Courts

October 2017 Published by the Administrative Office of Courts Chief Justice of the U.S. helps celebrate Mississippi Judiciary Bicentennial

The Chief Justice of the John G. Roberts, Jr., helped the bench and bar celebrate the Bicentennial of the Mississippi Judiciary on Sept. 27. Chief Justice Roberts told more than 500 law- yers at an evening banquet that state courts have the largest role in handling legal matters. "I am always conscious that since the earliest days of this coun- try, the overwhelming por- tion of the legal and judi- cial business of our citi- zens has been handled in the courts of our states, and therefore, it is indeed a privilege to help celebrate the 200th year of such Above, the Moot Court work here in Mississippi," panel listens to arguments he said. from Lindsay Roberts of The Bicentennial of Mississippi College School of Mississippi's Judiciary and Law. The panel includes, left Legal Profession Commit- to right, Mississippi Court of tee hosted the banquet. Appeals Chief Judge L. Jo- Chief Justice seph Lee, U.S. District Judge Louis Guirola Jr., Mississip- Jr. noted that Chief Justice pi Supreme Court Chief Jus- Roberts is only the third tice Bill Waller Jr., Chief sitting Chief Justice to vis- Justice of the United States it Mississippi. Chief Jus- John G. Roberts Jr., Chief tice Salmon P. Chase visit- Judge Carl E. Stewart of the ed the state in 1865, weeks Fifth U.S. Circuit Court of after the end of the Civil Appeals and U. S. District War. Chief Justice Warren Judge Sharion Aycock. At Burger spoke in Jackson left, Chief Justice Roberts, on March 8, 1976, at a din- presiding over the panel of judges, asks a question dur- ner honoring Sen. James ing the Moot Court competi- O. Eastland. tion. Continued on page 2 Page 2 October 2017

Meredith Pohl and Missis- sippi College School of Law students Patrick Fields and Lindsay Rob- erts. As the panel with- drew to deliberate, the au- dience burst into applause. The Ole Miss team won. “It was a very realistic duplication of how we do it in Washington,” Chief Justice Roberts said, ex- cept for the applause. “I think we appropriately challenged the advocates. We were much more polite than in Washington.” He encouraged any visitor to the nation’s Capital to see Waiting to take the oath to practice before the U.S. Supreme Court are, left to right, Gabe an oral argument. “It's the Goza, Amanda Woodruff, Rob Nations, Lisa Counts, Shalon Wansley, Dan Edwards and best show in town.” Jennifer Malik. Others, not pictured, who took the oath are Judge Jim Greenlee, Judge La- “All of you did hit some trice Westbrooks, Elizabeth Archer, Michael Brown, Chad Byrd, Adrienne Dupre’, Drew very high points as to the Guyton, Ann Maree Heidke, Christen Kazery Hobbs, Stephanie Ingram, Matt Steffey, Alex- skill of advocacy,” Chief ander Sullivan, Ashley Sulser and Katharine Surkin. Justice Roberts told the Chief Justice Roberts es that included Chief the U.S. District Court for students. Recalling his swore in 19 appellate court Judge Carl E. Stewart of the Southern District of own moot court experience staff attorneys and law the Fifth U.S. Circuit Mississippi. as a law student, he said, clerks and two judges to Court of Appeals, Chief “It's a very distinguished “You might be interested practice before the U.S. Justice Waller, Mississip- bench and I am very proud to know I was eliminated Supreme Court, visited pi Court of Appeals Chief and privileged to sit with in the first round.” with Supreme Court and Judge L. Joseph Lee, Chief these formidable judges,” Judge Guirola told the Court of Appeals judges Judge Sharion Aycock of Chief Justice Roberts said. competitors, "All of you and staff,. the U.S. District Court for The panel vigorously should be very proud. I'm The oath ceremony last- the Northern District of questioned University of happy that I don't have to ed several minutes, like Mississippi, and Chief Mississippi School of Law compete." the ones held at the U.S. Judge Louis Guirola Jr. of students James Kelly and Supreme Court. Chief The 1817 Constitution was on display in the Law Library during the Sept. 27 Bicentennial program. Justice Roberts told the new admittees, "You are in good fellowship. It is a significant milestone in your professional career." Chief Justice Roberts spent about an hour and a half fielding questions from law students from the University of Mississippi School of Law and Missis- sippi College School of Law. He presided over a Moot Court panel of judg- October 2017 Page 3

Observing Bicentennial of Mississippi’s judiciary and legal profession

By William L. (Bill) Waller, Jr. ticipate. McLaurin’s first Chief Justice, attempt to sponsor Beadle Mississippi Supreme Court was rebuffed by the chan- cellor because of Beadle’s race. Not to be deterred, This year marks the Bi- McLaurin returned, bring- centennial for the State of ing with him Patrick Hen- Mississippi. The judiciary ry, under whom Beadle and legal profession are a had studied the law. This proud part of this celebra- time the examination was tion. Our founders under- permitted to proceed. Bea- stood the importance of dle was given a rigorous the judiciary and the legal examination by the chan- profession. In most coun- cellor, followed by ques- ties, the Courthouse was tioning from members of one of the earliest public Anselm J. McLaurin Samuel A. Beadle the Bar, which included 26 structures constructed, of- attorneys from Jackson. ten in the center of the racy. tion of the Third Reich At the conclusion of the county seat with signifi- In the book Why Nations guaranteed freedom of interview, Beadle was ad- cant architectural details Fail, the authors com- religion, yet 6 million Jews mitted to practice. His and situated on a promi- pared the United States were executed. Today, friends and supporters lift- nent location with abun- with other countries. In citizens of the People’s ed him to their shoulders dant green space all just one sector, infor- Republic of China are con- and carried him around the around. In Requiem for a mation technology, which stitutionally provided free- courthouse to celebrate the Nun, William Faulkner has produced famous inno- dom of speech and reli- occasion. McLaurin would vividly described the vators such as Steve Jobs, gion, yet scores of church later be elected Governor courthouse: Bill Gates, Jeff Bezos and congregations must meet and U.S. Senator. Henry

others, the authors noted: secretly in homes. would be elected to Con- But above all, the “These entrepreneurs were Our judges and lawyers gress. Beadle enjoyed a courthouse: the center, the confident from the begin- implement the rule of law successful law practice in focus, the hub; sitting ning that their dream pro- at the courthouse in public Jackson, Vicksburg, looming in the center of jects could be implement- view, and their efforts are Natchez, and Canton. But the county’s circumference ed: they trusted the institu- recorded for posterity. for the steadfast determi- like a single cloud in its tions and the rule of law One such example oc- nation of McLaurin utiliz- ring of horizon, laying its that these generated and curred in 1884, where civil ing the Courthouse as the vast shadow to the utter- they did not worry about rights were asserted and public forum to press, prod most rim of horizon; mus- the security of their prop- ultimately recognized at and insist for the public ing, brooding, symbolic erty rights.” the bar of justice long after examination, Beadle and ponderable, tall as Today we do not ques- the end of Reconstruction would never have had the cloud, solid as rock, domi- tion whether an underlying in 1877. opportunity to take the nating all; protector of the title to a deed will be se- Anselm McLaurin, a examination. weak, judicate and curb of cretly altered, whether a white Brandon attorney, I ask that each of you the passions and lusts, re- properly closed estate will sponsored Samuel A. Bea- pause to consider the im- pository and guardian of be challenged or if a court dle, an African American, portance of the Courthouse the aspirations and hopes. will be available to enforce for his examination to be- and the rule of law, and Our early citizens sacri- a contract or redress an come a member of the Bar. their role in our lives to- ficed to build the court- injury or wrong. Back then, the examina- day. house because they under- But by themselves, laws tion took place in open stood the importance of and a constitution are not court before the chancel- the rule of law as an essen- enough to implement the lor. The local Bar was tial feature of our democ- rule of law. The Constitu- invited to attend and par- Page 4 October 2017

Judge Sean Tindell takes Court of Appeals oath of office

me when you leave some- where, I want you to leave it better than you found it, and so I’ve tried to take that with me everywhere I go.” He got his work ethic from his step-father, Tom Harvey, who ran a Cajun chicken restaurant. He bussed tables at age 10. Harvey watched him take the oath. Growing up around the County Court, which also serves as Youth Court, gave him a strong sense of the needs of young people who come into the courts. He hopes to see continuing improvements in Youth Courts. “I see what hap- Judge Sean Tindell, center, takes the oath of office on Oct. 17. Harrison County pens when kids come in Court Judge Gaston Hewes, at right, administered the oath. Judge Tindell’s family there when they don’t have are sons John Thomas and Sam, daughter Meredith, wife Claire and son Henry. loved ones that stand be- hind them.” He personally Court of Appeals Judge opportunity, and I appre- ey.” Speaking to Judge had the strong support of Sean Tindell of Gulfport is ciate the foundation that Hewes, he said, “I remem- family. “When we give a man of integrity and hon- my mom and my step-dad ber running behind your our youth that, when we or, Gov. said gave me.” dad’s chambers and up and give our children that, it before his appointee took Judge Tindell said that down the halls of the gives them the strength to the oath of office in Jack- he grew up in a court- courthouse, and so the law go on and do great things.” son Oct. 17. house. His mother, Dora has always been something Tindell served for six Gov. Bryant said, “I Harvey of Biloxi, worked that has intrigued me even years in the Mississippi have had the good fortune as a court reporter for as a young man, and some- Senate from District 49. to find a young man with Harrison County Court thing that I knew would Many of his former legis- such a great support that Judge Gaston Hewes Sr. make my mother proud if lative colleagues watched will serve his state, that when Tindell was a child. I went into this profes- him take the judicial oath. has served in the legisla- Judge Gaston Hewes Jr., sion.” He pointed out, to audi- tive, executive and now who currently serves on Dora Harvey is proud. ence laughter, that the judicial branch of the state the Harrison County “This is the most im- House and Senate groups of Mississippi, and per- Court, gave him the oath portant day of my life,” sat on different sides of the haps that service is long of office. she said after watching her aisle. He had acted as a go- from being over. It is our Recalling his mother son take the oath. “He has between in legislative ne- honor to have you serving transcribing her notes in always made me proud. gotiations. Tindell was in our judiciary now, the evening, he said, “I He’s always worked hard chairman of the Senate Judge Tindell.” would listen to the sound at any quest. He will do a Judiciary A Committee Judge Tindell said, “I of a typewriter all night good job.” and vice chairman of the appreciate that confidence long because she was a Judge Tindell said his Senate Tourism Commit- that you’ve shown in me, court reporter, and that’s father, the late Sidney Tin- tee. Governor, to give me this how she made extra mon- dell of Biloxi, “always told Continued on page 5 October 2017 Page 5

Justice David Ishee appointed to Supreme Court

Justice David M, Ishee said his appointment to the Supreme Court was a dream come true. “It’s a goal I’ve had for a long time. I’m very hon- ored that the Governor selected me for this,” he said. “It’s a great honor to be appointed to the Missis- sippi Supreme Court. It has been something I have aspired to for most of my career, and I greatly appre- ciate the Governor’s confi- dence in me.” “So far its been very Photo by Glenn Anderson rewarding. I’m enjoying it Justice David Ishee, at right, was accompanied at his oath ceremony by Gov. Phil Bryant, a great deal,” he said. daughter Lauren Ishee and wife Linda Lang Ishee. Gov. Phil Bryant an- nounced the appointment than two decades in Mis- pointment.” peals,” he said. Aug. 31. Justice Ishee was sissippi will serve him Judge Ishee served on Judge Ishee served as sworn in Sept. 18. well on our state’s highest the Court of Appeals for 13 youth court judge pro tem “Judge Ishee’s exten- court,” Gov. Bryant said. years. Gov. for Jackson County for sive experience in presid- “I am pleased he has appointed him to a vacancy five years. He served for ing over cases for more agreed to accept this ap- in September 2004. six years as a municipal “There are really good judge in Pascagoula and people there. I enjoyed my five years as municipal continued from Page 4 Judge Tindell oath, time on the Court of Ap- Continued on Page 6

“I love all of y’all. I’ve attorney for the city of Di- enjoyed serving with each amondhead. He earned a and every one of you. I master's degree in business think we’ve accomplished administration from the a lot of great things in the University of Southern Legislature in the last six Mississippi. He received a years, and I think we are juris doctorate in 2001 moving this state in a very from Mississippi College positive direction,” he School of Law, where he said. served as student body Tindell, 44, of Gulfport, president. was an assistant district Gov. Bryant appointed attorney for the Second Tindell to the Court of Ap- Circuit District of Harri- peals position previously son, Hancock and Stone held by Judge David Ishee. counties from 2002 to The Governor appointed 2007. He entered private Ishee to the Supreme practice in 2007, also serv- Court. Judge Tindell's ap- ing as a prosecutor for the pointed term is through Judge Donna Barnes, at right, reads a Court of Appeals city of Biloxi and as city Jan. 1, 2019. proclamation honoring Justice David Ishee. Page 6 October 2017

Justice Dickinson bids farewell to the Supreme Court

reports of child abuse and neglect annually. “If that doesn’t grab your heart, I don’t know what will,” Dickinson said, his voice quavering as he explained his decision to accept the job of Commissioner of Child Protection Services rather than retire from the court in December as he had planned. He described a faith- based call to service. He cited Jesus’ admonition in Mark 9:37: “Whosoever shall receive one of such children in my name, re- ceiveth me....” “And so, as I leave this place that I’ve loved work- Justice Jim Kitchens, at right, presents a plaque to Presiding Justice Jess Dickinson, center. ing for all these years and I Justice Dickinson’s wife Janet Dickinson is at left. leave all of you who I have worked with and who have Jess Dickinson reflected challenge of leading the Sept. 14 to wish him well. been such a great contribu- on almost 14 years of ser- Department of Child Pro- On Sept. 18, he became tion to my work on the vice on the Mississippi tection Services as friends head of the agency tasked court, and I take on the Supreme Court and the and colleagues gathered on with investigating 30,000 responsibility of the care and the protection of these children, I ask you very Justice Ishee appointed to Supreme Court, continued from Page 5 sincerely to pray for me that I will have wisdom judge in Gulfport. He Section of the Model Jury of Mississippi School of and discernment and I will spent almost 14 years in Instructions Revision Law. He was inducted into know what I am supposed private practice in Pas- Committee. He served as a the USM Alumni Hall of to do. It is a very scary cagoula with his father-in- special Circuit Judge and Fame in 2014, and as a prospect to take on the law, the late Elmo Lang, Chancellor by appointment Fellow of the Mississippi responsibility for those and two years with the of the Supreme Court. Bar in 2016. children.” firm of Franke, Rainey & He graduated from the He teaches business law Dr. David Chandler left Salloum, PLLC in Gulf- University of Southern and ethics at the USM the Supreme Court in De- port. Mississippi in 1985 with a Gulf Coast Campus. He is cember 2015 to lead Child He served as president Bachelor of Science De- an adjunct professor at the Protection Services. Chan- of the Jackson County gree in history. He attend- University of Mississippi dler retired Sept. 15. He Young Lawyers Division, ed the University of Lon- School of Law and Missis- was unable to attend Dick- and president of the Jack- don and received his Juris sippi College School of inson’s ceremony because son County Bar Associa- Doctor from the University Law, where he teaches his own retirement cere- tion. He was appointed as of Mississippi School of criminal litigation and trial mony was the same after- president of the Mississip- Law. practice. He previously noon. In a letter to Dickin- pi Bar’s Historical Preser- He is a member of the served as an adjunct pro- son, he said, “I know of no vation Committee. Law Alumni Board of Di- fessor at Mississippi Gulf one who is better suited to He chaired the Criminal rectors for the University Coast Community College. handle this job than you October 2017 Page 7

Commissioner takes lead of Child Protection Services

Justice Jess Dickinson served under three Chief Justices. Former Chief Justices Edwin Lloyd Pittman, below at left, and former Chief Justice Jim Smith, above left, wished him well along with Chief Justice Bill Waller Jr., above at right.

prospective foster Chief Justice Bill Waller leaving the court. “Suffice parents. Michael Jr. said that Dickinson’s it to say that I’ve never Dickinson and his goal when he joined the known anyone who was wife were among court was to improve pub- possessed of higher integ- couples wanting lic trust and confidence in rity or grater intellectual to be certified to the judiciary, and he has honesty than Jess Dickin- become foster done that. He authored 347 son,” he said. parents. The pro- majority opinions. He With Dickinson’s depar- cess was slow worked to create plain lan- ture, Justice Kitchens by and cumbersome. guage court rules. He seniority became a Presid- The Dickinsons, pushed to increase funding ing Justice, and he inherit- father and son, for civil legal services. He ed Dickinson’s old desk. met with Chan- founded the Access to Jus- The antique oak desk is a dler, who asked tice Commission, which piece of court history, one Justice Dawn works to improve civil of two that may be original are.” Beam to move the effort access to the courts for the furniture purchased for the Presiding Justice Mi- forward. Michael Memo- poor. Supreme Court when the chael Randolph explained rial Baptist Church hosted “His greatest legacy, I New Capitol opened in that Dickinson’s son, Gulf- a three-day mass training believe, is Access to Jus- 1903. It’s a two-sided desk port attorney Michael for foster parent certifica- tice,” Chief Justice Waller designed to be shared. Dickinson, helped set in tion in April 2016. It was said. “Our system of jus- By court tradition, Dick- motion a chain of events the first of six Rescue 100 tice must be accessible to inson signed his name and that prompted Jess Dickin- mass training events. everyone, regardless of service dates inside a desk son to leave the court to Michael Memorial Bap- their economic status.” drawer, alongside names tackle child abuse and fos- tist Church Pastor Rev. Justice Jim Kitchens of previous occupants that ter care. Tony Karnes gave the ben- presented Dickinson with included, among others, Several years ago, Mi- ediction at the ceremony an engraved plaque from former Chief Justice Virgil chael Memorial Baptist for Justice Dickinson. the court, in appreciation Griffith, former Chief Jus- Church in Gulfport began “Thank you for being will- of his public service. Jus- tice Lenore Prather and Rescue 100, an effort to ing to take on this task to tice Kitchens said he tried Presiding Justice Michael recruit, train and certify protect our children.” to talk Dickinson out of Sullivan. Page 8 October 2017

Indian Child Welfare Act training explains law and human impact

WA requirements apply to ly or foster family – went est private foundation fo- state child custody pro- to the Oklahoma Supreme cused on foster care and ceedings involving any Court twice between 1981 improving the child wel- Native American child and 1987. She was sent fare system. who is a member of or eli- back to live with her moth- ICWA cases happen in gible for membership in a er, where she was again state courts, Spotted Elk federally recognized tribe. neglected, she said. She said. Collaboration is nec- Rae Nell went back and forth be- essary to bring about sys- Vaughn, tween her mother and temic change. “They are chief of grandparents. As a teenag- building a bridge, not a staff of the er, she lived with her fence.” Mississippi grandparents in ICWA The landmark U.S. Su- Band of kinship foster care place- preme Court case Missis- Angel Smith tells her life story . Choctaw ment. sippi Band of Choctaw Indians, “Indian children have a Indians v. Holyfield inter- Angel Smith was born said, “It’s important that right to be with their par- preted the enforcement of in 1978, the year Congress we continue with the edu- ents and with their extend- ICWA. Twins were born passed the Indian Child cation of our practitioners, ed family. It’s a right of in Gulfport to parents who Welfare Act. The federal our judiciary, our different the child,” Smith said. lived on the reservation in mandate to preserve Na- jurisdictions and our part- While she says that her Neshoba County and were tive American children’s ners.” mother failed her, “it did- members of the Choctaw connections to their fami- Department of Child n’t mean that I didn’t have tribe. The parents agreed lies and tribal culture has Protection Services Com- a right to my grandparents, to adoption by Orrey and defined her life. missioner David Chandler who were good people. Vivian Holyfield. Two “Had it not been for IC- said the many jurisdictions That is what ICWA is months after the adoption WA, I would not be here have one vision: “That about…..It’s not just a le- was finalized in Harrison today. ICWA matters,” every child is safe and se- gal right. It’s a basic, fun- County Chancery Court, Smith, an Oklahoma attor- cure and enjoys a healthy damental human right.” the Mississippi Band of ney and member of the and happy childhood.” Vaughn said, “When Choctaw Indians moved to Cherokee Nation, told par- Smith said that she was there is a thought that a vacate the adoption, assert- ticipants in the Seventh abandoned at the hospital child may be Native ing that the Tribal court Annual Indian Child Wel- where she was born and American, it’s important to had exclusive jurisdiction fare Act Conference Aug. abandoned again at a reach out to the Tribe.” under ICWA. The U.S. 10 at Choctaw. Smith has women and children’s “You treat it as an IC- Supreme Court agreed. devoted much of her law shelter. Her grandmother WA case until it’s not an The Holyfield decision practice to advocacy to picked her up at the hospi- ICWA case,” recounted history that pre- enforce ICWA. tal, but her grandparents said Shel- ceded Congress’ adoption The annual conference couldn’t find her after she don Spotted of ICWA, noting that the began seven years ago to was left at the shelter. She Elk. “It’s up legislation “was the prod- educate judges, court staff, was placed in foster care to the tribe uct of rising concern in the social workers and other with a non-Native Ameri- to decide.” mid-1970's over the conse- professionals who deal can family. Her mother An attorney quences to Indian children, with Native American showed up before her pa- and member Indian families, and Indian children in a Youth Court rental rights were to be of the Northern Cheyenne tribes of abusive child wel- setting. ICWA sets out terminated, and it was de- Nation, he is director of fare practices that resulted federal requirements re- termined that Smith was a the Indian Child Welfare in the separation of large garding removal and Native American child Unit at Casey Family Pro- numbers of Indian children placement of Native subject to ICWA. Litiga- grams in Denver, Colora- from their families and American children in fos- tion over who should have do. Casey Family Pro- tribes through adoption or ter or adoptive homes. IC- custody – biological fami- grams is the nation's larg- foster care placement, usu- October 2017 Page 9

ICWA Conference, continued from Page 8 Hancock County Court begins Jan. 2

ally in non-Indian homes.” lain,” Lidot said. “Our ap- Hancock County will County Court was among Spotted Elk, Smith and proach to training is there implement a County Court 16 recommendations of the others traced a tragic histo- is no race of people who on Jan. 2, 2018, by au- Hancock County Youth ry from the military’s kill- are the bad guys....Our thority of a proclamation Court Task Force in its ing of Indians, to govern- opponent is intolerance. from the Governor. July 2016 final report. The ment-sponsored efforts to Our opponent is apathy. Chief Justice Bill Wal- Task Force was created in erase Indian culture by Our opponent is bias.” ler Jr. said he looks for- January 2015 to determine sending children to board- ICWA’s purpose is to ward to the creation of the why so many Hancock ing schools, to the late protect the best interests of new court, which will County children were then 1950s Indian Adoption Indian children and pro- function as a full-time in Department of Human Project’s efforts to adopt mote stability of Indian Youth Court as well as a Services custody and how Native American children tribes and families, Lidot County Court. Having a to reduce those numbers. into non-Native American said. ICWA works to keep County Court will allow In January 2015, Hancock families. the child “connected to Hancock County “to have County led the state with Spotted Elk recalled their family and the tribe. a full-time judge to deal 459 children in DHS cus- taking his two sons to the It is part of the restorative with child delinquency and tody. site of the Nov. 29, 1864, justice and the remedial neglect issues which have A total of 368 Hancock Sand Creek Massacre on aspect of the law.” been pervasive in Hancock County children were in the 150th anniversary. His Rose-Margaret Orrantia, County. Every child de- custody of the Department great, great grandfather, a tribal el- serves a chance and a full- of Child Protection Ser- Howeche’ Spotted Elk, der and time County Court judge vices as of Oct. 25, 2017, survived the Colorado member of will provide the necessary ranking third behind Harri- massacre at age 2 because the Yaqui oversight and attention to son and Hinds counties. an older sibling took him tribe of Ari- insure that no child is left Rep. David Baria of Bay to safety in the creek bed. zona, has out,” he said. St. Louis served as chair of “I have that undying need spent most The Hancock County the Task Force. “The Task to heal,” Spotted Elk ex- of her pro- Board of Supervisors Force felt that establishing plained. “It’s about socie- fessional career working unanimously adopted a a County Court was cer- tal healing.” with American Indian fos- resolution on Oct. 2 calling tainly a step in the right Tom Lidot said, “ICWA ter children in California. for the creation of a Coun- direction,” he said. With a is the first law that was She emphasized that ques- ty Court and requesting the full-time judge and staff, trauma- tions about tribal connec- Governor to appoint a “more resources could be informed.” tions should be asked in County Court judge. focused on parents who “You foster care placement, ter- Elise Deano serves as found themselves under can’t really mination of parental rights Youth Court Referee. She the jurisdiction of Child do an effec- and prospective adoptions. has said that she will not Protection Services. Those tive training “At every step, you need seek election. parents could have a better until you to be asking the question Resident Jurist John understanding of what the reach again,” she said. Parents Hudson said, “Judge process was, and we could someone’s heart,” said may not know. Look to Deano has been working speed the process of unifi- Lidot, a consultant with grandparents, aunts and tirelessly to address the cation, and if that was not Tribal STAR, Successful uncles and other extended issues that have come up.” going to happen, the pro- Transitions for Adult family. Extended family But he believes that having cess of termination of pa- Readiness in San Diego, should be considered when a full-time County Court rental rights would be Calif. He is an enrolled seeking family members will be a more effective moved along.” member of Chilkat Indian for placement of children. system. “It’s critical that “Having a full-time Village, the Central Coun- “When you are looking for there is a full-time County judge is very important to cil of Tlingit and Haida those placements, cast that Court judge addressing the whole process and as- Indians of Alaska. net large,” she said. County Court matters, par- sists with other civil and “History presents tribal ticularly child welfare cases.” criminal cases,” Baria said. folks as a victim or a vil- Creation of a full-time Page 10 October 2017

Librarian of Congress visits State Law Library

The U.S. Librarian of Congress would like to borrow and exhibit the University of Southern Mississippi’s Curious George manuscripts and materials. Librarian of Congress Dr. Carla Hayden asked on Aug. 18 when she met Children’s Book Festival Coordinator Karen Rowell during an early celebration of the State Law Library’s Bicentennial. Rowell pre- sented Hayden with – what else would one give the nation’s top librarian? – books, including one of the children’s classic Curious George series. “We’d love to exhibit it in the Library of Con- gress,” Hayden said of the Librarian of Congress Dr. Carla Hayden, second from right, is pictured with State extensive Curious George materials held by USM. Librarian Stephen Parks, Children’s Book Festival Coordinator Karen Rowell and “It’s one of the most sig- Justice Jim Kitchens. nificant collections world- wide in children’s litera- dren’s librarian from 1973 836 miles of shelving. legal research materials to ture.” to 1979. She said that she State Librarian Stephen the judiciary, state agen- Rowell is excited at the came into her first job as a Parks said one of the State cies, lawyers, students and prospect. USM has the librarian by accident. She Law Library’s treasures the general public. Its mis- literary estate of H.A. and spent time at the library was rediscovered in simi- sion is to collect, preserve Margret Rey, creators of between job interviews. lar fashion in 2001 when and make available to the the popular monkey char- The library had openings. someone opened a drawer public the foundation of acter Curious George. Dr. She went on to be deputy and found a folded copy of Mississippi law. Housed at Lena de Grummond, who commissioner and chief an 1845 map of the state of the Supreme Court, the taught children’s literature librarian of the Chicago Mississippi. Records show 265,000-volume collection at USM, obtained the col- Public Library. As the that 100 copies were origi- includes state and federal lection in her extensive fourteenth Librarian of nally produced. The only legal sources including work of gathering original Congress, she is the first known surviving copy had court decisions and rules, materials from authors and woman and the first Afri- been sent to the State Law codes, regulations, law illustrators. can American to lead the Library some time earlier reviews and government Hayden in her early ca- national library. from Maryland. The huge documents as well as texts reer worked with young Hayden, who observed map is displayed promi- that explain law for lay- readers at the Chicago her first anniversary on nently near the entrance of men. Public Library, where she Sept. 14, said, “The big- the Law Library. The Law Library will served as young adult ser- gest surprise is there is still Known officially as the observe its Bicentennial in vices coordinator from material to be found.” The State Library, the Law Li- 2018. A handwritten doc- 1979 to 1982, and as a li- Library of Congress hous- brary is a specialized pub- ument of the Law Li- brary associate and chil- es 164 million items on lic library which provides brary’s beginnings was on October 2017 Page 11

Interim Dean Deborah Bell is 2017 recipient of Chief Justice Award

Deborah H. Bell, who and her dedication to as- Bell’s book, Bell on recently completed two sisting low-income people. Mississippi Family Law, is years as interim dean of “Professor Bell’s work considered the foremost the University of Missis- significantly improved treatise on family law. sippi School of Law, re- legal education, the prac- Bell was attorney for the ceived the 2017 Chief Jus- tice of family law and the Governor’s Housing Task tice Award. lives of the poor,” Chief Force in 1988-89 and was Chief Justice Bill Waller Justice Waller said. involved in drafting legis- Jr. presented the award on A member of the law lation that created the Mis- July 14 during the Missis- faculty since 1981, she has sissippi Home Corporation sippi Bar Convention in taught commercial law, and the Mississippi Land- Destin, Fla. The annual property, family law, hous- lord-Tenant Act of 1991. award recognizes an indi- ing law, lawyering skills She has served on the Ac- vidual whose work has and poverty law. She is the cess to Justice Commis- significantly improved the founder of the law -income people in free sion Pro Se Committee, judicial system. school’s Civil Legal Clinic family law clinics across the Mississippi Gender Chief Justice Waller and was its director until north Mississippi. In May Fairness Task Force, and cited Bell’s visionary lead- 2009. She developed the 2013, Bell was appointed the Domestic Violence ership in legal education University of Mississippi as the law school’s first Task Force. and programs of the Mis- Pro Bono Initiative, which Associate Dean for Clini- Bell’s numerous honors sissippi Bar, her extensive provides law students with cal Programs. She leads and awards include the teaching both at the law opportunities to gain prac- the law school’s expanded Mississippi Bar’s Susie school and in continuing tical experience working clinical program, which Blue Buchanan Award in legal education seminars, with attorneys to assist low includes 10 practice areas. 2009, and the Mississippi Center for Justice Champi- on of Justice Award in 2007. In 2005, she re- Librarian of Congress visits Mississippi, continued from Page 10 ceived the Mississippi Women Lawyers Associa- display in honor of Hay- den said. It’s also a reposi- Congress drew adoring tion Outstanding Woman den’s visit. The Law Li- tory of knowledge, culture fans who could recite the Lawyer of the Year brary had its inception in and creativity, not just in dialogue. After singer Glo- Award, the University of an act of the General As- books. ria Gaynor’s 1978 hit “I Mississippi Law Faculty sembly of 1818, which Each year, the Librarian Will Survive” was placed Public Service Award and authorized the Secretary of of Congress names 25 on the registry, she per- the Mississippi Bar Presi- the Mississippi Territory to movies deemed to be formed at the Library of dent’s Award. purchase a set of the acts “culturally, historically or Congress in May. Bell was born in Indi- of the United States Con- aesthetically significant” The Library of Congress anola. She earned a Bache- gress and a digest of the to the National Film Reg- has first edition Superman, lor of Arts degree from laws of the states of the istry and 25 audio record- Batman and The Avengers Mississippi College and a Union. The Law Library ings to the Library of Con- comic books. “The Library law degree from the Uni- was officially established gress National Recording of Congress has the largest versity of Mississippi by an act of the Mississip- Registry. The selections comic book collection in School of Law. She served pi Legislature in 1838. range from Thomas Edi- the world,” Hayden said. as Editor-in-Chief of the The Library of Congress son’s first audio recording U.S. Capitol Police closely Mississippi Law Journal. began as a library for the to the 1987 movie “The guarded a special display She worked as a law clerk U.S. Congress in 1800. Princess Bride,” which of first editions because of for Judge Elbert P. Tuttle “Over time, it has grown was inducted into the Na- their value. of the Fifth U.S. Circuit to be what is arguably one tional Film Registry in What’s it like to work Court of Appeals and was of the biggest legal collec- 2016. A recent showing of there? “It’s like a kid in a a staff attorney for the At- tions in the world,” Hay- the movie at the Library of candy shop,” Hayden said. lanta Legal Aid Society. Page 12 October 2017

trial competitions for the Magnolia Bar Association. She has taught paralegal technology for many years at Hinds Community Col- lege. Judge Owens is a gradu- ate of Tougaloo College and George Washington University Law School. She worked for two years as a law clerk at a Wash- ington, D.C., Legal Ser- vices elderly law clinic. She was a staff attorney for the former Central Mississippi Legal Services in Jackson. Judge Wise is former Judges Denise Owens, Latrice Westbrooks and Patricia Wise are honored as Legal Trailblazers. chair of the Commission on Judicial Performance, Court of Appeals Judge are the beneficiaries of African American woman and served on the Bar Latrice Westbrooks and that.” She recalled lawyers to serve on the Mississippi Complaint Tribunal. She Hinds County Chancellors such as Nausead Stewart Court of Appeals. was the first female Presi- Denise Owens and Patricia and Lynda C. Robinson. Judge Owens was the dent of the Magnolia Bar Wise were among women “They were trailblazers,” 2016 recipient of the Susie Association. She served as lawyers honored as Legal she said. Blue Buchanan Award pre- state coordinator and dis- Trailblazers by the Metro Judge Wise said there sented by the Mississippi trict director of the Nation- Jackson Black Women were few job opportunities Bar’s Women in the Pro- al Association of Women Lawyers Association. for early African American fession Committee. She Judges. She has taught at Also honored as Trail- women lawyers. She noted served as secretary, vice- numerous seminars, in- blazers at the Little Black that Judge Owens began chair and chair of the Con- cluding programs of the Dress Soiree on Oct. 19 her legal career at Legal ference of Chancery Judg- Mississippi Judicial Col- were Mississippi College Services. Judge Wise start- es. She served for 10 years lege and the National Judi- School of Law Interim ed out in private practice, as co-chair of the Access to cial College. She teaches Dean Patricia Bennett, but also worked one day a Justice Commission. She torts and family law at MCSOL Professor Angela week for Legal Services. has worked with the Na- Mae Kupenda, Rep. Debra Judge Owens and Judge tional Association of and Mississippi College. Gibbs, Mississippi Depart- Wise became the first Afri- Women Judges to present Judge Wise is a life ment of Corrections Com- can American female chan- The Color of Justice, an member of the NAACP. missioner Pelicia Hall, cellors in the state when annual program which in- She is a charter board Clarksdale City Attorney they were elected to the troduces female middle member of Ole Miss Margarette Meeks and at- Hinds Chancery bench in school students to careers Women's Council for Phi- torneys Amanda Green 1989. Judge Westbrooks as lawyers and judges. She lanthropy. She was the Alexander, Carshena Bai- became the first African serves as pre-law program 1990 recipient of the Uni- ley and Constance Slaugh- American woman assistant adviser and adjunct profes- versity of Mississippi ter-Harvey. district attorney in the Sec- sor at Tougaloo College. NOW award for outstand- Judge Wise said, “There ond Circuit Court District She helped organize the ing leadership. She was the are many black lawyers in October 1997. Judge Black Law Student Associ- first recipient of the Black who were leaders, and we Westbrooks is the third ation and annual mock Continued on Page 13 October 2017 Page 13

Women's Political Action Circuit Judge Mark Duncan sworn in June 6 Forum Brown-Hall-Young Achievement Award for outstanding contributions to the legal profession. She is a former president of Zeta Phi Beta Sorority. Judge Wise received a Bachelor of Science in special education, a Mas- ters Degree in communica- tive disorders and a Juris Doctor, all from the Uni- versity of Mississippi. Judge Westbrooks was elected to the Court of Ap- peals in November 2016 and took office in January 2017. She previously Photo courtesy of the Neshoba Democrat served as Lexington mu- nicipal judge, public de- Circuit Judge Christopher Collins, at left, administers the oath of office to Circuit Judge fender in Holmes County, Mark Duncan on June 6 at the Neshoba County Courthouse in Philadelphia. prosecutor for the city of Durant and as Isola city Circuit Judge Mark Duncan’s most notable nity that I love and where I attorney. She was interim Duncan of Philadelphia case as a prosecutor was live. I look forward to the communications director was sworn in June 6 at the the manslaughter convic- chance to be able to con- for former Jackson Mayor Neshoba County Court- tion of former Ku Klux tinue to have a positive Chokwe Lumumba and house. Klan leader Edgar Ray influence in our communi- legal counsel for the Jack- Gov. Phil Bryant ap- Killen for the June 1964 ty as circuit judge and will son Police Department. pointed Judge Duncan to slayings of James Chaney, work my hardest to do my The Mississippi Women fill the vacancy created by Andrew Goodman and part in giving our citizens Lawyers Association named the May 31 retirement of Michael Schwerner. a court system they can be her Outstanding Woman Circuit Judge Vernon Cot- Duncan said, “My pri- proud of." Lawyer of 2017. She was ten of Carthage. Duncan’s mary motivation in joining Duncan earned a bache- the 2016 recipient of the appointment was effective the District Attorney's of- lor of business administra- NAACP Delores Orey June 2. The term ends in fice those many years ago, tion and a law degree from Lifetime Service Award. December 2018. was a desire to have a pos- the University of Missis- She served as a South- Duncan spent almost 30 itive impact in the commu- sippi. east Regional and Central years as a prosecutor in the Director of the Magnolia Eighth Circuit District of Bar Association. She is a Neshoba, Newton, Leake Complaint Tribunal members appointed life member of the and Scott counties. He was NAACP, and previously an assistant district attor- The Supreme Court on McComb, attorney Tonya chaired the Criminal Jus- ney for 16 years. He be- Aug. 10 appointed Circuit Powell Franklin of Green- tice Committee for the came District Attorney in Judge Steve S. Ratcliff III ville and attorney Taylor State Conference of the 2003. of Madison, attorney Gina D. Buntin of Southaven. NAACP. “Mark’s experience as a B. Tompkins of Biloxi and Judge Ratcliff replaced She earned a Bachelor prosecutor and the record of Science degree from he has established serving attorney Taylor A. Heck of 11th District Chancellor Austin Peay State Univer- the people of the Eighth Senatobia to the Bar Com- Cynthia L. Brewer on the sity and a law degree from District make him the per- plaint Tribunal. The court Tribunal. the University of Detroit fect fit to replace Judge reappointed Circuit Judge Mercy School of Law. Cotten,” Gov. Bryant said. David B. Strong of Page 14 October 2017

Judge Vernon Cotten honored at retirement reception

Circuit Judge Vernon Cotton, center, is surrounded by all of the Eighth District Circuit Clerks: left to right, Ken Adcock, Leake County; Becky Gray, Scott County; Patti Duncan Lee, Neshoba County; and Mike Butler, Newton County.

A long line of people claimed, “What a great was the fourth such pro- Army Senior Counterintel- stretched outside the Na- occasion to celebrate a gram in the state. ligence Warrant Officer tional Guard Armory in wonderful career.” He pre- Hinds County Circuit who has been the driving Carthage as colleagues and sented a plaque signed by Judge Winston Kidd told force behind the program. friends gathered at a May all nine Supreme Court Judge Cotten, “You serve “Thank the Lord that I’ve 18 retirement ceremony justices honoring Judge as a wonderful example of been a part of that,” Judge honoring Circuit Judge Cotten’s 43 years of public what every drug court Cotten said. “It’s been a Vernon R. Cotten. He re- service, including nearly judge should aspire to be.” wonderful journey.” tired May 31. 20 years as Circuit Judge. Judge Collins said that Court Administrator “More than anything I After shaking hands and Judge Cotten strived to Lindsey S. Lickness pre- can say here today, this accepting congratulatory rehabilitate those who sented Judge Cotten with a room is a testament to hugs for more than an came into the Drug Court, gift from court staff for his you,” fellow Eighth Dis- hour, Judge Cotten told the telling participants that continuing journey in re- trict Circuit Judge Christo- crowd, “This is a little bit human lives would not be tirement: a handcrafted pher Collins of Union told overwhelming. I’m not thrown away. “I know walking staff. “It’s not a Judge Cotten and those sure how to begin.” what your heart is. I know bicycle,” Ellis quipped as who gathered to honor He looked to scripture, what your passion is. It’s the judge began to unwrap him. Visitors came from quoting the Book of Luke: the Drug Court,” Judge the package, with help across the four-county dis- To whom much is given, Collins said, pledging to from youngest grand- trict and across the state. much is expected. carry the work forward. daughter Abigail Frost. They were fellow judges, Judge Cotten’s greatest Judge Cotten said of the Judge Cotten, 80, is an court clerks and staff, law- contribution was his crea- Drug Court participants: avid bicyclist. yers, law enforcement of- tion of the Eighth Judicial “These are people who The Drug Court staff ficers, professional and District Drug Court, which have fallen, broken lives. gave him a wood framed business men and women, began in 2003 and has ex- They are just like us.” desk clock. It is a remind- friends and family that panded to include special He deflected the praise, er, Ellis said, of their many included three of his nine programs for DUI offend- crediting the Drug Court’s conversations about the grandchildren. ers and veterans. The Drug organization and success sands of time. Supreme Court Chief Court in Leake, Neshoba, to Drug Court Coordina- Justice Bill Waller Jr. ex- Newton and Scott counties tor Marcus Ellis, a retired October 2017 Page 15

Judge Frank Coleman retires after 31 years of service; Lisa Howell appointed to Lauderdale County Court He has served eight Judge Coleman served terms. “Having no oppo- as chairman of the Confer- nents since my first elec- ence of County Court tion, I hope reflects the Judges and the Mississippi approval of my service to Juvenile Justice Confer- Lauderdale County, Mis- ence, and as vice-chairman sissippi by both my peers, of the Commission on Ju- the local bar and the com- dicial Performance. He munity as a whole….I served on the Governor’s hope I have served my Uniform Youth Court community and the people Commission, the Uniform of this state with integrity, Circuit and County Court consistency, fairness and Rules Committee and the yes, with grace and com- Juvenile Justice Advisory passion.” Commission.

Lauderdale County Judge Young Graham, to Chancellor T.K. Moffett to retire Court Judge Frank M. continue transforming our Coleman will retire Oct. youth court and drug court Chancellor T.K. Moffett 31 after 31 years of ser- into real solutions for the of Tupelo will retire Jan. vice. problems facing the most 31, 2018. Gov. Phil Bryant has vulnerable among us.” “It has been an honor to appointed Lisa Howell to Howell earned a bache- serve as Chancery Judge, fill the unexpired term. lor of arts degree from the and I have enjoyed it im- Howell’s appointment is University of Southern mensely,” he said in an effective Nov. 1 and ex- Mississippi in 1986, and a Oct. 5 letter to the Secre- tends through the end of juris doctorate from Mis- tary of State. 2018. sissippi College School of He cited personal rea- Gov. Bryant said, Law in 1991. She is a 1982 sons for his decision to “Lisa’s experience in pri- graduate of Meridian High leave the bench after two vate practice and as a pros- School. years as chancellor. ecutor make her a very She is welfare chairman Gov. Phil Bryant ap- good fit for Lauderdale of the Junior Auxiliary of pointed him Jan. 4, 2016, County Court judge. She Meridian and is a member to fill the First Chancery has proven herself an out- of the Lauderdale County Court vacancy created by standing public servant, Bar Association and the the death of Chancellor than 37 years. He served and I am delighted she has National District Attorneys Talmadge Littlejohn. The with the 25th Infantry Di- accepted this appoint- Association. Governor is expected to vision, the 155th Armored ment.” Judge Coleman told the make another appointment. Brigade and the 66th Howell has served as Governor in an Aug. 31 “His resignation comes Troop Command of the assistant district attorney letter announcing his re- as a great loss to the judi- Mississippi National for the 10th Circuit Court tirement, “Now having sat ciary,” said Chief Justice Guard, the 91st Division District since 1995. on the bench for 31 years, Bill Waller Jr. and the 104th Division. He “I am humbled by the I find myself in that time Judge Moffett served for commanded at every level amazing opportunity given of life where my priorities 10 years as Tupelo City from platoon leader to di- to me by the Governor,” have changed and my wife Prosecutor. He practiced vision commander. He Howell said. “It is my de- and family should come law for 35 years and had a retired at the rank of Major sire, working along with first.” military career of more General. Page 16 October 2017

Circuit Judge Justin Cobb died Sept. 9, 2017 Circuit Judge Justin Circuit Judge Lester vember 2016. He previ- Cobb of Meridian col- Williamson said, “It's a ously served 14 ½ years as lapsed while jogging on real tragedy for the whole Lauderdale County Prose- Sept. 9, and died at Rush legal community. . . . He cuting Attorney. Foundation Hospital. He was a joy to work with and He earned a bachelor’s died on his 43rd birthday. he’s going to be missed.” degree from Mississippi Less than a month later, Chief Justice Bill Waller State University and a law his brother, Brent Benja- Jr. said, “Judge Cobb was degree from the University mine Cobb, 41, of Madi- an outstanding trial judge of Mississippi School of son, died in an auto acci- whose watchwords were Law. He served as vice- dent in Alabama. He was fairness, integrity and president and president of Vice President of Safety sound legal reasoning. He the Lauderdale County Bar and Quality for Miller will be missed.” Association as well as Transporters. Judge Cobb served on president of the Young Lauderdale County Cir- the 10th Circuit Court of Lawyers Division. He was Meridian’s Playground for cuit Clerk Donna Jill John- Lauderdale, Clarke, Kem- a member of Meridian’s Jesus. He was a deacon at son told the Meridian Star per and Wayne counties Downtown Optimist Club First Baptist Church of that Judge Cobb “was since July 1, 2015. Gov. and served on the board of Meridian. He served as a young and energetic, re- Phil Bryant appointed him the Boys and Girls Club of youth baseball coach. freshing. He was a breath to the vacancy created by East Mississippi. He was Read Judge Cobb’s obi- of fresh air and very by the the retirement of Circuit past division chairperson tuary at this link: http:// book. He was consistent Judge Robert Bailey. for United Way. He was www.legacy.com/ and fair and everyone re- Judge Cobb was elected an Eagle Scout and a vol- obituaries/clarionledger/ spected that and loved that.” without opposition in No- unteer for Wesley House- obituary.aspx?

Charles Wright appointed to 10 Circuit Court bench bled by the appointment ney and with his work in He has been in private by Gov. Bryant and I look private practice, Charles practice since 1988, han- forward to the opportunity has gained a unique per- dling civil and criminal to serve the people of the spective in the courtroom defense in state circuit and 10th Circuit Court District that will serve him and the chancery courts and in fed- as their Circuit Judge,” people of the 10th District eral courts. Wright said. “I would be well.” Wright is a 1967 gradu- remiss if I did not send my Wright said, “When I ate of Yazoo City High condolences to the Cobb was elected, I was the School. He earned a bach- Family for the loss of youngest District Attorney elor of arts degree from the Judge Justin Cobb at such in the state. I always had University of Mississippi a young age.” the ambition to become in 1971 and a juris doctor Gov. Phil Bryant ap- circuit judge.” from the University of Charles Wright of Me- pointed Wright to fill Wright served as assis- Mississippi School of Law ridian will be sworn in as Judge Cobb’s term, set to tant district attorney for in 1976. rd Circuit Judge at 10 a.m. end in December 2018. the 3 Circuit Court from No reception or investi- Oct. 30 at the Lauderdale “I am grateful to 1976 to 1978, and as assis- ture are planned. “I feel County Courthouse. He’s Charles for accepting this tant DA for the 10th Cir- that is more appropriate scheduled to take pleas in appointment after we so cuit 1978 to 1979. He was under the circumstanc- criminal cases later the tragically lost Judge district attorney for the th es,” Wright said. same day. Cobb,” Gov. Bryant said. 10 District from 1979 to “I’m honored and hum- “As a former district attor- 1988.