Mississippi Courts October 2012 Published by the Administrative Office of Courts

Plain language model jury instructions completed

A group of judges, lawyers sity of Mississippi School of cutors Association, Public De- sions.” and legal scholars recently Law Professor Emeritus Guth- fenders Association, Missis- Judge Ishee said there had completed more than three rie T. Abbott, civil instructions sippi College School of Law been no major revision to years of work drafting plain committee chair; Court of Ap- and University of Mississippi model jury instructions since language jury instructions peals Judge David M. Ishee, School of Law. they were written in the 1970s, which will be easier for jurors criminal instructions commit- Non-attorney members of and a rewrite was long over- to understand. tee chair; Lance L. Stevens; the commission were Boone- due. “Forty years in the law The Mississippi Model Jury and Philip W. Gaines. ville businessman Jimmy Mur- can be light years,” he said. Instructions Commission pre- Other committee members, phy and Meridian English Judge Ishee said, “What sented its report to the Su- not pictured, were Circuit teacher Libby Riley. we hoped to achieve was to preme Court Oct. 24. Judge Clarence E. Morgan III, The Commission submitted simplify the jury instructions Pictured above are, front Forrest County Court Judge a 668-page Model Criminal for the lay people as jurors. I row, left to right, Forrest W. Michael W. McPhail, Special Jury Instructions, and a 479- think there were many in- Stringfellow; Keith Foreman; Assistant Attorney General page Model Civil Jury Instruc- structions which were very Presiding Justice George C. John R. Henry, Assistant Dis- tions. technical, and we have sim- Carlson Jr., chairman; Missis- trict Attorney Archibald W. Former Chief Justice Smith plified them so that the aver- sippi Judicial College Execu- Bullard, and attorneys Merrida signed the order creating the age lay person can more eas- tive Director Cynthia D. Davis; P. Coxwell Jr., Thomas Commission shortly before he ily understand them. It’s been Judicial College Staff Attorney Fortner, C. Joy Harkness, and left office in 2008. He said the my fear that a lot of jurors Carole Murphey; Circuit Judge James D. Holland. revision was needed because ignored the jury instructions. Betty W. Sanders; and former The diverse membership “most of the errors I saw They might be overwhelmed Supreme Court Chief Justice included representatives of the (raised) on the appellate level at all the legalese that was Jim Smith, who created the Mississippi Bar, Magnolia Bar, were with jury instructions.” thrust at them just before they commission; back row, Ra- Mississippi Association for Chief Justice Bill Waller Jr. were to deliberate. I think this mel L. Cotton; Circuit Judge Justice, Mississippi Defense said, “This is going to help will make the law easier to James T. Kitchens Jr.; Univer- Lawyers Association, Prose- jurors to make better deci- apply on a case by case basis. I

Continued, page 2 Page 2 October 2012

Task Force examines juvenile detention and alternatives

A task force is exploring the major focuses is to rec- alternatives to juvenile deten- ommend juvenile detention tion, formulating recommen- alternatives that can be used dations for licensing standards by all of the counties in our for juvenile detention facili- state to prevent the unneces- ties, and seeking funding sary detention of juveniles.” sources to improve juvenile “The second primary focus programs. is to develop licensing stan- The 2012 Legislature cre- dards to recommend to the ated the Juvenile Detention Legislature,” he said. and Alternatives Task Force. The Task Force will de- Senate Bill 2598 called for a velop recommendations for report and recommendations minimum standards for juve- before Nov. 1, 2013. nile detention facilities. Adams County Court Judge “The third charge is to de- John Hudson of Natchez, Task velop a plan to assist in reduc- Force chair, said, “The first of ing the financial burdens that Model jury instructions, continued think it will lead to more well one’s hard work on the com- Judge John Hudson discusses juvenile detention stan- reasoned outcomes and a mittee. None of this would dards and alternatives. more thorough understanding have been possible without of the law by the individual the help of the Mississippi counties have for juvenile Calcasieu Parish Police Jury jurors.” Judicial College.” detention,” he said. Office of Juvenile Justice Abbott said, “In the past Judge Ishee and Abbott Rankin County Court Judge Services Director Dane R. it’s been lawyers drafting praised the work of their com- Thomas Broome of Brandon, Bolin told about 45 Task these for judges in legalese, mittees, and the research and vice-chair, said, “The Task Force members and specta- but the group that is supposed drafting of Mississippi Judi- Force will be working to pro- tors, “Mississippi was in a to use this is the jurors, who cial College Staff Attorney tect public safety and provide better position than Louisi- for the most part are not law- Carole Murphey. safe facilities to help our kids ana.” When the initiative be- yers.” Murphey said, “It was a learn from their mistakes. We gan in Louisiana in 2010, “our The new civil jury instruc- wonderful experience to serve want to appropriately use standards were no stan- tions include forms of the on this Commission. I am detention and find community dards....We did know that it verdict which require jurors to honored to have participated services for those who need it. was going to raise the bar of go step by step through ele- in such an important task for Standards will benefit the what we did every day.” ments of the case. “The thrust the benefit of the judicial sys- counties and taxpayers by As he laid out the progress of our instructions is to iden- tem.” maximizing our local, state of the development of Louisi- tify those elements, and on the Presiding Justice Carlson and federal resources.” ana’s program, Bolin dis- verdict form it asks if those thanked Judge Ishee, Abbott, In its second meeting, held played a picture of a youth elements have been met,” Murphey and the members for in Natchez on Oct. 5, the Task standing in a jail cell. “Picture Abbott said. their service. “I am proud to Force sought to jump-start its your child in this picture.” Presiding Justice Carlson have been a part of this blue- work by getting an overview Judge Hudson said, “I think said, “The concept of plain ribbon commission made up of similar efforts begun in what we want to be about is language jury instructions has of outstanding and experi- Louisiana in 2010. By July 1, that if our kid were in that worked extremely well in enced members of the legal 2013, all Louisiana juvenile cell, that it is going to be oper- other states.” profession, as well as lay per- detention facilities will be ated in a safe and secure man- Members spent hundreds of sons, all of whom were very licensed and must comply ner.” hours on the project. Judge important to this entire proc- with nationally recognized The Task Force will ex- Ishee said, “I appreciate each ess,” he said. best practices. plore development of a risk October 2012 Page 3

assessment instrument “which will define which juveniles should be in detention, and which juveniles should be handled by alternatives to detention,” Judge Hudson said. “The bottom line is making sure the kids that are risks to society are being detained, and those who are not, are not,” Judge Hudson said. “The Task Force will iden- tify juvenile detention alterna- tives which are workable and cost-effective and will recom- mend strategies to accomplish provision of these alterna- tives,” Judge Hudson said. Juvenile Facilities Monitoring Unit Director Donald Beard, left, and Division of Youth Adams, Harrison, Leflore, Services Director James V. Maccarone, right, study a work group roster. Rankin and Washington coun- ties participate in the Juvenile Hudson said of the GPS sys- Director Glen Arnold, Leflore sissippi Security Police Presi- Detention Alternative Initia- tem in Adams County. How- County Juvenile Detention dent Nicky Maxwell, Pike tive, JDAI, a national program ever, the Adams County pro- Center Director Robert Fitz- County Supervisor Luke which uses systematic case gram is about to run out of patrick, Rankin County Sher- Brewer, Leflore County Su- evaluation to determine money. It operated on a grant iff’s Office Juvenile Adminis- pervisor Anjuan Brown, whether juveniles should be that runs out in October. “We trator Eric Fox, Jackson Lamar County Administrator detained. A point system takes are working to try to find County Juvenile Detention Chuck Bennett, Lauderdale into account nature and seri- ways to continue the system Center Director Chris Gilbert, County Administrator Joe ousness of the offense and because it’s worked tremen- Rankin County Sheriff’s Of- McCraney, and Department other factors. The point score dously,” Judge Hudson said. fice Attorney Richard Law- of Education Office of Com- on the risk assessment deter- Other members of the Task rence, Department of Public pulsory School Attendance mines who should be de- Force are: Leflore County Safety Juvenile Facilities Enforcement, Alternative tained, released or supervised Court Judge Kevin Adams, Monitoring Unit Director Education/GED and Counsel- in an alternative program. Washington County Court Donald Beard, Hinds County ing Bureau Director Toni “Those alternatives would Judge Vernita King Johnson, Sheriff Tyrone Lewis, Mis- Kersh. involve intensive supervision Forrest County Court Judge of the children without plac- Michael McPhail, DeSoto ing them in secure cells,” County Court Judge Celeste Rankin kids run with the law Judge Hudson said. Among Wilson, Assistant Attorney possible alternatives are General and JDAI State Co- Seven Rankin County different path. global position sensor track- Coordinator Patricia Marshall, teens under Youth Court Since the running pro- ing via ankle bracelets, and State Public Defender Leslie probation supervision ran gram began, “none have evening reporting to a location Lee, Washington County alongside law officers on tested positive for drugs. with supervised activities. Youth Court Public Defender June 30 in Gov. Phil Bry- None have been back in de- Adams, Hinds and Rankin Errick D. Simmons, Depart- ant’s 5K Run for Health. tention,” said Rankin counties, among others, have ment of Human Services Di- The teens ran several other County Juvenile Detention used GPS tracking as a way to vision of Youth Services Di- races, most recently in the Center Director Lt. Eric Fox. monitor juveniles who have rector James V. Maccarone, Sept. 29 WellsFest 5K Run. “We are literally changing gotten in trouble, without Department of Mental Health Most of the youths had these babies’ lives. It hasn’t confining them. Division of Children and been in trouble multiple cost taxpayers one dollar.” “It’s been a huge success in Youth Services Director San- times. The running team was Local businesses and indi- reducing the number of youth dra Parks, Adams County organized in an effort to viduals have provided the placed in detention,” Judge Juvenile Detention Center steer their energies down a teens with running gear. Continued, page 4 Page 4 October 2012

They need sponsors to help tion provides continuing pay event participation fees. funding through a Juvenile The runners practice three Accountability Block Grant times a week with Fox, Ran- administered through the kin County Sheriff Bryan state Department of Public Bailey, Chief Deputy Ken Safety Division of Public McBroom and other law Safety Planning, and the officers. Bailey and some of Casey Foundation provides the officers ran with the some funding, Marshall said. teens in the Governor’s Run. Harrison County Court Their goal is to participate in Judge Margaret Alfonso, the half-marathon event of said, “The mission is to im- the Mississippi Blues Mara- prove the juvenile justice thon in January. system without compromis- The running program is ing public safety....JDAI is one of a series of alterna- built on the foundation that tives to detention utilized by secure detention is to be Rankin County officials as used for those who are a part of the Juvenile Deten- danger to the public, or a Rankin County Juvenile Detention Center Director Eric Fox tion Alternatives Initiative. flight risk.” JDAI is a national pro- Juveniles who are neither ing them busy and keeping County saw a 4.2 percent gram which seeks to elimi- a danger to the community them off the streets,” Judge decrease; Adams, 5.1 per- nate inappropriate or unnec- or a flight risk can benefit Alfonso said. “It’s career- cent; Leflore, 12.6 percent; essary use of secure deten- from rehabilitative programs building, character-building, and Washington County, tion, minimize re-arrest and without confinement. Judge recreational and fun....You 11.2 percent. failure to appear rates pend- Alfonso said, “You just just have to find their The risk assessment ing adjudication, ensure ap- can’t treat juveniles like you strengths and nurture that evaluation process helped propriate conditions of con- would adult prisoners. With and help them with their Washington County reduce finement in secure detention, children, there has to be a weaknesses. Every child has the number of juveniles held reduce racial and ethnic dis- true commitment to rehabili- a strength. We don’t always in detention, said County parities, and redirect re- tation, as opposed to just find it early enough,” she Court Judge Vernita King sources to sustain successful punishment. There are better said. Johnson. However, she said reforms, according to Gloria ways of dealing with the Counties participating in there is work to be done Salters, state co-coordinator juvenile justice system than JDAI use a systematic ap- toward reducing the number for JDAI. incarceration.” proach to evaluate all cases of juveniles who are taken Five Mississippi counties Harrison County Youth to determine whether a juve- into custody. participate in the Juvenile Court works with non- nile should be detained Judge Johnson said that in Detention Alternatives Ini- profits to place at-risk chil- while awaiting adjudication Washington County, Afri- tiative. Adams, Leflore and dren in constructive pro- by the Youth Court. A risk can-American juveniles are Washington counties were grams. In 2011, Hope Com- assessment tool utilizes a taken into custody in dispro- the original pilot sites start- munity Development point system that takes into portionate numbers. Ninety- ing in 2008. Rankin County Agency of Biloxi paid for account the nature and seri- eight percent of the juveniles became involved in the pro- six youths ages 15 to 17 to ousness of the offense and who are brought to the gram in 2010, said Assistant work for the Youth Court. other factors. The point Washington County Juvenile Attorney General Patricia Nine teens worked for the score on the risk assessment Detention Center are African Marshall, state co- Youth Court this summer, determines who should be American; the population of coordinator for JDAI. Harri- Judge Alfonso said. The detained, released or super- Washington County is about son County kicked off its teens did office work and vised in an alternative pro- 65 percent African Ameri- program July 13, 2012. helped with recreation, gram. can, Judge Johnson said. Initial funding came crafts and feeding of chil- Rankin, Adams, Leflore “We want everyone to get from the private, non-profit dren housed at a shelter. The and Washington counties all equal treatment regardless of Annie E. Casey Foundation. court also found outside saw decreases in the num- race, class or culture. We The U.S. Department of funding to enable three chil- bers of juveniles detained want that in our juvenile Justice Office of Juvenile dren to attend summer camp. during the 2011 fiscal year, justice system. We want it to Justice Delinquency Preven- “What I’m doing is keep- according to Salters. Rankin be a neutral setting,” Judge October 2012 Page 5

Johnson said. “We want to portunity to find and de- about drug abuse, drunken showed the youths a style of deal with the offenses. We velop talents and interests. driving, teen pregnancy and gentle pressure, release and want to deal with the cir- Only one of the team has sexually transmitted dis- reward training. cumstances. We don’t want previous track experience. eases. Professional horse trainer to deal with race, class or Two of the team have done Some of the juveniles on Paul Thompson drew a par- culture because that should extremely well. Deputy Mi- probation have also served allel between working with not come into play with re- chelle Rhodes, who started as volunteers feeding the juveniles and horses. “If I gard to what to do with this the running program, plans homeless at a shelter. “The overpower them with pres- child or that child. A child is to try to get them involved purpose is to teach them that sure, they shut me off,” he a child.” in school track activities, you need to help others, and said. “To question is OK, Rankin County is working Bailey said. you are not as bad off as you but rebellion is out of the to reduce recidivism, Bailey “Everyone has a talent or think you are,” said Rankin question.” said. Many adult offenders interest. It’s just a matter of County JDAI Coordinator Thompson, formerly of got into trouble as juveniles. finding that talent or inter- Dawn Mapp. “It’s also a Pelahatchie and now living The JDAI program seeks est,” Bailey said. way to engage the youth in in Rocky Face, Ga., worked ways to address the prob- Since February 2012, ju- community service and giv- through catching, haltering lems which cause juveniles venile officers with the Ran- ing back.” and leading the horse. He to commit offenses, in an kin County Sheriff’s Depart- The Rankin County Area waved and draped ropes, effort to prevent repeat of- ment have organized a series Extension Agent talked garbage bags and tarps to get fenses and to prevent cross- of life skills presentations about the importance of ag- the horse accustomed to ing over into the adult crimi- for youths in detention and riculture in the state’s econ- sights, sounds and sensa- nal system. on probation. “We want omy. Juveniles in the deten- tions. His training style Detention alone isn’t a them to be successful,” Fox tion center or under Youth holds the horse’s attention, deterrent, Fox said. “If I said. Court probation supervision makes him understand, and continue putting him in de- A Metropolitan Bank offi- may soon begin learning rewards his efforts. After an tention, I’m ultimately going cer talked to youth about how to grow vegetables. hour’s work, the horse stood to put him in prison some- credit. A representative of Two high tunnel green- as Thompson waved around day,” Fox said. Temp Staff gave tips about houses were ordered through a loud running chainsaw, “If we can find something job hunting and interview- a U.S. Department of Agri- minus the chain. on the front end to curtail it ing. The Brandon Fire Chief culture grant. “Eventually it “If you are willing to put or stop it, it’s going to help spoke about careers in the will provide some of the the time and effort in the our county,” Bailey said. fire service. Talks have in- food the children who are right way, you will get posi- Bailey said training for cluded etiquette and appro- detained will be eating. It’s tive results,” Thompson told and participating in races priate behavior with mem- also to teach them how to the crowd. “We are going to teach the teens about setting bers of the opposite sex. grow crops and feed them- get control of him without and achieving goals through Other programs included selves,” Mapp said. physically hurting him,” he hard work, discipline, and discussions Juveniles got a lesson in said as he worked with the sticking with something. horse sense during a June 13 horse. “First comes trust, It’s also an op- program. Horse trainers then a little understanding, set up an arena near the and now respect.” Pelahatchie detention A Flowood couple whose center and put two children are on probation highly trained Ten- said they would use the nessee Walkers equine demonstration as a through their teaching moment for their paces, including son and daughter, who were kneeling and under house arrest after be- later picking up ing caught smoking mari- and returning juana. “We are going to talk one of the to them in the car on the way owner’s hat. home and say, ‘This is what Then they we are trying to do with you. unloaded a green There are consequences to yearling Quarter your actions,’ ” the woman Paul Thompson demonstrates horse training to Rankin County youths. Horse and said. Page 6 October 2012

Partnership works to build better lives for children of troubled families

A group of inner-city pants shared ideas and a dren’s Jus- Jackson elementary school common desire to make tice, recalled students picked not for aca- changes that will benefit what an- demic excellence, but for vulnerable children and other par- their need of a math and families. The gathering was ticipant said science boost, took first intended to be a catalyst to at a national place statewide the past two continuing collaborative conference years after participating in efforts. several the Fusion Robotics Team years ago: summer program. “Until peo- Cade Chapel Missionary ple in posi- Baptist Church of Jackson tions of provided the coaching in leadership science, engineering and that have a mathematics, and the Foun- heart for dation for the Mid-South children get funded the program for involved, we third- through fifth-graders. are spinning The youngsters won first our wheels.” place in statewide competi- Pierce said, tion in research in 2010, and “We are in mechanical design in going to 2011. take respon- “What we wanted to do Chief Justice Bill Waller Jr. sibility....We was take these boys and let are at the them see that if they get the Supreme Court Chief Jus- crossroads opportunity, that they could tice Bill Waller Jr. said, “We and we are be anything they wanted to as a court look forward to going to be in those areas,” Cade collaborating with all the make a dif- Chapel Executive Pastor stakeholders.” ference and Rev. Reginald M. Buckley Supreme Court Justice partner with told more than 150 people you.” Rev. Reginald M. Buckley gathered at the Mississippi T h e Children’s Museum May 10 Communities of Hope pro- Casey Family Programs is for a program focused on gram seeks to alleviate the the nation’s largest private improving the lives and fu- need for foster care by work- foundation focused on fos- tures of vulnerable children ing to strengthen families ter care and improving the and families. and help them deal with the child welfare system. The At the heart of the discus- economic hardships, lack of non-profit works as partners sion was children in foster education and housing and with child welfare systems care, and how to improve other problems and stress across the country to im- their current conditions and factors that make family ties prove practices and policies. plant seeds of hope for their unravel. Department of Human futures. Seattle-based Casey Fam- Services Executive Director Philanthropists and clergy ily Programs, one of the Richard A. Berry welcomed came together with child philanthropic creations of cooperative efforts. “This welfare leaders, educators Justice Randy G. Pierce the late United Parcel Ser- initiative will be a big help, and the judiciary for a pro- vice founder Jim Casey, has a big boost for us. It’s about gram called Building Com- Randy G. Pierce, co-chair of pledged economic resources the children. We never want munities of Hope. Partici- the Commission on Chil- to the effort in Mississippi. to lose sight of that.” October 2012 Page 7

Casey Family Programs lies to work out problems, grade education, but she Foundation for the Mid- works to reduce the need for and looking to the support earned a GED, then a col- South. foster care. The foundation’s of relatives when parents are lege associate’s degree. She The Foundation for the strategy is to help child wel- not able to care for a child. taught in the Head Start pro- Mid-South was established fare agencies focus on pre- “Our motto is to work gram until she retired. Bell to bring together the public venting family crises that with the family to keep the and a sister earned doctoral and private sectors and focus lead to separation and foster family together as much as degrees, and a third sibling their resources on increasing care, rather than dealing we can,” said Choctaw died while working toward a social and economic oppor- with the aftermath of crises. Tribal Chief Judge Hilda Ph.D. tunity in Mississippi, Arkan- DHS Division of Family Nickey. sas and Louisiana. and Children Services Dep- Casey Family Programs Foundation President Ivye uty Administrator Lori Board of Trustees Chair Allen said, “We look at what Woodruff said children Shelia Evans-Tranumn said, makes a community whole: struggle with homesickness “We are in Mississippi be- a good education system, and long for their parents, cause there are too many healthy kids, healthy fami- friends, school and familiar children that are snatched lies, fathers and mothers surroundings, even when out of their homes in the who earn income that gives troubled home lives tear middle of the night. We are a family a living wage, qual- them apart. “Our children in Mississippi because ity housing, quality water.” deserve to grow up in per- judges have to see too many The Foundation works to manent families, not perma- families that stand disjointed make people aware of public nent placements. Our com- before their bench and have resources. “Sometimes the munities will be stronger if to make decisions about things that are needed are we work to remediate the where a child should go.” not necessarily about problems within the family She also expressed concerns Shelia Evans-Tranumn money,” Allen said. “It’s that brought their world and about child safety and stabi- about how to help people our professional world to- lizing educational place- Bell said, “Hope changes understand how to effec- gether.” ments for children. us. Hope changes the way tively utilize what’s avail- The Mississippi Band of Casey Family Programs we see others and hope able.” Choctaw Indians has a simi- President and CEO William changes the way we see the DHS Region V West lar approach. Tribal customs C. Bell, who grew up in world.” Director Tonya Rogillio call for working with fami- Pace in the Mississippi Buckley said instilling said, “Protecting children Delta, gave hopes and dreams is the and strengthening families a personal church’s mission. “When is not something our agency testament to you talk about hope and you can do alone. We cannot do the power talk about putting it inside it without the engagement of educa- them, you see that spark in and the buy in from our tion, and of their eyes and you know that community partners.” hope, to they have gotten it. And they More than two years ago, pull people now believe in themselves the Department of Human up out of and they will do everything Services began implement- poverty. He they believe the can do.” ing a new child welfare recalled Cade Chapel works exten- practice model. Changes are how his sively in the areas of educa- being made region by re- mother and tion and housing improve- gion, Rogillio explained. her five ment for the needy. “It re- Implementation teams in children quires the kind of partner- each region include repre- were ships, believing in the integ- sentatives of other state evicted as rity of each other, believing agencies, private non- sharecrop- in the possibilities. Our min- profits, the courts, foster pers when istry could not do it by it- parents, people who grew up he was self,” Buckley said. Church in foster care and other com- small. She tithes are coupled with munity members. had a fifth- Choctaw Tribal Chief Judge Hilda Nickey grants from the non-profit Page 8 October 2012

Presiding Justice Carlson honored with Chief Justice Award

Presiding Justice George He previously served for C. Carlson Jr. of Batesville 19 years as a circuit judge is the recipient of the 2012 for the 17th Circuit District Chief Justice Award. of DeSoto, Panola, Talla- Chief Justice Bill Waller hatchie, Tate and Yalobusha Jr. announced the award counties. He served as vice- July 13 at the Mississippi chair of the Mississippi Cir- Bar Convention. The annual cuit Judges Conference in award recognizes individu- 1998-1999, and chair of the als whose work improves Conference in 1999-2000. the judicial system. Justice Carlson served on Justice Carlson was hon- the Governor's Criminal ored for his 30 years of pub- Justice Task Force in 1991, lic service, including 11 the Commission on the years on the Supreme Court Courts in the 21st Century and 19 years as 17th District 1992-1993, the Profession- Circuit Judge, and for his alism Committee of the Mis- leadership. Presiding Justice sissippi Bar 1998-1999, and Carlson chairs the Supreme on the Law School Profes- Court Rules Committee on sionalism Program Task Civil Practice and Procedure Force 1998-1999. and the Mississippi Model He is a member and past Jury Instructions Commis- president of the Panola sion. He became a presiding County Bar Association and justice and a member of the the William C. Keady court’s Executive Commit- American Inns of Court, a tee in 2009. Fellow of the Mississippi Chief Justice Waller said Bar Foundation, and a mem- that Presiding Justice Carl- that his friend and col- memorable for me. I am ber of the Lamar Order of son “believes that there is no league’s leadership and as- honored that Chief Justice the University of Mississippi higher calling than that of sistance in the administrative Waller felt that I was deserv- School of Law. Sigma Chi public service, and has de- and rule-making matters of ing of such a prestigious Fraternity selected him as a voted 30 years of his life to the court have been invalu- award. Also, to have Whit 2012 recipient of the frater- serving the people of the able. “He has performed Waide, one of my former nity’s Significant Sig Award state of Mississippi through tremendous service far law clerks and now a profes- for achievement in profes- his work on the bench. You above and beyond the duties sor at Mississippi State Uni- sional and civic endeavors. see that commitment to ser- of deciding cases,” Chief versity, in attendance to Justice Carlson is a 1964 vice in the tone of his opin- Justice Waller said, noting make remarks on my behalf graduate of South Panola ions, in the conduct of his that Justice Carlson has au- was very meaningful as High School. Outside the personal life, and in his as- thored more than 300 major- well.” court, he is probably best sociation with other justices, ity opinions for the court. It was Presiding Justice known as the radio play-by- attorney and employees. He After receiving the Chief Carlson’s second time to play announcer for the South is a tireless worker who of- Justice Award, Justice Carl- receive the Chief Justice Panola Tigers. ten is the first in the office son stated, “This indeed is Award. He shared the He earned a Bachelor of and the last to leave. Yet he an occasion I will always award in 2003. Science degree from Missis- always makes the time to remember. To have my Justice Carlson was ap- sippi State University in stay in touch with his home wife, our children and their pointed to a vacancy on the 1969, and a law degree from district, such as swearing in spouses, and our three Supreme Court on Nov. 1, the University of Mississippi local public officials.” grandchildren in attendance 2001. He will retire in Janu- School of Law in 1972. Chief Justice Waller said made the day especially ary 2013. October 2012 Page 9

Justice Lamar receives Susie Blue Buchanan Award

Justice Ann H. Lamar of from November 2001 until on the Supreme Court’s Senatobia received the 2012 May 2007. She presided Rules Committee since Susie Blue Buchanan over the 17th Circuit Drug 2001. She also serves on the Award. The Mississippi Court. Board of Governors of the Bar’s Women in the Profes- She served as District Mississippi Judicial College. sion Committee presented Attorney in the 17th District In 2008, Justice Lamar the award during the Price- from January 2000 until served as Co-Chair of the Prather Luncheon at the November 2001. Before her Commission for the Study of Mississippi Bar Convention. election as District Attorney, Domestic Abuse Proceed- The Susie Blue Buchanan she served nine years as an ings. As a circuit judge, she Award recognizes women assistant district attorney served the Conference of attorneys who achieve pro- and eight years in the private Circuit Court Judges as chair fessional excellence and practice of law. After in 2006-2007, vice-chair in influence other women to graduation from law school, 2005-2006, and treasurer for pursue legal careers. she practiced law with her three years. She is a mem- Justice Lamar is the third husband, John Lamar, in ber and past president of the woman to serve on the Mis- Senatobia. William C. Keady American sissippi Supreme Court. She attended Northwest in 1974. She earned her law Inns of Court. She is a for- Former Gov. Haley Barbour Mississippi Junior College degree from the University mer member of the Board of appointed her May 21, 2007. and earned a Bachelor of of Mississippi School of Directors of the Mississippi Justice Lamar served as a Science degree in education Law in 1982. Prosecutor’s Association. 17th District Circuit Judge from Delta State University Justice Lamar has served Justice Pierce honored for work protecting children

Justice Randy G. Pierce of the lives of children and Practice and Leakesville was honored for youth....He has demon- Procedure and his work protecting the in- strated a unique ability to be the Rules terests of children. He re- innovative, tenacious, tire- Committee on ceived the Lookin’ to the less and compassionate.” Criminal Prac- Future Award on June 22 Justice Pierce has worked tice and Proce- during the Lookin’ to the to implement system reform dure. He is an Future Conference and the to insure that the child wel- adjunct profes- Mississippi Conference on fare system stays focused on sor at the Uni- Child Welfare, sponsored by the safety and best interests versity of Southern Christian Services of children. For the past two Southern Mis- for Children and Youth and years, he has served as co- sissippi. the Mississippi Department chair of the Commission on He earned a of Human Services. Children’s Justice. Bachelor of Adams County Court He was chair of the House Science De- Judge John Hudson and Education Committee and gree in ac- Rankin County Court Judge Appropriations Subcommit- counting from Thomas Broome in a nomi- tee on Public Education. He USM. He was nation letter called Justice was appointed in 2005 to the a Certified Pierce “one of the statewide 16th Chancery Court. Public Ac- Justice Randy Pierce talks to a second-grader. champions for children who He joined the Supreme countant be- has used his positions of Court in January 2009. He fore receiving a Masters earned a law degree from the leadership in the Legislature serves on the Supreme Court Degree in business admini- University of Mississippi and the courts to improve Rules Committee on Civil stration from USM. He School of Law. Page 10 October 2012

Judge Carlton earns Master of Strategic Studies from Army War College

Court of Appeals Judge in support of disaster relief a medical officer in the Mis- Virginia Carlton graduated efforts. sissippi National Guard. He from the U.S. Army War Judge Carlton said, “I deployed Aug. 17 to provide College July 27. enjoy serving as a military medical support for on- Judge Carlton, a colonel judge, and as an appellate going peace keeping opera- in the U.S. Army Reserves, judge for Mississippi. I tions and forces in Kosovo. earned a Master of Strategic work hard to try to hone and After discharge from ac- Studies degree. The U.S. perfect the art of judging and tive duty, Judge Carlton Army War College awarded to expand my knowledge of served as a public defender 349 degrees at a ceremony at the law.” and then as an assistant dis- Carlisle Barracks, Penn. As Judge Carlton was trict attorney in the 15th Judge Carlton said, “I completing her studies, her Judicial District. She served think it will help me become husband was preparing for in the House of Representa- a better officer, a better deployment to Kosovo. Lt. tives 2004-2006. She has judge and a better citizen. Col. Scott Carlton, M.D., a served on the Court of Ap- Primarily I did it to expand family physician, serves as peals since January 2007. Col. Virginia Carlton my knowledge of the law.” Judge Carlton has served as a JAG officer in the Army for 22 years. She is now MVLP honors Judge Brewer for pro bono support assigned to the U.S. Army Reserve judiciary as a Re- Chancellor Cynthia The Mississippi Volunteer Lowrey of Lumberton. Rec- serve judge. In fulfilling Brewer of Madison County Lawyers Project honored top ognition for a small law firm Army Reserve judicial duty was honored Oct. 24 at the attorney pro bono work by went to the Kitchens Law and drill requirements, last Celebrate Pro Bono Awards Christy Malatesta, Rick D. Firm of Crystal Springs, year she assisted the U.S. Reception. She was recog- Patt, Randall Patterson, which includes brothers Dan, Army Court of Criminal nized for contributions to Forrest Stringfellow and Matthew and John Kitchens. Appeals with 22 criminal continuing legal education Matthew Thompson, all of MVLP thanked technology courts-martial appeals and and encouragement of pro Jackson, Melissa Baltz of company BeCloud LLC for one court-martial trial. bono assistance. Ridgeland, and Kendra web site assistance. Judge Carlton pursued the degree for the past two years through a distance learning curriculum and spent two weeks each summer at the U.S. Army War College. Course work included studies in international rela- tions; national security and national defense strategy including examination of applicable legal authorities; national defense theory in- cluding study of applicable domestic and international legal authorities; strategic management of military re- sources at the national level; rule of law initiatives inter- nationally; and military as- sistance to civil authorities Left to right are Judge Cynthia Brewer, Matthew Kitchens, Dan Kitchens, and Matthew Thompson. October 2012 Page 11

Judge Jim Roberts receives Lifetime Achievement Award

pointed him Commissioner of did arbitration and mediation, Wednesday. Public Safety in 1984. He was and taught for six years in the “I’ve had a marvelous ca- appointed, then elected chan- University of Southern Missis- reer, even though I never cellor in the 1st Chancery Dis- sippi criminal justice program. planned it, even though it’s trict in 1988. He was elected He taught two courses each been in a sort of odd or eccen- to the Supreme Court for a semester, driving from Pon- tric order,” he said. term which would have begun totoc to Hattiesburg every in January 1993, but took of- fice early when Justice James L. Robertson left office early. Justice Roberts resigned from Judge Weill hunts gators the Supreme Court in 1999 to run for governor. He later ran By Judge Jeff Weill Sr. was limited to an area just unsuccessfully for lieutenant north of the Reservoir and to Circuit Judge Jim Roberts governor. Canst thou draw out leviathan the mouth of the Pascagoula was speechless. “I’ve been on the ballot 12 with a hook? Job 41:1(a) River on the Coast. This year, And that’s rare for the vet- times. Been fortunate to win A couple of weeks ago my for the first time in 100 years, eran jurist and inveterate sto- eight of them. That ain’t bad lawyer friend Matt from almost the entire state is open ryteller from Pontotoc. for baseball,” he said. Greenville called and asked for those chosen by lot to The Mississippi Bar hon- His next judicial post after me to join him on an alligator hunt alligators, and the giants, ored Judge Roberts, 67, with the Supreme Court was as hunt in the Mississippi Delta. which have grown long and the Lifetime Achievement Pontotoc Municipal Judge. Right away. That very night. fat in Mississippi waters, are Award at the July 2012 Bar “People occasionally say, After a silent prayer of available for harvesting. Convention. Attorney Hal ‘Why on earth would you do appreciation for my under- Back on the bayou, we Miller of Ridgeland also re- that?’ I did it because I was standing and thoughtful wife, spotlighted an alligator in ceived the Lifetime Achieve- asked to do it by the city fa- I cancelled our Friday night short order but he submerged ment Award. thers. I remember how good dinner plans and, with prac- as we approached. As al- “I’m still in awe,” Judge that community has been to ticed sincerity, asked her if ways, the challenge in gator Roberts said. “It never oc- me. I did not consider it be- she wanted to join us on a hunting is getting close curred to me that I was even neath my dignity at all to serve gator hunt instead. My actual enough to snag him with a eligible for the Lifetime on that bench.” words were, “How about a treble hook. On reflection, Achievement Award, much He has been Circuit Judge quiet dinner cruise?” snagging gators with treble st less that I would receive it. I of the seven-county 1 Circuit Though considerably hooks is probably as far re- know there are so many peo- District since January 2007. younger than me, Tracy moved from the experience of ple out there who are abso- He even stood in for a Justice couldn’t quite chase me down most Northsiders as scuba lutely deserving. ” Court judge a few times, sign- with a fireplace poker, which diving in the Arctic Ocean. The award is presented to ing warrants. I considered a too brusque At any rate, the first gator got individuals who have devoted Service on the Supreme “no thanks” as I bolted for the away and we moved on up service to the public, profes- Court had a lasting effect. “I door, grabbing her new cam- the bayou. sion and the administration of don’t feel as though the appel- era on the way. Allow me to digress again. justice throughout a profes- late courts are looking over A few hours later Matt and What sets alligator hunting sional career. my shoulder every minute. I were slowly making our apart from more traditional Judge Roberts’ career of Having been there, I have way up Steele Bayou in a hunting is the appearance of public service spans more than some idea of what they look small aluminum jon boat, danger. That’s a big deal for 40 years. He became county for.” armed with light fishing bragging purposes. “Hah. prosecutor shortly after gradu- He didn’t plan to be a judge. tackle and a spotlight. You think hand-grabbin’ ating from University of Mis- “When I was younger, I as- For the uninitiated, legal rattlers is hard, try rasslin’ sissippi School of Law, and pired to be in the Legislature alligator hunting in Missis- an alligator!” This is that served 12 years while also or a district attorney. I was sippi is a fairly new sport. rare sport where most people maintaining a private civil never able to achieve either.” When the fish and game folks think the hunter can become practice. Gov. Bill Allain ap- In between judgeships, he opened it up in 2006, hunting Continued on back page Page 12 October 2012

Judge Patten receives Justice Achievement Award

Hazlehurst with the 2012 1999. He practiced law in served for four years on the Justice Achievement Award. Hazlehurst before being Bar Complaints Tribunal. Court Administrator Beth- elected to the bench. He served on the Task Force any Lewis presented the Judge Patten previously to Strengthen Confidence in award on April 26 in Jack- served for two years as the Legal System and on the son during the Trial and Ap- chairman of the Conference Legislative Study Commis- pellate Judges Conference of Chancery Judges and two sion on the Mississippi Judi- and Mississippi Court Ad- years as conference vice- cial System. He was in- ministrators Conference. chair. He was a member of ducted in 2003 as a Fellow The award is presented the Mississippi Code of Ju- of the Mississippi Bar Foun- annually to an individual dicial Conduct Study Com- dation. He is a Mississippi who by personal resolve, mittee, and was vice-chair of Bar Commissioner and for- persistence and endeavor has the Bench-Bar Liaison Com- mer president of the Copiah selflessly contributed to im- mittee. Judge Patten served County Bar Association. provement of the administra- for more than seven years Judge Patten earned a Chancellor Edward Patten tion of justice. on the Supreme Court Advi- Bachelor of Science Degree The Mississippi Court Judge Patten has served sory Committee on Rules, in pharmacy from University Administrators Association as chancellor of the 15th including more than three of Mississippi and a law honored Chancery Judge Chancery District of Copiah years as chairman and two degree from University of Edward E. Patten Jr. of and Lincoln counties since years as vice-chair. He also Mississippi School of Law. Leadership selected for trial judge conferences

Chancellor Cynthia Brewer Judge Robert Chamberlin Judge Kent McDaniel Judge Thomas Broome Chancery Conference Chair Circuit Conference Chair County Conference Chair Youth Court Judges Chair

The Conferences of Chan- Brewer of Madison County seph Kilgore of Philadelphia conference chair. He previ- cery, Circuit and County was elected Chancery Con- is conference secretary. ously served as vice-chair Court Judges elected officers ference chair after having Chancellor William and secretary-treasurer. Cir- on April 26 during the served for a year as vice- Singletary of Clinton is cuit Judge Charles Webster Spring Trial and Appellate chair. Chancellor Kenneth treasurer. of Clarksdale is vice-chair, Judges Conference. M. Burns of Okolona is Circuit Judge Robert and Circuit Judge Smith Chancellor Cynthia vice-chair. Chancellor Jo- Chamberlin of Hernando is Murphey of Batesville is October 2012 Page 13

Chancellors, families celebrate National Adoption Month

Six or more children are ple families finalizing adop- man Services is seeking expected to have adoptions tions. Judge Bradley said adoptive parents for more finalized Nov. 6 in Boone- she always looks forward to than 100 children, according ville during a mass adoption presiding over adoption pro- to Angie McLeod Williams, before Chancery Judge Mi- ceedings. “It’s always a joy Director of Permanency chael Malski, and 13 chil- for me to be a part of that Planning for DHS Division dren are expected to com- final step in making that unit of Family and Children's plete adoptions Nov. 8 be- a family,” Judge Bradley Services. In August, 526 fore Chancery Judge Dawn said. “Their little faces are Mississippi foster children Beam in Hattiesburg. just beaming with happiness. were legally free for adop- November is National It’s the best thing about my tion. Of those, 363 were Adoption Month. The De- job that I do.” living with families who partment of Human Services The Department of Hu- plan to adopt them. has coordinated mass adop- tions and celebrations in several districts. Chancellor Jaye Bradley Chancery Judge Jaye MADCP names 2012 officers Bradley got an early start, cated through the Youth celebrating Adoption Day Courts as abused or ne- Tracy Swafford of Cleve- on September 27 in Pasca- glected, Judge Bradley said. land was elected president of goula. Fourteen children “These families literally Mississippi Association of gained security and perma- save these kids’ lives,” Drug Court Professionals nency of adoptive families Judge Bradley said. “To give May 10 during the eighth during those proceedings. a child a family is a tremen- annual statewide conference Most of the adoptive par- dous gift.” in Hattiesburg. ents had been foster parents It was Judge Bradley’s Swafford is drug court for the children. Most of the fourth time to presided over coordinator for the 11th Cir- children have been adjudi- an Adoption Day with multi- cuit Drug Court. She previ- ously served as vice- president. Conference leadership, continued Hinds County Justice Court Judge Frank Sutton is secretary-treasurer. term were held in September vice-president of MADCP. Rankin County Court 2011. T a m e l a H a r d y o f Judge Kent McDaniel was Rankin County Court Greenville is secretary. Tracy Swafford re-elected chair of the Con- Judge Thomas Broome is Hardy is case manager for Members of the MADCP ference of County Court chair of the Council of the 4th Circuit Drug Court. Board of Directors are Linda Judges, and Washington Youth Court Judges. DeSoto She previously served as an Edison of Jackson, MADCP County Court Judge Vernita County Court Judge Celeste at-large member of the immediate past president King Johnson was re-elected Wilson is vice-chair. Stone MADCP Board of Directors. and director of Improving vice-chair. Judges McDaniel County Youth Court Referee Jackie Chatmon of Jack- Quality of Life; Sammy and Johnson have served as Rebecca Taylor is secretary- son is treasurer. Chatmon is Webb of Senatobia, coordi- chair and vice-chair since treasurer. Clay County Transitional Outreach Pro- nator of the DeSoto County 2004. Lauderdale County Youth Court Referee Tho- ject Technical Assistance Youth Drug Court; and Ja- Court Judge Veldore Young mas Storey is Chair Emeri- Coordinator at the Missis- mie Peoples of Moss Point, was elected secretary. tus. Adams County Court sippi Department of Mental coordinator of the Jackson The Council of Youth Judge John Hudson and Health. She previously County Youth Drug Court. Court Judges elects officers Forrest County Court Judge served as an at-large mem- Joey Craft of Clinton, state on a different schedule. Michael McPhail are legisla- ber of the MADCP Board of drug court coordinator, is an Elections for a four-year tive liaisons. Directors. ex-officio board member. Page 14 October 2012

Court of Appeals hears cases on college campuses

The Mississippi Court of Appeals kept a busy sched- ule with its Court on the Road Program this fall, hear- ing oral arguments on four college campuses as well as at the Adams County Court- house. Court on the Road in- cluded arguments at the Ad- ams County Courthouse in Natchez Aug. 8, Jones County Junior College Sept. 11, University of Southern Mississippi Oct. 4, and Mis- sissippi Valley State Univer- sity Oct. 9. A three-judge panel will hear oral argu- ments at Mississippi State Judge Virginia Carlton, center, answers a student’s question Sept. 11 at Jones County University on Nov. 13. The Junior College. Chief Judge Joe Lee is at left, and Judge Eugene L. Fair is at right. court made its annual visits state’s first appellate court, clerks, and the educational very methodically and pro- to the Mississippi College created by the 1817 Consti- paths which prepared them. fessionally.” School of Law and the Uni- tution, met at the Adams Judge Virginia Carlton em- Journalism student Nikki versity of Mississippi School County Courthouse in 1818 phasized the importance of Smith said she appreciated of Law this past April. and continued to hold its writing skills for attorneys, the experience of a first ex- The Court of Appeals semi-annual meetings in clerks and judges. posure to a court proceeding. schedules oral arguments on Natchez, even after the seat English, history and po- Presiding Judge Tyree college campuses and other of state government moved litical science undergraduate Irving presided in Natchez locations as a teaching tool. to Jackson in 1822. degrees prepare many for and Itta Bena. “Many peo- Court of Appeals Chief The visit to JCJC in Ellis- law school, but some clerks ple’s concept of the court is Judge Joe Lee this year in- ville was the court’s first chose other paths before law what they see on television. creased campus and court- trip to that campus. Circuit school. Law Clerk Shuntal By getting an opportunity to house visits. Judge Billy Joe Landrum, S. Dean of Jackson majored observe our Court on the Chief Judge Lee said the who helped arrange the in psychology. Courtney Road program, I think it will program gives students in- visit, told an auditorium full Parker Wilson of Ridgeland give a very realistic view of terested in careers in law an of college and high school majored in music with an what the court does and de- opportunity to watch an ap- students, “This is an oppor- emphasis in voice. Amy bunk some of the notions pellate court proceeding. It tunity for all of you to see Strickland of Jackson ma- that are not very positive also helps acquaint the pub- what most people don’t get jored in hospitality manage- about how justice is dis- lic with the workings of the an opportunity to see.” ment. pensed. The community will appellate court. “It provides JCJC President Jesse JCJC student Sam Thor- be able to see that when an opportunity for people to Smith said the oral argu- rod, native of Great Britain, judges sit down to decide see what we do,” he said. ments exposed the students remarked on the “complete cases, we are serious, we are It was the first time in re- to “the mastery of language lack of drama” in the argu- not making fun of parties cent history for a state appel- and critical analysis” re- ments. “It was to the point.” that come before the court, late court to convene in quired to argue a case. Judge Carlton told stu- we are not scolding Natchez, although that city Judges and law clerks dents, “There are no theat- them....All can benefit from holds a significant place in talked to students about the rics. They are not going to seeing how courts work in the history of Mississippi’s operation of the Court of entertain us or sway us. real life.” appellate court system. The Appeals, the work of the law They are going to present October 2012 Page 15

Former Justice Joel Blass “lived professionalism by example”

Former Mississippi Su- He practiced law in Wig- preme Court Justice William gins 1946-1965. He served in Joel Blass of Pass Christian the Mississippi House of died Oct. 23, four days after Representatives 1953-1960. his 95th birthday. In 1965, he became profes- Funeral services will be sor of law and director of held at 11 a.m. Oct. 27 at St. research at University of Thomas Catholic Church in Mississippi School of Law. Long Beach. Visitation is 5 He later served as associate to 8 p.m. Oct. 26 at St. Tho- dean. He joined the Gulfport mas Catholic Church. firm of Mize, Thompson and Mississippi Supreme Court Blass in 1971. He was in Chief Justice Bill Waller Jr. private practice until his ap- said, “He was a great legal pointment to the Supreme scholar and outstanding Court. He returned to teach- leader of the bar for many ing at University of Missis- years. He lived professional- sippi in 1991 as the Whitten ism by example and was an Chair of Law and Govern- inspiration to attorneys and ment. He practiced law with judges.” the firm of Mize, Blass, Le- Court of Appeals Judge noir and Laird in Gulfport Virginia Carlton served as a 1991 to 1994, then was of law clerk to Justice Blass counsel with Gerald Blessey starting in 1989. “He took his and Associates in Biloxi. duties very seriously. He He was Outstanding greatly impressed upon us Teacher at University of Mis- that every case is important sissippi School of Law in and affects lives,” she said. Former Justice Joel Blass in his yard in a 2002 photo 1969. He was a member of “He impressed upon us the the Board of Bar Admissions duties that go with the public II of Biloxi said, “He was his father was a Baptist min- 1979-1985, and was on the office, and the importance of very progressive and was one ister, so the family moved National Conference of integrity in the judiciary and of my heroes and inspired me numerous times. He attended Commissioners of Uniform adherence to the law. He to go on and study law....He East Mississippi Junior Col- State Laws 1981-1988. He loved the law.” was a leader in racial recon- lege and Pearl River Junior was a Fellow of the Ameri- Chancery Judge Jim Per- ciliation” in the 1950s. “He College. He earned his A.B. can College of Trial Law- sons of Gulfport said Justice was a real stalwart and an and LL.B. from Louisiana yers, the Young Lawyers Blass touched all parts of the example of what a lawyer State University. Division of the Mississippi legal profession – lawyer, ought to be. He was a real He was admitted to the Bar, and the Mississippi Bar law professor, legal scholar progressive and believed in Louisiana Bar in 1940, and to Foundation. He received the and judge. He was much the rule of law.” the Mississippi Bar in 1947. 1999 Mississippi Bar Foun- admired by the bench and bar Former Gov. Ray Mabus He served as a Special Agent dation Professionalism “for his civility, integrity, appointed Blass to a vacancy of the Louisiana Crime Com- Award, and the 2000 Missis- honesty and forthrightness on the Supreme Court in mission 1940-1941. He sippi Bar Lifetime Achieve- and his legal ability and in- 1989. He served through served in the U.S. Army ment Award. He was listed tellect,” Judge Persons said. December 1990. He was 1941-1946. He was awarded in Best Lawyers in America. “He had a brilliant mind. He defeated in his election bid the Bronze Star for combat He was a Knight of St. was a good man and a good by Justice Chuck McRae. duty in Europe during World Gregory, and served two lawyer.” Blass was born in Clinton War II. He served a year on years as president of the Former Mississippi Bar on Oct. 19, 1917. Both of his active duty during the Ko- Jackson-Natchez Diocesan President Leonard Blackwell parents were teachers, and rean conflict. Pastoral Council. Page 16 October 2012

Men v. Gator

hook. The alligator was none the morning being dragged by 11-foot, 350-pound gator to too pleased and lurched for- alligators across dark bayous. the boat. We wired him up the ward, the drag on Matt’s reel From time to time he would best we could and headed bawling like a mule. He took surface, frown at us in a ga- home. Matt ran the motor line out an alarming rate, tory sort of way, then paddle while I crouched, clutching heading straight for the off. I managed several times the beast, as we crawled along weeds lining the shoreline. to get a second hook in him the bayou at roughly the speed Then he stopped—in the but he broke off. One problem of a slug full of cat food. An weeds. was that Matt had him hooked hour passed and the boat be- Matt quickly rewound the in the rear end, which made gan to sink again as we won- line and we succeeded in him hard to manage. Each dered what could make us feel driving the alligator out of time we got close enough to more miserable. the weeds and into the main try to snare him around the Lightning split the sky. A channel. Matt’s line, how- neck, he pulled away since we driving rain followed. ever, was snarled up in could only bring his tail end Between the close lightning vegetation. He frantically toward the boat. Once Matt strikes and the fast-arriving peeled off the greenery and tugged mightily in that effort dawn, I noticed that the bayou announced, “I’m down to a and got whomped by the giant looked wider than it had been bare spool and have no line tail as the gator dove to get seven long hours before. left. Catch up with him or away. Rather than relay that plebian he’ll break off!” I cranked Our problems mounted. observation to my buddy, I the trolling motor up to full “Matt, we’re sinking.” got to the point. throttle, which is about the Here we were, worn slap “Matt, we’re going the speed of a catfish on dry out in a small boat on a deep wrong way.” ground, but somehow we bayou with six inches of water In the struggle with the caught up with the gator and slopping around, slowly cir- alligator, we had gotten turned averted the crisis. He sank to cled by a Volkswagen-size around and were heading up, the bottom to sulk—think alligator, and my first concern rather than down, the bayou. wounded lion in The Short was for my wife’s new cam- We turned the boat and in that Happy Life of Francis era, soaked and blinking for- unsurprisingly complicated the hunted and the, er, eater Macomber—while we floated lornly in the bottom of the maneuver—boats are hard to can become the eaten. Sev- above planning our next boat, along with my cell turn when lashed to large rep- eral years ago my sons, their move. phone and wallet. We man- tiles—the gator slipped and friends and I landed a 12- The fight was on for the aged to scoop out a few gal- began to sink. I was prepared foot gator on the Pearl River next seven hours. lons of water to stabilize the to go in after him but fortu- after a titanic struggle. The It usually takes an hour or boat. nately Matt, bless his presence first view of that beast ris- so to wear a gator down so At 4 a.m. or so, near the of mind, grabbed him by the ing, open mouthed, from the that he can be quietly dis- end of our strength, we horsed foot. With cramped hands we depths rattled us all even patched at boat side. This guy the alligator alongside, still re-attached the gator to the though we knew we were didn’t get that memo. He strong but tired. Somehow boat and headed to the boat safe and secure on a large pulled us like a parade float we snared him and loaded the ramp. ski boat. It’s only really dan- back and forth across the shotgun, all the while keeping In our surreal world follow- gerous when you hunt gators bayou, me on the trolling mo- the fishing lines tight. Matt ing that sleepless night on the from a small boat. tor, Matt tight-lining his fish- finished him with a blast from bayou we somehow—in a As I mentioned, Matt and ing pole. Occasionally the the 12 gauge. cold rain and grey dawn—got I were…hunting gators in a gator would hug the bottom Our struggle wasn’t over. that alligator home and small boat. and Matt and I would stomp The gator was suddenly dead winched to a tree in Matt’s About 9:30 p.m. Matt on the boat to herd him away weight and we realized he backyard. I left Matt to enjoy spotted a good sized alliga- from the weedy shoreline and was far too big to haul into the the acclaim of the local tor slowly making its way up back into the main channel. boat, so we decided to drag neighborhood kids while I the main channel and read- We were slowly wearing him behind us. If you’ve ever drove home across the Delta, ied his rod. I ran the trolling him down, while he was dressed a squirming 2-year- anticipating a warm bed and motor as Matt expertly cast quickly wearing us down. old for church, you have a thinking of the best way to the 80-pound test line over I’m 55 years old and generally small idea of how challenging explain what happened to the gator’s back and set the don’t spend the wee hours of it was to secure that slippery Tracy’s new camera.