Eleven years of intense Justice Beam, a former The proposed rules will tice and procedure. study have been devoted to chancellor, recalled the strug- comprise a single, uniform The Supreme Court seeks every aspect of criminal court gle to get mothers into treat- set of rules which will govern comments from judges, attor- rules, from the initiation of ment. A judge ordering it criminal procedures in Jus- neys and the general public. criminal charges through post didn’t make them go, and tice, Municipal, County and Comments should be filed in -trial motions. The Uniform often they didn’t stay long Circuit Courts. The intent is writing and submitted to the Continued, Page 2 Page 2 October 2016

Marion, Pearl River and Hancock counties are pilot programs

tance. Protection Services Dr. Da- the community to help. It also counties. Family Drug Courts The pilot sites were select- vid Chandler said, “Over the will take a renewed approach cost upwards of $100,000 a ed because of their high inci- past several years, there has to recruiting, training and year to operate, Justice Beam dences of child abuse and been an increase in the num- retaining social workers to said. “Even though this is a neglect associated with drug- ber of children that needed to address the needs of children priority for us, we have to using parents. Hancock be removed from their and families. The program recognized that we have limi- County currently has 327 homes, and drug abuse by the envisions placing social work tations,” she said. The idea is children in the custody of the children’s parents has been a students alongside Child Pro- to achieve similar results at a Mississippi Department of significant reason in this in- tection Services workers in lesser cost. That includes Child Protection Services, crease. Drug abuse is a factor the field. looking to churches, non- according to Chief of Staff in about 40 percent of cases ReNewMS contemplates a profits and other community Seth Shannon. Of those, 214 where children are taken into broader spectrum of help involvement. had indications of parental the state’s custody. It is im- beyond drug treatment and ReNewMS is a coopera- drug abuse. In Pearl River portant that everyone con- health care. Parents may need tive effort of the courts, the County, 226 children are in cerned with this issue works help finding employment, Commission on Children’s state custody, and 148 of together, and we are excited safe housing and other basic Justice, Mississippi Depart- them had parental drug by the opportunity to do that needs. ment of Child Protection Ser- abuse. Marion County has through ReNewMS.” ReNewMS is similar to the vices, Department of Mental 254 children in state custody, ReNewMS means a re- pilot Family Drug Courts that Health and University of and 129 of them had parental newed approach to helping operate in Adams and Rankin Southern Mississippi. drug abuse. Many cases have parents overcome drug ad- multiple factors leading to a diction by identifying fami- Mental Health Court begins operation Oct. 30 child being removed; parental lies and providing early ac- The 15th Circuit Drug Court in Marion, Pearl River, drug use is often not the only cess to substance abuse treat- Jefferson Davis, Lamar and Lawrence counties will begin a reason. ment and other services. It’s a Mental Health Court Oct. 30. See story on Page 12. Commissioner of Child renewed approach to engage Proposed criminal rules would provide uniformity at all levels

Continued from Page 1 ment of counsel, bond, grand the proposed rule revisions. of courts will promote fair- Criminal Rules Study Com- jury, indictment, arraignment, Justice Lamar said, “We ness. “It’s an important ad- mittee, an independent study plea, trial, evidence, sentenc- are looking forward to input vancement to organize and group appointed by the Su- ing, probation and other is- from the bench and bar and bring uniformity to the crimi- preme Court, spent more than sues. looking forward to the culmi- nal justice process,” he said. six years reviewing existing Justice Ann H. Lamar of nation of this project. It is our He thanked Justice Lamar court rules and drafting sug- Senatobia serves as chair of hope that it is going to be a for her leadership of the pro- gested changes. The Supreme the Supreme Court Rules very valuable tool for mem- ject. “I salute her dedication Court Rules Committee on Committee on Criminal Prac- bers of the bar and the judici- and hard work to bring this Criminal Practice and Proce- tice and Procedure. She and ary. We welcome comments project near conclusion.” dure spent the past five years Chief Justice Bill Waller Jr. and input from them.” Justice Lamar thanked the examining and revising 34 of Jackson, Justice Jim Chief Justice Waller urged Uniform Criminal Rules proposed rules which cover Kitchens of Crystal Springs lawyers and judges to exam- Study Committee for its ex- the criminal complaint, and Justice James D. Max- ine the proposed rules and tensive work drafting the first search warrant, arrest war- well II of Oxford met up to submit comments. He said proposal. “The rules are a rant, initial appearance, pre- three times a month, for that uniformity across juris- result of many hours of work liminary hearing, appoint- hours at a time, to work on dictions and across all levels by the original Study Com- October 2016 Page 3

for 32 years of ex- Lamar has provided outstand- cial education. Justice Lamar emplary public ing leadership of the Supreme is chair of the Board of Gov- service, including Court Rules Committee on ernors of the Mississippi Ju- nine years on the Criminal Practice and Proce- dicial College. Supreme Court. dure. “Justice Lamar’s back- In 2008, Justice Lamar She is the third ground as a former circuit served as co-chair of the woman to serve on judge and prosecutor makes Commission for the Study of the state Supreme her ideally suited to lead this Domestic Abuse Proceed- Court. She previ- comprehensive review of the ings. The Commission made ously served for rules which govern every recommendations to improve five and one-half stage of proceedings in crimi- access of victims to the years as Circuit nal prosecutions. She has courts and promote under- Judge of the 17th devoted hours of work each standing of and uniformity in District, two years week to this extensive study,” proceedings and pleadings as district attorney Chief Justice Waller said. involving domestic abuse. and nine years as Justice Lamar said, “I am She was chair of the Con- assistant district thankful for the many years ference of Circuit Judges attorney. The 17th that I have been given the 2006-2007, vice-chair 2005- District is made up opportunity to serve this 2006, and treasurer for three of Desoto, Tate, state. It was an honor to re- years. She is a member and Supreme Court Justice Panola, Yalobusha, and Tal- ceive this award. I was truly past president of the William Ann H. Lamar of Senatobia is lahatchie counties. Before she humbled by the recognition C. Keady American Inns of the recipient of the 2016 earned a law degree, she from Chief Justice Waller, Court. She is a former mem- Chief Justice Award. worked for two years as a one of my peers on the court. ber of the Board of Directors Chief Justice Bill Waller court reporter in chancery The work on the Criminal of the Mississippi Prosecu- Jr. presented the award on court, and four years as ad- Rules Committee has been a tors Association. July 16 during the Mississip- ministrative assistant in the collaborative effort by all of Justice Lamar was appoint- pi Bar Convention in Destin. Governor's Office of Educa- us who serve on that commit- ed to the Supreme Court May The annual award recognizes tion and Training. tee.” 21, 2007, and was elected to an individual whose work has Chief Justice Waller said Chief Justice Waller said an eight-year term in Novem- significantly improved the that in addition to her exem- that Justice Lamar also has ber 2008. She did not seek re- judicial system. plary work on cases appealed provided exceptional leader- election. She will retire from Justice Lamar was honored to the Supreme Court, Justice ship in the vital task of judi- the court on Dec. 31, 2016.

Proposed Criminal Rules, continued from Page 2

mittee, and their input was peals Chief Judge L. Joseph Ed Snyder of Jackson; Joe search and reporting. invaluable to the work this Lee of Jackson; Rankin Sam Owen of Gulfport; John The proposal is on the Mis- court has been doing,” Jus- County Court Judge Kent M. Colette of Jackson; sissippi Judiciary web site at tice Lamar said. McDaniel of Brandon; For- Thomas E. Royals of Jack- this link: https://courts.ms.gov/rules/ The Study Committee was rest County Court Judge Mi- son; and Public Defender Jim rulesforcomment/2016/CMTEE% led by former Court of Ap- chael W. McPhail of Hatties- Lappan of Fort Myers., Fla., 20APRVD%20RULES%20&% peals Judge Larry Roberts of burg; District Attorney Ron- formerly of the Mississippi 20COMMENTS%20FINAL% Meridian and former Circuit nie Harper of Natchez; for- Office of Capital Defense 20VERSION%20CLEAN% Judge R. I. Prichard III of mer District Attorney John R. Counsel. Professor Matt Stef- 20COPY%20-%20PUBLIC% Picayune. Study Committee Young of Corinth; Special fey of Mississippi College 20COMMENT%20VERSION.pdf. members were Court of Ap- Assistant Attorney General School of Law did legal re- Page 4 October 2016

Access to Justice Summit explores civil right to counsel

trial and was convicted of breaking and entering a Flori- da pool hall in 1961. Justice Dickinson showed a framed copy of the five-page hand- written petition that Gideon sent to the U.S. Supreme Court, prompting the land- mark 1963 Gideon v. Wain- wright indigent right to coun- sel in criminal proceedings. “I don’t think we should wait for another Clarence Earl Gideon to come along to make the argument that we should be making,” Justice Dickinson said. “If we don’t go out and push for it and believe in it, nobody will....I know that the odds are

Presiding Justice Jess Dickinson, at left, talks to DOJ Office for Access to Justice Director Lisa Foster against us. In my view, the and Mississippi Access to Justice Co-Chair Rodger Wilder. A copy of the petition that led to the land- great tragedy is not so much mark Gideon v. Wainwright U.S. Supreme Court decision is in the background. to fail, but to fail without even trying.” Supreme Court Presiding take from an indigent person, Supreme Court Justice Anto- Lisa Foster, director of Justice Jess Dickinson recent- including taking that person’s nin Scalia’s remarks two the U.S. Department of Jus- ly challenged access to jus- children, home or livelihood, years ago at the celebration of tice Office for Access to Jus- tice advocates to push for that indigent person is enti- the Legal Services Corpora- tice, told the group that the extension of right to counsel tled to have a lawyer appoint- tion’s 50th anniversary in public attention focused on for the poor to the civil arena. ed to represent him, just as in Washington. Justice Scalia justice and poverty and the “The question we have to a criminal case. said the right to counsel and dynamic of public protest face is...what do you really “When poor people do to equal justice are among the have come together to create believe in your heart about not stand equal to the rich in most fundamental rights of a moment in history when the constitutional right to our courts, when poor people Americans. Justice Dickinson change can be accomplished. counsel in civil cases,” Jus- by the millions go unrepre- said that he later got the op- There hasn’t been this much tice Dickinson told about 50 sented in court and their portunity to ask Scalia if a attention to poverty and jus- people who gathered at the property and their liberty is “fundamental” right meant a tice since the Office of Eco- Supreme Court on Aug. 25 to taken away from them, we constitutional right. Scalia nomic Opportunity and the observe the 10-year anniver- have not established justice,” replied, “That’s an interesting Legal Services Corporation sary of the Mississippi Ac- he said. question.” He did not answer were created. cess to Justice Commission. “My beliefs may not be in the question. “As advocates for access Justice Dickinson said the majority,” Justice Dickin- Justice Dickinson calls to justice, we have to take that his personal belief is that son said. But the question is Clarence Earl Gideon one of this opportunity,” Foster said. when a person uses the law, being discussed by justices in his heroes. Gideon, whose If we don't act boldly now, the government, its facilities other states. request for counsel was de- we may lose it for another 50 and its power in an attempt to He recalled the late U.S. nied, represented himself at years.” October 2016 Page 5

Chancellor Owens receives Susie Blue Buchanan Award

Award. When I competitions for the Magno- access to the judicial system started practicing lia Bar Association. She has and to providing educational law, I was mindful taught paralegal technology experience to young girls and of the great re- for many years at Hinds women who want to pursue sponsibility inher- Community College. law as a career,” Judge Ow- ent in practicing “As a member of the Na- ens said. law, but also the tional Association of Women Judge Owens in 10 years great responsibil- Judges, I have maintained an as co-chair of the Access to ity of being a role alliance with other women Justice Commission helped model as an Afri- judges to promote women in guide its organization, formu- can American fe- the judiciary and to address lation of recommendations male attorney. As issues impacting women and which have been implement- a role model I the judicial system, from en- ed by the Supreme Court, hope to encourage couraging women to enter the and its continuing work to young women to legal profession to seeking make the courts accessible to pursue their dream ways to advocate for prison all people. She stepped down of being an attor- reform focused on incarcer- as co-chair in July, but re- ney.” ated women and the impact mains a member. Chancellor Denise Owens When Judge Owens was of incarceration on their chil- “Nobody deserves it more was honored for her work as elected Hinds County Chan- dren,” Judge Owens said. than she does,” Access to a trailblazer for other women cellor in 1989, she and Judge “Each day in court, I pre- Justice Co-Chair Rodger Wil- lawyers when she was named Patricia Wise became the first side over cases ranging from der of Gulfport said of Judge the 2016 recipient of the African American female child custody to property Owens’ selection for the Susie Blue Buchanan Award. chancellors in the state. disputes, business matters, award. The annual award present- She has worked to increase divorces and matters of equi- Judge Owens served on ed by the Mississippi Bar's diversity on the bench and ty. The cases I handle reflect the Task Force on Gender Women in the Profession bar by promoting interest in the fabric of life in this coun- Fairness, and the Gender Committee honors an out- careers in law. Judge Owens try, with rich and diverse Fairness Advisory Study standing woman lawyer who and her colleagues organized cultures. Judges, unlike mem- Committee. “Our goal was to has achieved professional a law camp for girls ages 12- bers of the other branches of study and address the per- excellence and has actively 15. Since 2005, she has government, stand apart from ceived effects of gender bias paved the way to success for worked with the National political and partisan ideas. in the judicial system and to other women lawyers. The Association of Women Judg- We must ensure that each educate the bench, bar and award is named for Susie es to present The Color of litigant receives a fair and public about gender fairness,” Blue Buchanan, who a centu- Justice, an annual program impartial hearing with results she said. ry ago became the first wom- which introduces young fe- based upon the law. That is She served in leadership an lawyer admitted to prac- male middle school students the foundation of the public’s roles on the bench, holding tice before the Mississippi to legal careers. trust and confidence in the every office except treasurer Supreme Court. The award She serves as pre-law pro- courts, in which I take great of the Conference of Chan- was presented during the gram adviser and adjunct pride,” Judge Owens said. cery Judges. She became Price-Prather Luncheon at the professor at Tougaloo Col- “My overall goal as an secretary of the Conference Mississippi Bar Convention lege. She is a sponsor of the attorney and judge is to im- of Chancery Judges in 1996, in Destin on July 14. Tougaloo Pre Law Society. prove the judicial system for vice-chair and program chair- Judge Owens said, “It is She helped organize the both the litigants and attor- person in 1998, and chair in truly an honor to be awarded Black Law Student Associa- neys. Most of my time is ded- 2000. She was conference the Susie Blue Buchanan tion and annual mock trial icated to providing better chair for two years. Page 6 October 2016

started the program out of necessity to meet the needs of people who could not afford to hire attorneys. Self- represented litigants struggle to correctly draft legal docu- ments. During a court hear- ing, their lack of knowledge of the law and court rules makes it difficult for them to adequately represent them- selves. “It was frustrating,” Judge Wilson said. “As a judge, I couldn’t help them. I couldn’t be their lawyer.” Having volunteer lawyers to assist low-income people has made a big difference. About 95 percent of the litigants get their matters re- solved on Pro Se Day, Car- Chancellor Marie Wilson, at left, accepts the Beacon of Justice Award from MVLP Board of penter-Sanders said. Directors Chair Mary Clay Morgan and MVLP Board Immediate Past Chair Steven Gray. Judge Wilson practiced law for 24 years before she Chancellor Marie Wilson cery Court’s quarterly pro se the courthouse to meet with took the bench in 2003. She of Greenville was honored clinic for low-income people self-represented litigants and worked with North Mississip- Sept. 15, with the Beacon of is a model for the state, said assist them in correcting pa- pi Rural legal Services, where Justice Award presented by MVLP Executive Director perwork associated with the she became managing attor- the Mississippi Volunteer Gayla Carpenter-Sanders. legal proceedings. Volunteer ney and served on the Board Lawyers Project. Since 2007, Judge Wilson attorneys may explain pro- of Directors. She was a staff The Beacon of Justice has set special times to hear ceedings, provide infor- attorney at the Center for Award recognizes an individ- legal disputes involving liti- mation and answer questions. Constitutional Rights. She ual who has exhibited out- gants who can’t afford to hire The attorneys are not obligat- worked as an assistant public standing leadership in pro- lawyers to represent them. ed to accompany clinic par- defender for Washington moting and supporting equal The special hearing times ticipants to court and file County, as public defender in access to justice, particularly grew into the quarterly Pro documents. The expectation Sunflower County, and as as it relates to pro bono ser- Se Day that is a cooperative is that individuals will be public defender for the vices. The award was among effort of the Washington able to represent themselves Fourth Circuit Drug Court. several presented during the County Bar Association, the in court. She is former vice president third annual Pro Bono University of Mississippi Judge Wilson is on the of the Mississippi Public De- Awards Dinner at the Old School of Law Pro Bono Ini- bench to hear the cases. Most fender Association. She re- Capitol Inn in Jackson. tiative, the Mississippi Center cases involve family law is- ceived a Bachelor of Arts Judge Wilson was recog- for Justice and the Volunteer sues such as no fault divorc- degree in sociology, a spe- nized for her work to assist Lawyers Project. es, child support, visitation cialized certificate in criminal self-represented litigants. The On Pro Se Day, volunteer and name change. justice and a Juris Doctorate Washington County Chan- lawyers and students are at Judge Wilson said she from Rutgers University. October 2016 Page 7

Court of Appeals Judge David M. Ishee of Gulfport, Circuit Judge Dal Williamson of Laurel and Chancellor Cynthia Brewer of Madison County were inducted as Fellows of the Mississippi Bar Foundation on April 14. They were among 20 induc- tees recognized at a dinner ceremony at the Old Capitol Inn in Jackson. Being named a Fellow is the highest honor given by the Bar Foundation. Recipi- ents exhibit “the highest de- gree of devotion to the pro- fession” and reflect the high- est level of competence and professionalism, said Bar Foundation President John H. Daniels III of Greenville. Judge Ishee was appointed to the Mississippi Court of Among 2016 Bar Fellows are, front row, left to right, Tammra O. Cascio, Chancellor Cyn- Appeals in September 2004. thia Brewer, and U.S. Attorney Gregory K. Davis; back row, Court of Appeals Judge David He previously served as Mu- M. Ishee, Anthony L. Farese, Patrick H. Zachary, and Circuit Judge W. Dal Williamson. nicipal Judge for several cit- ies on the Gulf Coast. He practiced law in Laurel for 34 sippi Bar Complaint Tribu- Speaker Philip Gunn of Clin- served for four years on the years. He is former president nal, as an alternate member ton, Trudy D. Fisher of Mississippi Model Jury In- of the Jones County Bar As- of the Commission on Judi- Ridgeland, John M. Alexan- structions Commission, and sociation and served as a Bar cial Performance, and as a der of Cleveland, Mary Lee served as chair of the sub- Commissioner for the 18th member of the Board of Gov- Walker Brown of Hernando, committee which drafted new Circuit District. ernors for the Mississippi Tammra O. Cascio of Jack- model criminal jury instruc- Judge Brewer has served Judicial College. She periodi- son, Andrew T. Dulaney of tions. He also served as chair as a chancellor of the 11th cally serves as a facilitator at Tunica, Anthony L. Farese of of the Bar’s Legal History Chancery District since 2007. the National Judicial College Ashland, W. Howard Gunn Committee. He taught as an She previously served four in Reno, and taught a course of Aberdeen, Robert E. Hau- adjunct professor at Missis- years as Madison County about self-represented liti- berg Jr. of Jackson, Jennifer sippi Gulf Coast Community Court and Youth Court gants. Before she was elected Ingram Johnson of Hatties- College and at the University Judge. She is former chair of to the bench, she served as a burg, Goodloe T. Lewis of of Southern Mississippi Gulf the Conference of Chancery special master in Chancery Oxford, J. Reilly Morse of Coast campus. Judges. She served on the Court, and as a municipal, Biloxi, Joseph E. Roberts Jr. Judge Williamson was Commission for Study of county and Youth Court pros- of Jackson, Thomas B. Shep- elected to the 18th District Domestic Abuse Proceedings ecutor in Hinds County. herd III of Jackson, Michael Circuit Court of Jones Coun- and on the Termination of Other 2016 Bar Fellows B. Wallace of Jackson and ty in 2014 and took office in Parental Rights Study Group. are U.S. Attorney Gregory K. Patrick H. Zachary of January 2015. He previously She has served on the Missis- Davis of Jackson, House Hattiesburg. Page 8 October 2016

Chancery, Circuit judges elect conference officers Working Interdisciplinary Network of Guardianship Stakeholders. He served as president of the Neshoba County Bar Association and vice-president of the Choctaw Bar Association. Judge Hatcher has served as a chancellor for nine years in the First Chancery District. He served for 16 years as city prosecutor for Baldwyn, city attorney for Marietta, and Prentiss County prosecutor. He was town attorney of Farmington for eight years. He is former president of the Conference of Chancery Judges Chancellor Joseph Kilgore, vice-chair; First Judicial District Bar Chancellor Jacqueline Mask, chair; and Chancellor John Hatcher, secretary-treasurer. Association. Judge Harrell previously Mississippi trial court lor of the First Chancery Dis- litigants. served as vice-chair of the judges elected officers at the trict, which includes Alcorn, Judge Kilgore has served Conference of Circuit Judges. Spring Trial and Appellate Itawamba, Lee, Monroe, for six years as a chancellor He is senior circuit judge of Judges Conference in Biloxi Prentiss, Pontotoc, Tishomin- of the Sixth Chancery Dis- the 15th Circuit District, on April 27. go and Union counties. She trict, which includes Attala, which includes Jefferson Da- Chancellor Jacqueline Mask has served as a chancellor for Carroll, Choctaw, Kemper, vis, Lamar, Lawrence, Mari- of Tupelo was elected chair more than 17 years. She is co Neshoba and Winston coun- on and Pearl River counties. of the Conference of Chan- -chair of the Access to Justice ties. He previously served as He has served for more than cery Judges. Chancellor Jo- Commission, and has taken a a special master in Chancery nine years as a circuit judge. seph Kilgore of Philadelphia leading role in efforts to Court and as a Kemper Coun- He previously served for nine was elected vice-chair, and make the judicial system ty Youth Court referee. He is years as county attorney for Chancellor John A. Hatcher more accessible to pro se a member of WINGS, the Lamar County. of Booneville was elected secretary-treasurer. Circuit Judge Prentiss G. Harrell of Hattiesburg was elected chair of the Confer- ence of Circuit Court Judges. Circuit Judge Winston Kidd of Jackson was elected vice- chair, and Circuit Judge John Emfinger of Brandon was elected secretary-treasurer. Judge Mask previously served as vice-chair of the Conference of Chancery Judges. She is senior chancel- Judge Prentiss Harrell Judge Winston Kidd Judge John Emfinger October 2016 Page 9

dent of MADCP. Rankin County Juvenile Drug Court Coordinator Paul Bowen is MADCP secretary. Cleve- land attorney Arthur Calde- ron is treasurer. New MADCP Board mem- bers are Maryam Husband of Vicksburg, coordinator of the 9th Circuit Drug Court, and Madison County Juvenile Drug Court Coordinator MADCP officers are, left to right, President Tamela Hardy, Vice President Lucy Davenport Amy Nisbett. Hinds County and Secretary Paul Bowen. They took office Aug. 25 at the MADCP Conference. Justice Court Judge Frank Sutton, who served two years Fourth Circuit Drug Court vice-president, secretary and trict that includes Leflore, as MADCP president, also Coordinator Tamela Hardy of at-large member of the Sunflower and Washington became a member of the Greenville is the new presi- MADCP Board of Directors. counties. board. dent of the Mississippi Asso- She was a case manager for Lucy Davenport of Hatties- MADCP elected officers ciation of Drug Court Profes- the 4th Circuit Drug Court burg, Drug Court coordinator Aug. 25 during its Twelfth sionals. before she became Drug for the 12th Circuit Drug Annual Conference in Tupe- Hardy previously served as Court coordinator in the dis- Court, is the new vice presi- lo. Officers serve two years.

Conference officers, continued

Judge Kidd has served as a circuit judge of the Seventh The Supreme Court ap- Circuit District of Hinds pointed five new members to County for more than 15 the Bar Complaint Tribunal years. He teaches pre-trial in August, and reappointed practice at Mississippi Col- four members. lege School of Law. He is New appointees are Circuit former president of the Mag- Judge Prentiss Harrell of nolia Bar Association. Hattiesburg, Circuit Judge Judge Emfinger has been a Andrew K. Howorth of Ox- circuit judge of the 20th Cir- ford, John R. Reeves of cuit Court District of Rankin Jackson, Daniel H. Sparks of and Madison counties for Oxford, and Austin Vollor of more than five years. He pre- Starkville. Judge Andrew Howorth Judge Melvin Priester Sr. viously served for 14 years as Chief Justice Bill Waller Jr. on assistant district attorney for Aug. 29 reappointed Hinds terms will conclude Aug. 31, the Supreme Court from three the 20th District. He worked County Court Judge Melvin 2019. Supreme Court districts. The for nearly 10 years as a spe- V. Priester Sr., Willie Griffin The 27-member Complaint Complaint Tribunal sits in cial assistant attorney gen- of Greenville, L. Clark Hicks Tribunal is made up of nine panels of three, with each eral. He was a staff attorney Jr. of Hattiesburg, and Joseph judges and 18 lawyers select- panel comprised of two attor- in the office of the Secretary Kelly of Liberty. Three-year ed by the nine members of neys and one judge. Page 10 October 2016

Website ms.freelegalanswers.org/ begins operation to help the poor

ing to Access to Justice Com- mission Executive Director Tiffany Graves. Free Legal Answers does not deal with criminal law. The Access to Justice Commission also wants to develop a web application to guide self-represented liti- gants through civil court pro- ceedings in Chancery Court. Thomas Ortega of Phoe- nix, Ariz., owner of Ome- gaOrtega.com, has volun- teered to develop the web application for free. Ortega met with Access to Justice members May 24. Graves said she hopes that An online free civil legal law questions including fami- icate correction as well as the web application will pro- website recently began opera- ly law matters such as di- domestic violence, bankrupt- vide information about how tion to assist poor people. vorce, custody, child support, cy, consumer issues, educa- to file documents, required Volunteer Mississippi attor- visitation, guardianship, tion, employment, housing, filing fees, procedures to set a neys will answer civil legal emancipation, adoption, workers compensation, wills case for hearing and other questions via e-mail through name change and birth certif- and estate planning, accord- general information. ms.freelegalanswers.org/. The Access to Justice Commission and the Missis- sippi Volunteer Lawyers Pro- ject launched the website on Aug. 22. The program is modeled on one started in Tennessee in 2011. The for- mat was so successful that the American Bar Associa- tion’s Standing Committee on Pro Bono and Public Ser- vice in May approved a pro- posal to begin implementa- tion of a national interactive pro bono website. Twelve other states have a Free Legal Answers website, and 21 more are expected to have the service available soon. The service answers civil October 2016 Page 11

Chancellor Mask becomes a leader of Access to Justice

recently helped to coordinate Bar, served as co-chair of the two legal clinics, and was Commission 2006-2010. instrumental in establishing a Keys, executive director of new program to assist home- Delta Community Partners in less individuals with legal Care in Clarksdale, joined the issues. New member Faith Commission in August 2009. Garbin of Pascagoula is the The Supreme Court reap- manager of the Jackson pointed Commission mem- County Public Law Library. bers including Court of Ap- She manages operations of peals Judge Donna Barnes of the law library and assists the Tupelo, Chancellor Deborah general public and legal com- Gambrell of Hattiesburg, munity in finding and using Harrison County Court Judge legal resources. For the past Margaret Alfonso, Rep. two years, Garbin helped the Thomas U. Reynolds of Access to Justice Commis- Charleston, Rep. David Baria sion and the Young Lawyers of Bay St. Louis, Women’s The Supreme Court ap- time the Commission was Division of the Mississippi Foundation of Mississippi pointed Chancellor Jacquel- created in 2006. Judge Ow- Bar to provide two Lawyers Deputy Director Jamie Bard- ine Mask of Tupelo as co- ens remains a member. in the Library events to pro- well of Jackson, attorney chair of the Access to Justice Justice Dawn Beam of vide free legal advice. Edderick “Beau” Cole of Commission and reappointed Sumrall was appointed to The Supreme Court ap- Jackson, attorney and former Rodger Wilder of Gulfport as replace Presiding Justice Jess pointed Baker and Garbin to WLBT News Director Den- co-chair in August. H. Dickinson, who served on replace Commission mem- nis Smith of Jackson, and Judge Mask took the lead- the commission for 10 years. bers Joy Lambert Phillips of Michael L. Jones, Associate ership position that Hinds New member Assistant Gulfport and Lela Keys of Director of Medical Clinical County Chancellor Denise District Attorney Alison Clarksdale. Phillips, former Operations for UnitedHealth Owens had held from the Bryant Baker of Gulfport president of the Mississippi Group.

Three new members appointed to Commission on Children’s Justice

The Supreme Court on sic Medicine at University of mission position formerly Beam said. “We are excited Oct. 3 appointed three new Mississippi Medical Center held by Dr. John Pruett, who about adding them to this members to the Commission and director of the Children’s has moved. Irwin and Rob- commission.” on Children’s Justice. Justice Center. ertson take newly created The Commission works to New members are attorney Justice Dawn Beam was positions. Their terms are for develop a statewide, compre- Lyndsy Irwin of Jackson, appointed co-chair of the two years. hensive approach to improv- who works for the Child Sup- Commission on March 31. Justice Beam said that the ing the child welfare system. port Division of the Missis- She shares commission lead- new appointments will ex- The Commission expects to sippi Department of Human ership with Rankin County pand the knowledge and ex- recommend changes to im- Services; attorney Craig Rob- Court and Youth Court Judge pertise of the Commission as prove children’s safety, ertson of Ridgeland, co- Thomas Broome. Commis- it works to improve the lives strengthen and support fami- founder of the private adop- sioner of Child Protection of Mississippi’s children. lies and promote public trust tion agency 200 Million Services Dr. David Chandler “These three people are on and confidence in the child Flowers; and Dr. Scott Ben- also was appointed to the the front lines of making a welfare system. ton of Jackson, chief of the Commission March 31. difference in the lives of our

Division of Pediatric Foren- Dr. Benton takes the Com- children every day,” Justice Page 12 October 2016

Mental Health Court starts in 15th District Drug Court

Court received a support specialist will work The 15th Circuit covers grant which will with the participants to im- Jefferson Davis, Lamar, Law- fund mental health prove participation in recov- rence, Marion and Pearl Riv- treatment and sup- ery support services. er counties. port. The Recovery Support The funding is from the The grant for Project will enhance the Federal Adult Drug Court $300,000, spread over court's ability to provide evi- Discretionary Grant Program. three years, will pro- dence-based recovery sup- Judge Harrell said, “I am vide a therapist on ports in order to reduce re- genuinely appreciative for site as well as a peer lapse and recidivism. Treat- this grant funding. It comes at support specialist. ment through therapy and a time in our state when men- The therapist, from social services will give par- tal health support services are Pine Belt Mental ticipants with co-occurring increasingly inaccessible and Healthcare Re- conditions the support and cost prohibitive. Our Recov- sources, will provide tools needed for successful ery Support Project has im- open access to on- drug court compliance and mense potential to positively site mental and be- long term recovery. impact participants because havioral health coun- The program will begin substance abuse and mental seling for Drug Oct. 30, said Circuit Judge health disorders often go The 15th District Drug Court participants. The peer Prentiss Harrell. hand in hand.”

Supreme Court adopts Youth Court rule amendments on GAL, prosecutors

The Supreme Court on of Child Protection Services guardian ad litem communi- ration of powers. This makes Oct. 20 adopted amendments is a necessary party when cations with a judge are not it crystal clear what has to be to the Uniform Rules of they are the legal or physical ex parte. done.” Youth Court Practice. custodians of a child. Addi- Amendments to Rule 8 Charlton drafted proposed Judge Thomas Broome tionally, the role of the guard- say that the youth court pros- amendments which were sub- said, “These changes reflect ian ad litem is more fully ecutor must decide whether mitted to the Supreme Court current practice updates as defined and explained to the to initiate formal proceedings after extensive discussions mandated from the state and children and families,” Judge in delinquency, child in need with a study committee. federal level. These include Broome said. of supervision, abuse and Judge Broome said, “As statutory and regulatory mod- Rule 13 (c) says the GAL neglect cases. Resident Jurist Chair of the Council of ifications that have occurred “shall inform the child and John Hudson said one of the Youth Court Judges, I ex- since the inception when the the parent(s), or custodian(s) reasons for the language was press my sincere appreciation rules were initially devel- that the role of the guardian to require a decision from to the Mississippi Supreme oped. Also, changes have ad litem is to act as an arm of prosecutors so that no case Court for their willingness been made as a result of Mis- the court in protecting the might remain in limbo. “This and desire to improve our sissippi Supreme Court and interest of the child, and not requires them on a time line judicial procedures and rules Court of Appeals deci- as the parties’ attorney, and to make a decision.” to strengthen families, as well sions. The modifications that any statements made to Mississippi Judicial Col- as provide access to the continue to improve the judi- the guardian ad litem affect- lege Staff Attorney William courts. The state of Missis- cial process for children and ing the health, safety, or wel- Charlton said the change with sippi is fortunate to have ju- families. fare of the child will be re- regard to the role of the pros- dicial leaders at the highest “The rules now clarify that ported to the court.” Com- ecutor “clarifies existing levels who have passion for the Mississippi Department ments to Rule 13 (c) state that practices regarding the sepa- children's issues.” October 2016 Page 13

Governor calls for faith-based efforts to improve foster care

Improving foster care for children is something that government can’t do alone, Gov. Phil Bryant told a plan- ning meeting to recruit more foster parents in Jackson Sept. 9. The Governor, the Com- missioner of Child Protection Services and leaders of the faith-based initiative known as Rescue 100 called upon churches and families to be- come involved in efforts to recruit, train and support fos- ter parents. Gov. Bryant said the thing he wants most to accomplish during his eight years in of- fice is to improve the foster care system. But, he said, “The answer is not in the Justice Dawn Beam talks to Gov. Phil Bryant before a Sept. 9 Rescue 100 planning meeting. Governor’s office, the Capi- tol, the Legislature. It is here with the church. When you youngest and dearest among nity and the private sector. children than licensed foster step forward, things will us.” Rescue 100 held a week- homes in the area. There are change. We have been called Gov. Bryant, Chief Justice end intense training for pro- 272 licensed resource homes to save the lives of the Bill Waller Jr., Justice Dawn spective foster parents Oct. in those same counties. Beam, Child Protection Ser- 21-23 at Mississippi College. “Kids die,” Walley said. vices Commissioner Dr. Da- Programs were held earlier in “It is not an exaggera- vid Chandler and Jamie Wal- Gulfport and Hattiesburg. tion....Lives are at stake and ley, student and missions The lives of abused and that is real….It’s not a statis- pastor at Meadow Grove neglected children are at tic. These are real kids that Baptist Church in Brandon, stake, Dr. Chandler said. “A have names and deserve a talked about efforts to in- 3-month-old child with a home.” crease the number of licensed drug-addicted mother has no Licensing for foster homes foster homes during a Rescue chance but for you.” used to take many months. In 100 Vision meeting Sept. 9 There were 1,096 children an effort to address the need at the Mississippi Supreme in foster care in Attala, for more foster parents, Res- Court. Justice Beam, co-chair Hinds, Holmes, Issaquena, cue 100 packs into three of the Commission on Chil- Leake, Madison, Rankin, days all the classes required dren's Justice, is spearheading Scott, Sharkey, Warren and for people to be licensed as organization of Rescue 100 Yazoo counties in September, foster parents. programs. said Chris Alexander, spokes- “If one family from every Rescue 100 is a collabora- person for the Mississippi church in the state of Missis- Commissioner Dr. David Chan- tive effort among govern- Department of Child Protec- sippi would be a resource dler discusses foster care. ment, the faith-based commu- tion Services. There are more Continued, Page 15 Page 14 October 2016

Court on the Road has a full fall schedule of campus visits

Court of Appeals Judges Jack Wilson, Donna Barnes and Jim M. Greenlee listen to oral arguments on the MUW campus. The Mississippi Court of first woman justice of the studies Appeals heard oral arguments Supreme Court, Chief Justice and politi- at Mississippi University for Lenore Prather, is a “W” cal science Women on Oct. 3, and will graduate, and that Judge programs travel to Mississippi Valley Mary Libby Payne, the first and high State University on Nov. 10 woman on the Court of Ap- school and Mississippi State Univer- peals, attended MUW. Jus- students sity on Nov. 16. tice Kay Cobb, the second from the The Court of Appeals trav- woman justice of the Su- Mississip- els to college campuses to preme Court, also is a “W” pi School educate students about the graduate. for Mathe- judicial system and the role Judge Jack Wilson, who matics and of appellate courts. The Court arranged the Court on the Science Sophomore legal studies student Chris Sanders, on the Road program gives Road visit to MUW, told stu- watched at left, talks to judges on the way to lunch. students and the general pub- dents, “It’s obviously differ- the pro- lic an opportunity to see and ent than what you see on ceedings. Judges answered courtroom on a shoestring understand the workings of TV.” questions from students after budget with lots of elbow the appellate court. University Counsel Karen oral arguments. Students grease applied to hand–me- It was the Court’s first visit Clay said, “The university is asked what is a JNOV and down furnishings. Staff hand- to MUW. Judge Donna very appreciative of the court what does de novo mean, sanded the woodwork and Barnes said, “Thank you for and Judge Jack Wilson for among others. stained chairs. For the previ- inviting us to be here. The making this possible. It is Judges ate lunch with stu- ous three years, students university has played a vital good for our students to see dents in the cafeteria and practiced in a computer lab. role in the history of this what the appellate process toured MUW’s new moot Some did not see a courtroom court and the Supreme looks like.” courtroom in Reneau Hall. setting until competition. Court.” She noted that the Students in MUW’s legal Staff furnished the moot October 2016 Page 15

Retired Circuit Judge Marcus Gordon died May 26, 2016 Retired Circuit Judge Mar- retirement, Judge Gordon office of the court.” cus D. Gordon was remem- was the longest serving trial That same firm hand pre- bered as an iconic character judge in Mississippi. vailed at home, said his son, who was larger than life. Chief Justice Waller said, Craig Gordon. “He was hard- He died May 26, 2016, less “Judge Gordon also had the er on us than he was ever on than three months after he distinction of presiding over anyone he sentenced in retired from the Eighth Cir- one of the highest profile court,” the younger Gordon cuit Court bench where he trials in Mississippi in recent recalled. had served for 37 years. He decades: the trial of Edgar “It is because of so many was 84. Ray Killen. The nation’s people assembled here today “His legacy is his dedica- spotlight turned to his court- that Marcus Gordon was tion to a life of public service. room in Neshoba County. driven to succeed in his ca- We are grateful for his life Under his firm hand, the reer and he leaves a legacy,” and service to the people of proceedings were conducted Craig Gordon told a standing 1959 and was admitted to the the state of Mississippi,” with dignity and decorum. He room only crowd at First bar that year. He earned a Chief Justice Bill Waller Jr. ran his courtroom with a firm Baptist Church of Union. His juris doctorate from Ole Miss said during the May 29 funer- hand. He commanded respect father also credited his wife in 1967. al in Union. At the time of his not for himself, but for the of 60 years, Polly Gordon, He practiced law with his saying that he “would have brother, Rex Gordon Sr., been nothing” without her. representing the Newton Rescue 100, continued from Page 13 U.S. Rep. Trent Kelly, a County Board of Supervisors, family friend, said, “Judge municipalities, school boards family, there would be a was a miracle.” Gordon was iconic. He was and hospitals. He was county waiting list” to become foster Judge Broome, co-chair of legendary. He was larger than prosecutor for Newton Coun- parents, Walley said. the Mississippi Commission life. But he was a simple ty for four years. He served Walley knows that he is on Children's Justice, said, man. He was caring. He was as district attorney for six and asking people to do some- “There is a huge need for compassionate....He had wis- one-half years in the Eighth thing extremely difficult. He quality foster homes for our dom beyond belief.” Circuit District of Newton, and his wife Stephanie are children because they are Judge Gordon was born Neshoba, Scott and Leake licensed foster parents. “It’s being removed from homes Oct. 22, 1931, near Union. counties. Gov. Cliff Finch the hardest thing I’ve ever where they have been abused He attended East Central Jun- appointed him circuit Judge done,” he said. and neglected. They need ior College on a basketball on March 4, 1977. Judge The little boy in their fos- foster families who will pro- scholarship. He served four Gordon returned to private ter care came to them as a vide loving care, nurturing years in the U.S. Air Force as law practice with his nephew baby with severe medical and support. an airplane mechanic as- in 1987, then was reelected problems. He was expected to “This effort today is an signed to the Strategic Air circuit judge in 1991. need a kidney transplant. He outstanding opportunity for Command during the Korean In addition to his wife Pol- had to be fed through a tube. churches and families to be- Conflict, then returned to ly Gordon and son Craig They hope to adopt him. come part of the solution and East Central to complete an Gordon of Oxford, Judge Rankin County Court provide these children with Associate Degree. Later in Gordon is survived by sons Judge Thomas Broome said hope,” Judge Broome said. his career, he taught govern- Darin Gordon of Corinth, later, “They took in a medi- “You can make a differ- ment there and served on the Texas, and Brian Gordon of cally needy child who would ence,” Justice Beam said. ECCC Board of Trustees. Union, daughter Teresa Gor- be dead but for their care. “Our communities need to He earned a baccalaureate don Parker of Louisville, Now that young man is thriv- wrap around these families. It degree in business admin- nephew Rex Gordon Jr. of ing and has an opportunity takes all of us as Mississippi- istration and law from the Union, four grandchildren for a wonderful life. It truly ans.” University of Mississippi in and four great-grandchildren. Page 16 October 2016

Corinth courtroom gets portrait of Judge Noah “Soggy” Sweat

The hanging of a portrait fessional, and a stickler for of Circuit Judge Noah S. obeying the law....In terms of “Soggy” Sweat Jr. in the Al- dress, conduct, practice and corn County courtroom everything else, he was ahead where he once presided was a of his time.” celebration of his life and Judge Sweat worked to work to create a higher stand- renovate courtrooms and ard of professionalism. courthouses in the seven “Judge Sweat was an inno- counties of the First Circuit vator and a man of high in- District. U.S. District Judge tegrity who brought decorum Neal Biggers recalled reno- and initiative to the First Ju- vations that Judge Sweat had dicial District,” Chief Justice done to the Corinth court- Bill Waller Jr. said. room. The work buffered Judge Sweat served as a noise of passing trains and legislator, district attorney, allowed people to enter and judge and law professor. He leave without disturbing the founded the Mississippi Judi- court. cial College in 1970. Judge Roberts said, “Every Mississippi Judicial Col- time I walk in it, I see him in lege Director Randy Pierce my mind. Now everyone else said, “Judge Sweat’s impact will.” on the judiciary is immeasur- Sweat is well remembered

able. His vision and leader- for his 1952 “Whiskey Speech” Photo by Megan French ship led to the establishment about prohibition, made when Noah Spurgeon Sweat Jr. attorney for the First Judicial of the Judicial College. Thou- he was a young legislator. grew up in Corinth. The District from 1955 until sands of judges and court Former Rep. Ed Perry of Ox- World War II veteran 1962, and was circuit judge personnel have been the ben- ford recited the classic speech. earned a Bachelor of Science 1963 to 1970. eficiaries of his contribution While historical accounts degree in 1946 and a law Judge Sweat began teach- to our great state. No doubt, indicate that Sweat spent degree in 1949 from the ing third year law students thousands more will be im- weeks perfecting the Whis- University of Mississippi. part-time, and was asked to pacted.” key Speech, he was given to He earned an LLM degree join the law school full time. Senior Circuit Judge off the cuff commentary. from George Washington In 1970, he resigned the Thomas Gardner III arranged Judge Roberts said, “He University in 1952. He also judgeship to become a law the Oct. 25 portrait hanging. told me himself that if he pursued international studies professor at the University of “He was quite an individual heard an interesting story or at the Academy of Interna- Mississippi, where he found- and left his mark on the judi- saw an anecdote...he made a tional Law in the Hague in ed the Judicial College. He ciary of the state,” he told the note. When he went home, he 1952 and at the University of later founded training pro- Daily Corinthian. dropped it in a box or sack.” Paris in 1952 and 1953. After grams for prosecutors and Artist Robbie Boyd of The sought after speaker’s he was elected to the bench, court reporters. He was resi- Pontotoc painted the portrait preparation was pulling a he studied at the University dent judge at the Institute for from a photo. handful of notes from the of Colorado in 1964. Court Management, visiting Circuit Judge Jim Roberts collection. He served in the House of professor at the University of of Pontotoc said, “He was all “He had a great sense of Representatives from 1948 to Dijon School of Law, and on about professionalism and humor. He loved to travel and 1952. He was prosecuting the faculty of the Federal doing the best job you possi- converse, and when he attorney for Alcorn County Judicial Center. bly could to always be pro- talked, everybody listened.” 1953 to 1955, was district Judge Sweat died in 1996.