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Mississippi Courts -October 2019

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Mississippi Courts -October 2019 Mississippi Courts October 2019 Published by the Administrative Office of Courts Judge Keith Starrett honored with 2019 Chief Justice Award Court Chief Justice Mike have led to the restoration drug courts statewide. Al- Randolph presented the of countless lives and the most 4,000 people are en- award during the Missis- reunification of innumera- rolled in drug court pro- sippi Bar Convention. ble families. You have grams. The successful Judge Starrett was rec- worked tirelessly to bring drug court model in recent ognized for his leadership reform to our courts and years expanded into a and innovation as founder redemption to the lives of broader program of prob- of the state’s drug court those who have strayed.” lem solving courts, first program, for his work to Judge Starrett launched with the development of a implement criminal justice the Drug Court movement few veterans drug court reforms, and for his con- in Mississippi 20 years ago programs, then a more re- tinuing efforts to imple- as a Circuit Court judge cent push to create mental ment reentry programs that with his creation of the health courts. reduce recidivism and help state’s first felony adult Judge Starrett served on former offenders become Drug Court in the 14th Cir- the Board of the National U.S. District Judge productive citizens. cuit District of Lincoln, Association of Drug Court Keith Starrett of the South- In presenting the award, Pike and Walthall coun- Professionals for eight ern District of Mississippi Chief Justice Randolph ties. Judge Starrett started years and was Board Chair received the 2019 Chief read from the plaque: the program with no fund- for two years. He was se- Justice Award on July 12. “Your efforts have impact- ing and no statutory frame- lected for the Goldstein Mississippi Supreme ed thousands. Your actions work. Now there are 40 Continued on back, Page 16 GAP Act effective Jan. 1, 2020 to protect children, vulnerable adults Gov. Phil Bryant ceremonially signs the GAP Act on May 29. He is flanked by Lt. Gov. Tate Reeves and members of the Commission on Guardianship and Conservatorship. See story, Page 2. Page 2 October 2019 Guardianship and Conservatorship Commission work changes laws Gov. Phil Bryant on ry framework, modern and places the well-being of nel on how the court’s May 29 included the Mis- enforceable reporting re- the person on the same computer system will as- sissippi Guardianship and quirements, comprehen- footing as their assets, sist judges in overseeing Conservatorship Act in bill sive court monitoring pro- which is huge for ensuring the care of our citizens,” signing ceremonies. cedures, state driven ac- daily needs such as food, Justice Beam said. “It has been a long time countability measures, pro- housing and medical care MEC is working to de- coming,” Gov. Bryant said tection of the ward’s fun- are met for vulnerable velop and implement a before he ceremonially damental rights, and trans- children and adults.” management information signed the GAP Act. He parency from all parties. The new law also allows system that will automate officially signed the legis- The old statutes are con- judges to tailor guardian- many of the notifications lation into law on April 16. fusing and vague, said ship and conservatorship for annual well-being re- The new laws will go into Chancellor Joseph Kilgore orders to the needs of the ports and accountings re- effect Jan. 1, 2020. of Philadelphia, co-chair person, allowing vulnera- quired under the GAP Act. “The purpose is to pro- of the Commission sub- ble adults to maintain Pilot programs utilizing tect the most vulnerable,” committee on estate guard- some independence. Jus- the management infor- said Justice Dawn Beam, ianships. Nothing in the tice Beam said, “Judges mation system are under- co-chair of the Commis- old statutes told a conser- now have options for re- way in the Sixth and Tenth sion on Guardianship and vator exactly what they specting the dignity of the Chancery Courts. Conservatorship. could or could not do. “I person by recognizing Justice Beam thanked State laws of guardian- truly feel that this bill there are varying degrees the Governor, legislators ships and conservatorships makes great strides in the of disabilities. This allows and members of the Com- had not been substantially protection of the most vul- the court to tailor the re- mission for their work. She changed in more than 30 nerable people among us,” strictions on the ward’s thanked the Mississippi years. Provisions for over- Judge Kilgore said. rights, providing protec- Medical Association, the sight, monitoring and ac- Chancellor Catherine tions where needed while Bankers Association, countability were lacking. Farris-Carter of Cleveland, allowing the ward to main- AARP and disability ad- There were incidents of co-chair of the adult tain independence when vocates whose help was fraud and abuse of vulner- guardianship subcommit- possible.” The GAP Act vital. able people. The Supreme tee, has seen cases in sets out a process for end- Judicial College Execu- Court on April 13, 2017, which family members ing legal restrictions when tive Director Randy created the Mississippi misused a ward’s re- the ward recovers from an Pierce, co-chair of the Commission on Guardian- sources. “They absolutely impairment. Commission, said, “This is ship and Conservatorship waste and squander the Chancellor Farris-Carter a perfect example of how to develop recommenda- resources.” said, “The thing that I am the private sector and the tions to improve the way Jackson elder law attor- most excited about is that public sector can come the courts protect children, ney Richard Courtney, co- we finally have a process together to protect the most vulnerable adults and es- chair of the subcommittee in place wherein consider- vulnerable.” tates. on estate guardianships, ation has to be given to the Other members of the The Commission made said, “For years, lawyers desires and wants of the Commission are Chancel- recommendations after have struggled to deal with ward. Just because they lors Deborah Gambrell, nearly two years of intense outdated guardianship and have a physical limitation Lawrence Primeaux and study. The Legislature conservatorship proce- doesn’t mean they have George Ward and former passed Senate Bill 2828, dures. This GAP Act will mental limitations.” Chancellor Sanford Steck- introduced by Sen. Joey systematize the procedures Mississippi Electronic ler; Resident Jurist John Fillingane. The GAP Act, for accountability and Courts provides a mecha- Hudson; Commissioner of for “guard and protect,” oversight of children and nism for monitoring and Child Protection Services aims to improve court pro- adults under guardianships tracking guardianships and Jess H. Dickinson; attor- cesses for protecting chil- and conservatorships.” conservatorships. With the ney Anna Claire Steel of dren and vulnerable adults The new law goes be- GAP Act set to go into CPS; attorneys Gray Ed- and their assets. The Com- yond accounting for mon- effect in January 2020, mondson of Oxford, Tiffa- mission recommended a ey and possessions. Justice “we will have plenty of ny Graves of Jackson, Da- clear and workable statuto- Beam said, “The GAP Act time to train court person- Continued on Page 3 October 2019 Page 3 Chancellor Deborah Gambrell and Shakita Taylor Ellen Robb Seth Shannon Chancellor Deborah Award is given annually to courages attorney involve- is on the leadership team Gambrell of Hattiesburg a member of the judiciary ment in pro bono represen- of the Mississippi Family was honored Sept. 12 with who provides outstanding tation. Judge Gambrell First Initiative pilot pro- the Mississippi Volunteer leadership in promoting worked with Christian Ser- gram for Pearl River Lawyers Project’s Beacon and supporting equal ac- vices of Hattiesburg, Legal County. She serves on the of Justice Award. cess to justice, said Sam Services and the South Commission on Guardian- Others honored were H. Buchanan of Hatties- Central Bar to organize ship and Conservatorship. attorneys Shakita Taylor of burg, Executive Director extensive pro bono efforts She served on the Board of Hattiesburg, Ellen Robb of of the Mississippi Center and works with pro se clin- Directors of South Missis- Ridgeland and Seth Shan- for Legal Services and a ics. She assisted in devel- sippi Legal Services for non of Jackson, the Lee member of the MVLP oping templates to assist more than 10 years. County Bar Association, Board of Directors. Judge self-represented litigants in Pro Bono Awards rec- and the law firm of Brad- Gambrell is an advocate the 10th Chancery, and ognize attorneys, law firms ley Arant Boult Cum- for ensuring access to jus- shared the value of tem- and legal organizations mings. The awards were tice for all and a leader in plates with her fellow involved in significant pro presented during the annu- organizing programs to judges across the state. bono efforts, said MVLP al Pro Bono Awards Re- provide legal help. As sen- Judge Gambrell is a Executive Director Gayla ception in Jackson. ior chancellor of the 10th member of the Access to Carpenter-Sanders. The Beacon of Justice Chancery District, she en- Justice Commission. She Taylor “has maintained a consistent presence with MVLP for the last dec- Guardianship and Conservatorship, continued from Page 2 ade,” Carpenter-Sanders said. Taylor handled more than a dozen cases for vid Marchetti of Jackson, ton; attorney and Missis- County Chancery Clerk’s MVLP clients, including John Smallwood of sippi Bankers Association Office; and former Coa- divorce and child support Hattiesburg and Bob Willi- member Nicole Lewellyn; homa County Chancery cases. Recently, she was ford of Ridgeland; State Micah Dutro of Disability Clerk Ed Peacock III. able to obtain visitation Board of Education mem- Rights Mississippi; De- Commission staff are rights for a father who had ber Johnny Franklin; Spe- partment of Mental Health attorney Whitney Griffin, been unable to see his cial Assistant Attorney Division of Children and Supreme Court Central daughter.
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