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District Attorney Challenges Chief Justice

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An updated version of this story will appear in the print edition Wednesday, June 21.

District Attorney Faye Peterson says she's at her wit's end on trying to finance two new judges coming into Hinds County at the behest of Mississippi Supreme Court Chief Justice James Smith Jr.—a move she called political. "Right now I'm sitting here writing a letter to Hinds County (supervisors) asking for almost $400,000 so I can hire some folks to help with this supplemental docket. That's what it's going to cost, because I do not have enough folks," Peterson said last week. "We already do not have enough people. They just doubled the workload but they basically didn't even ask me about it." Peterson delivered that letter today to the Hinds County Board of Supervisors.

Peterson accused Smith of using the court order to push his campaign for re-election next year. "This ain't nothing but an election-year thing, and I've said over and over that nobody should be campaigning on the backs of the citizens of Hinds County like this. This is wrong," she said today.

In response to Smith's wishes, the Mississippi Supreme Court announced May 30 that it was continuing the temporary appointment of retired Hinds County Circuit Judge L. Breland Hilburn, but adding retired Hinds County Circuit Judge William F. Coleman to hear cases for a period of five months between July 10 to Dec. 31, 2006—which overlaps with prime campaign months for judges up for re-election.

In a letter mailed to legislators in February, Smith noted what he considered an "excessive backlog of cases," and labeled the Hinds County court system "deplorable, unacceptable and in need of a major overhaul." Smith said a new judge would help mitigate the amount of legal paperwork facing the Hinds County justice system.

The Mississippi Supreme court approved the new judges via a Supreme Court order, giving circuit court judges little room for argument. Gov. Haley Barbour tapped into newfound FEMA appropriations money intended for law enforcement in hurricane-damaged areas to pay the salaries of the two judges.

The district attorney points out, however, that the new judges would represent new costs that are not adequately addressed by FEMA, the Mississippi Legislature or Hinds County.

"Normally, when you add a judge, through the Legislature we get two more assistant district attorneys, an investigator and a financial addition to our office to cover the expenses with state credit. I'm a state office. They circumvent that by appointing judges, an finding some FEMA money … for their salaries, but who is supposed to pay for the assistants, the investigators and the office allowance," Peterson said. "If your idea is to supplement, then just supplement everything. Supplement the public defender, the prosecutor, and the investigator. You supplement the whole process. You can't just add two judges."

Today, June 19, Peterson submitted a letter to supervisors asking for four prosecutors, two investigators, office space and equipment for each of the new required employees. "[T]he salary (of the new attorneys) would have to be commiserate with that of an experienced prosecutor at no less than $67,000, excluding fringes for each attorney and no less than $40,000 for each investigator," she wrote in the letter. Peterson said the new employees will also require furniture, computers and other necessities at an estimated cost of $15,000.

Supervisors did not offer an immediate answer at the June 19 county board meeting, but Peterson said she did not expect supervisors to be able to comply with the request.

"I haven't got my hopes up, but I had to tell them what I need to make this work," Peterson said.

County supervisor Doug Anderson backed up Peterson's pessimism.

"I would say the chances of her getting this money looks bleak," Anderson said. "I understand we've already got some requests from judges coming up … asking for salary increases for some of their staff."

Smith, ultimately the source of Peterson's recent stress, was on hand at the June 19 county board meeting to request those staff pay increases for judicial staffs.

Money is tight in the county for a number of reasons. Hinds County Sheriff Malcolm McMillin asked for a $90,000 increase in his fuel allowance to combat the rising cost of gas for his department vehicles, and estimated that another $80,000 may be necessary before the end of the year. Some of his vehicles are in need of serious repairs, with many patrol cars logging in more than 300,000 miles on their odometers.

Also, the county is living on borrowed money already, having authorized a bond issue of more than $7 million to plug holes in the budget.

"We're doing whatever we can to make ends meet," Anderson said. "Now the city (of Jackson) has promised that it would share in the additional costs for the D.A.'s office and the public defender's office too, but I don't know if they have the money. All I hear from them is they don't have money. I just don't know, but I think it's going to be difficult for the county to pay the full cost of all these additional people that we need."

City administrator Robert Walker did not return calls regarding the city's willingness to support Peterson, but Peterson said Walker told the board on June 19 that the city did not have the money to help.

Mayor Frank Melton said during the legislative session that the city would do whatever it could to help the county loosen any bottlenecks in the justice system but council President Marshand Crisler, a sheriff's deputy, made no bones about the city's faltering money supply.

"To be honest with you, I think our city budget is in the worst shape I've seen it in since my time in office," Crisler said recently.

Peterson asked Attorney General Jim Hood to supply two assistants (at least one on a full-time basis), but Hood's office is also stretched thin and frequently has to outsource case files to private firms. Hood was not reached for comment by press time.

The district attorney and some circuit court judges say they are alarmed by other facets of Smith's order. Peterson took particular issue with Smith's order to randomize the caseload between judges.

Smith directed circuit court judges in a May 30 order to "establish and put into effect a criminal case assignment system which randomly assigns all criminal cases (regardless of case type) among the four judges on an equal basis, rather than continue to use a category assignment system."

Peterson called that order "outrageous."

"This means that the attorneys have got to know how to do everything, but they can't be in all four courtrooms. I have two attorneys on who I have spent a lot of money training how to do sex crimes and child abuse cases. That's all they know how to do. Now you want to divvy all the sex crimes up just randomly between the judges? Everybody can't do a rape case; everybody can't do a child abuse case," Peterson ranted.

"On 'Law and Order' what crimes does the prosecutor try: nothing but murders. Know why? Because that's his expertise. We have prosecutors who do drugs, prosecutors who do sex crimes, and prosecutors who do DUI. They don't jump around."

Peterson railed that Smith's unfunded order was destined for failure and could successfully paint her office to be the weak spot in the breakdown. Circuit Court Judge Tomie Green said this move could be an intentional way to discredit Peterson's office.

"Anybody that would deny this has had their heads stuck in the sink," Green said. "Hinds County has never had a black D.A., and it certainly has never had a black woman D.A., and people don't understand that and don't accept that. That Wood Street case (which won no convictions) got blown out of proportion in the press, but that next week she successfully tried a capital kidnapping murder and attempted murder and aggravated assault and got convictions, and the papers didn't even carry it."

Green added that Smith's decision could be an election-year ploy.

"Next year is Smith's election year, and this year the senior judge has opposition and the governor has his own election next year, so call it what you may, but I certainly would have not allowed the sheriff and Frank Melton to set the priorities for the judiciary in Hinds County," Green said.

Smith did not return calls from the Jackson Free Press regarding this story.

Previous Comments

ID
66460
Comment

hey Faye, training attorneys to do only one thing? REAL smart. One of them dies, gets sick, has a conflict of interest, or heaven forbid, gets an offer from a law factory doubling or tripling the salary THEN you are stuck with NO ONE to prosecute. You don't put all of your eggs in one basket when you have limited resourcces. and WHAT was the purpose of bringing race into it Ms. Green? I wasn't aware anyone else had done so. If you have to use that to defend your position on this issue that is pretty bad.

Author
Kingfish
Date
2006-06-19T22:46:18-06:00
ID
66461
Comment

Good story. May I make a suggestion? Would be curious to see how many cases there are on the docket per judge and then compare that average to other jurisdictions to see if they are really overwhelmed. Ms. Green's comments are should also subject her to discipline by the Commission on Judicial Peformance. Her comments about Chief Justice Smith and that this was a method of discrediting a DA and about race were pretty inflammatory, unprofessional and unethical for a sitting judge.

Author
Kingfish
Date
2006-06-19T23:18:25-06:00
ID
66462
Comment

what the heck????? delete the ones at 11:16. Have NO idea what happened there. thanks.

Author
Kingfish
Date
2006-06-19T23:19:37-06:00
ID
66463
Comment

Given the way Justice has been handled (or not) in Hinds in the past 30 years, can we be suprised this is happening?

Author
Ironghost
Date
2006-06-20T08:38:21-06:00
ID
66464
Comment

Peterson and Green are smart, capable, and honest individuals. Boyh are good lawyers to boot. I don't blame them for taking their positions. Judge Green will never let anyone bulldoze her or anyone she knows unjustifably. Both are probably correct in their assessment of the matters. Their interests and situations should have also been considered, too. I know Judge Green well from our college days. I applaud her.

Author
Ray Carter
Date
2006-06-20T09:37:15-06:00
ID
66465
Comment

The Clarion-Ledger's version of this story today.

Author
DonnaLadd
Date
2006-06-20T10:26:16-06:00
ID
66466
Comment

Ray, I don't care, its still unprofessional and she should be cited for it. Race had nothing to do with it. There are plenty of counties that have Black Judges and DA's. Go read the code of ethics. A judge does not say that about another judge. There is a way to state your position without saying and Ms peterson made her points much better than Green did. Ms Peterson didn't use race and even though I disagreed with them, made some releveant and valid points. Saying it was about race was garbage and unprofessional for a judge.

Author
Kingfish
Date
2006-06-20T10:55:09-06:00
ID
66467
Comment

Jimmy, I'm not surprised you don't care. Lots of people don't care. Lots of people do care too. Certainly there are a few black judges in this state. Just because race isn't often mentioned doesn't mean its not often or occasionally a consideration. There are unspoken but real perceptions about all of the persons discussed in this article. If Green is cited she would have lots of people who would help her pay any fine she gets. As a person who handle cases where mostly everyone wants me to lose in the worse way including many judges I see all kinds of questionable and damning behavior and conduct. People have been threatening to lock my butt up for fighting it a few times. I fight on anyway. I hope to make the system all it deserves to be. Since there are many people displeased with Peterson's office, how do we know some people won't do thing to discredit and hurt her. I don't really know what the judge's or Supreme Court's true intentions are. I hope they are to move the cases. I believe the goal is to likely move the cases. But I know we have mere human beings in each position. Not perfect human beings or Gods. It's factual that Peterson is the 1st black DA Hinds County has had. It's likewise factual that Peterson needs help to handle those cases appropriately or she will be blamed in a very unflattering way. Peterson knows she has to look out for herself else she misses out and gets unfairly blamed. Recent history is a testament to this fact.

Author
Ray Carter
Date
2006-06-20T11:26:10-06:00
ID
66468
Comment

I will admit Jimmy that I wish she hadn't said it.

Author
Ray Carter
Date
2006-06-20T11:37:14-06:00
ID
66469
Comment

My point is she violated the code of ethics and professional conduct. Kristi Smith Miller went to school weith me at Hinds, MC, and MC Law. We were buds. Do I like her? Yeah. Was she wrong for that shooting over in Ridgeland? Definitely. I'm sure Ms Green but that is not the way to do it and yeah, I think the CJP should at least reprimand her for it. It also makes a white party wonder if he will get an unbiased hearing in front of her if facing a black party. See what I mean? Opening your mouth up like that is good for no one, including her. She should've just let Ms. Peterson fight that fight and leave it alone. Trust me, there ARE proper channels for her to use if she feels that strongly about it. Tell you what, as a lawyer say to a reporter a judge has it in for you, a party, or another llawyer because of race and see if sanctions are not applied in some form.

Author
Kingfish
Date
2006-06-20T11:43:28-06:00
ID
66470
Comment

one more point Ray, I still say its a bad idea to only have one or two prosecutors trained in certain crimes. That leaves you very vulnerable if something happens and one of them can not handle a case or leaves. They all should be able to prosecute crimes and not just specialize. I also disagree about not using part time ones as she did in the paper. If you have some experienced ones that no longer work there, why not use them for cases in case you are short staffed and can't hire a full time one?

Author
Kingfish
Date
2006-06-20T11:46:21-06:00
ID
66471
Comment

I agree with Ray. I don't see an "ethical" problem with what the judge said. And the truth is, sometimes it *is* about race, no matter how much many people don't ever want race mentioned again, even when it's a factor. There is no progress in following a political correctness that says one can't ever mention race; that's no better than blaming everything for race, or excusing morons because of their race. Open, honest discussion is vital. Personally, I've seen many, many, many examples of Peterson being attacked based on nothing, or plain lies -- leading me to believe it's because she's black and a woman. Does that mean she does nothing wrong, or should not be held accountable when she does? Of course not. I still can't get over The Clarion-Ledger endorsing her opponent last round who had never tried a case. I believe to my core that that was an example of institutional racism if I've ever seen one. Of course, with the logic that David Hampton uses on choosing his columnists, there is no wonder.

Author
DonnaLadd
Date
2006-06-20T11:47:21-06:00
ID
66472
Comment

Also, Jimmy, I don't think she is saying that attorneys can only do certain kinds of cases. I think the point is that big cases need attorneys with certain expertise. It sounds a bit like her office is being set up for failure here; it makes complete sense that you've got to have the whole team ready if you bring on more judges. That sounds real political to me.

Author
DonnaLadd
Date
2006-06-20T11:49:24-06:00
ID
66473
Comment

It also makes a white party wonder if he will get an unbiased hearing in front of her if facing a black party. See what I mean? No. That's an overreaction. Simply talking about the challenges that face a white D.A. -- especially the ones that are damned obvious to anyone not in denial about it -- does not automatically translate into what you're saying. One would need much different, and stronger, evidence that the judge will not be fair in the courtroom to make your statements about it ring true. I'm rather glad to see other judges care enough about the entire process to speak up about what looks like political stunts being pulled by some of the judges. We need that kind of accountability in the system, instead of some thin, judicial line.

Author
DonnaLadd
Date
2006-06-20T11:52:10-06:00
ID
66474
Comment

Ms Ladd, read the code of ethics and conduct. Sorry but Lawyers and judges are officers of the court and are held to a higher standard and well they should be. I didn't say anything about her free speech rights but there is a code she has to adhere to just as you have a code of journalism ethics you believe in following. I think Ms Peterson is attacked more because she is in a high profile job and in the largest city in the state. It is a criminal justice system that has alot of problems be it with judges, police, our mayor, etc and the person at the top is the one who catches the heat. The Northside Sun has done a decent job over the years in showing how the judges have had a lot to do with what is perceived to be prosecution problems. Its perfectly fine to talk about race but a sitting judge saying that about another sitting judge is not fine and hurts both Justice Smith and Judge Green.

Author
Kingfish
Date
2006-06-20T11:55:02-06:00
ID
66475
Comment

Mr. Hendrix, link it -- or at least quote it. You seem to be the expert. I'm not saying they shouldn't be held to a higher standard; you just haven't presented a compelling argument yet that anyone quoted here has violated that standard. Try backing up your opinion better. And let's go to the videotape to remind everyone of the "race" comments that bother you so: Circuit Court Judge Tomie Green said this move could be an intentional way to discredit Peterson’s office. “Anybody that would deny this has had their heads stuck in the sink,” Green said. “Hinds County has never had a black D.A., and it certainly has never had a black woman D.A., and people don’t understand that and don’t accept that. That Wood Street case (which won no convictions) got blown out of proportion in the press, but that next week she successfully tried a capital kidnapping murder and attempted murder and aggravated assault and got convictions, and the papers didn’t even carry it.”

Author
DonnaLadd
Date
2006-06-20T11:58:42-06:00
ID
66476
Comment

Jimmy, I do understand the code of ethics problem that might have been violated. Your comments went right to the perception thing I mentioned. Judge Green is a fighter for what she believes is right, and because of it, many whites have long unfairly called her racist, which she isn't. There are equally strong perceptions of the other folks involved too by other races.

Author
Ray Carter
Date
2006-06-20T11:59:05-06:00
ID
66477
Comment

I don't see anyone being accused of being a Klansman here, Jimmy. I think you're being a tad over-sensitive on the race issue. By your standard, it seems that it would have been "unethical" for a judge in the '60s to speak out against decisions that seemed to be racist.

Author
DonnaLadd
Date
2006-06-20T11:59:15-06:00
ID
66478
Comment

I understand the concept of training someone to have expertise in certain types of prosecutions. However, you know as well as I do the turnover rate among prosecutors. At some point I would still make sure every or most prosecutors were trained well in all crimes so if someone left you were not hurt that much.

Author
Kingfish
Date
2006-06-20T12:01:08-06:00
ID
66479
Comment

Of course. But that's not what she's saying here. Suddenly, they are adding judges (perhaps to free up other judges to campaign?), but without corresponding attorneys. It doesn't take a genuis to see the problem of what might end up happening to the cases as a result. Then, of course, the D.A. will be blamed, just as she was when she couldn't use Melton's shoddy evidence to convict the Wood Street folks. I think it's wise for her to speak up now rather than later. She seems to be a straight-shooter.

Author
DonnaLadd
Date
2006-06-20T12:05:09-06:00
ID
66480
Comment

Just to add some context -- as Ladd rightly requested -- from the Code of Judicial Conduct, which governs the behavior of MS judges: "A judge shall respect adn comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary." Canon 2(A). There are others than may apply, but Judge Green's statements do run counter to the promotion of the integrity of the judiciary (not hers, but Chief Justice Smith's integrity). Ms. Peterson was very effective in pointing out the problems with just appointing two special judges without fully funding the process. Judge Green, who has always been one to speak her mind, expressed her displeasure as well -- but did so in a way that at least makes one think about the Judicial Canon. Open and honest discussion is, as Ladd points out, always best. But, unfortunately, neither lawyers nor judges are free to engage in public open and honest discussion if it violates either the Rules of Professional Conduct or the Code of Judicial Conduct. Newt

Author
Newt
Date
2006-06-20T12:08:45-06:00
ID
66481
Comment

I agree with you, Ray. Smith's actions can only be described as not-so-salient political posturing. Did any Mississippi Supreme Court Chief Justice ever attempt to insert him/herself into the workings of the Hinds County Court system when Ed Peters was DA? Absolutely not! And we all know that that's when the bottleneck started in earnest. Indeed, as Peterson said, how in the hell can Smith purport to fix a problem when he has not communicated with Peterson, who quite rightly said there's more to the court system than judges. Much more. Smith's political maneuvering is exactly why I believe Mississippi needs to abolish its archaic practice of electing judges, including to the State Supreme Court. And as for *unprofessional* behavior or conduct, Smith should be held accountable for politicizing the issue. Keep kickin' a$$, Judge Green and DA Peterson!

Author
Kacy
Date
2006-06-20T12:09:50-06:00
ID
66482
Comment

CANON 1 A Judge Shall Uphold the Integrity and Independence of the Judiciary An independent and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining, and enforcing high standards of conduct, and shall personally observe those standards so that the integrity and independence of the judiciary will be preserved. The provisions of this Code should be construed and applied to further that objective. Commentary Deference to the judgments and rulings of courts depends upon public confidence in the integrity and independence of judges. The integrity and independence of judges depends in turn upon their acting without fear or favor. Although judges should be independent, they must comply with the law, including the provisions of this Code. Public confidence in the impartiality of the judiciary is maintained by the adherence of each judge to this responsibility. Conversely, violation of this Code diminishes public confidence in the judiciary and thereby does injury to the system of government under law. That is the first Canon. It is pretty broad. Accusing a Chief Justice of trying to discredit a sitting DA who is not the subject of an investigation undermines public confidence in the judicial system. and yes, I do take it somewhat seriously, I have a law degree and even though I do not practice I still have respect for the judicial system.

Author
Kingfish
Date
2006-06-20T12:13:18-06:00
ID
66483
Comment

Certainly Newt. Hopefully, some consideration will be given for context, spirit, and the heat of passion involved.

Author
Ray Carter
Date
2006-06-20T12:16:18-06:00
ID
66484
Comment

One could certainly, and hopefully would, argue that "upholding the integrity of the judiciary" includes speaking up about clearly naked political ploys that do not, in fact, uphold the integrity of the judiciary. This river flows several directions. Just sayin'.

Author
DonnaLadd
Date
2006-06-20T12:20:41-06:00
ID
66485
Comment

Accusing a Chief Justice of trying to discredit a sitting DA who is not the subject of an investigation undermines public confidence in the judicial system. Hmmm. So does: a Chief Justice trying to discredit a sitting DA who is not the subject of an investigation

Author
DonnaLadd
Date
2006-06-20T12:22:02-06:00
ID
66486
Comment

However, as Chief Justice he does have certain responsibiliites and can claim some authority to do what he is doing. I don't think he has it in for Ms. Peterson, I just think she is in the spotlight because that is the nature of the position. She doesn't get enough funding from county obviously, the judges are not the best in the world, then there is the acrimony between her and melton. If the state will do its part and fund a couple of judges, I think the City and County need to work with her and give her the support she needs to make it work. I do think she should reconsider on using part time attorneys. That may be a solution if the judges are temporary.

Author
Kingfish
Date
2006-06-20T12:25:23-06:00
ID
66487
Comment

Jimmy, as an engineer with a background in process engineering, I agree with your assertion that it is better to have cross-trained employees. However, this is a secondary preference in situations where resources are constrained and expertise in carrying out the task is preferred. That is the case here. Also, as a business executive, I agree with you and would definitely like to see a comparison of our DA office's practices compared to 'best practices' in the country to know whether the current attorneys are used well. But I'd like that for all of our government, from the governor's office down to our school janitors, and I have yet to see that available for any such office. So, as a local citizen who has been able to get to know DA Peterson somewhat through social connections, I must rely on trust in the individual to carry out their jobs effectively -- and I unequivocably believe that Ms Peterson is the person that everyone, black/white/brown/male/female/rich/poor, in the metro area would want to have in her position. We are very fortunate to have such a dedicated and capable person willing to fill this public service post.

Author
Leland Jr
Date
2006-06-20T12:29:24-06:00
ID
66488
Comment

This whole discussion certainly shows the problems with such a broad canon of judicial ethics for judges who are elected. That is becoming clearer to me by the second. I can only imagine when, and by whom, the rules were written in this state. Bottom line: If the judges are going to be elected, I want people in a position to know who are willing to speak up about naked political ploys and about judges who are not respecting the office of the district attorney. I find this encouraging, not troubling, at least so far.

Author
DonnaLadd
Date
2006-06-20T12:30:37-06:00
ID
66489
Comment

Rules, canons, and ethics that govern the conduct of lawyers and judges were around when black folks couldn't even go to law schools and be judges. They were around when white male judges and white male lawyers clearly practiced open and hostile racism against blacks and women, and made no difference at all. These times have passed us by. Everyone is now hopefully making an effort to follow these rules, canons and ethics. This certainly includes Judge Green who is a law and order person, and a good judge and person. There won't be a day when she allows anyone regardless of so-called position run over her without a fight. People have tried, and she knows people will attempt to do the same thing to Peterson. She can be wrong, just like evryone else, but she tries to do what is right.

Author
Ray Carter
Date
2006-06-20T12:30:55-06:00
ID
66490
Comment

I agree Ray. I have reservations about the appointment of the two new judges for a number of reasons -- including authority, funding, and timing. I never expected less from Judge Green than for her to speak her mind. She is vigilant about reminding all of us how difficult it can be and, I am sure, often is for her and, by extension, Faye Peterson, Jannie Lewis (Yazoo & Holmes County judge), and other female, African-American elected legal representatives. Newt

Author
Newt
Date
2006-06-20T12:46:42-06:00
ID
66491
Comment

Come on Ray, so were laws against murder and rape, that does not make them any less valid. ;-) I think you will agree with me that if you read through the Code that it is pretty broad and has a standard I'd like to see followed. Ms Ladd, I'd still like to see a comparison on her caseload compared to other counties. If its much lower, than that bolsters the claim that Smith is trying to discredit her. But if it is much higher, we should know as well.

Author
Kingfish
Date
2006-06-20T12:48:53-06:00
ID
66492
Comment

Kacy makes the point that we should abolish elected judges. While I agree it is a flawed practice, appointments can also be flawed and just as -- if not more -- political. Putting aside the spectal that is made in Washington DC with seemingly every confirmation hearing, what if Frank Melton -- who people on this board have described as having a personality disorder -- had the authority to appoint judges? Just a hypothetical, but it brings to light that neither system is perfect. My idea is elected, with longer terms (8 years), so the judge isn't always running for office but remains accountable to the people he or she serves. Also, stronger impeachment proceedings if such are necessary during the longer terms. Newt

Author
Newt
Date
2006-06-20T12:50:35-06:00
ID
66493
Comment

Newt elections got rid of Judge Jones in flowood much more quickly than if he had been appointed. Same with McRae.

Author
Kingfish
Date
2006-06-20T12:54:26-06:00
ID
66494
Comment

Perhaps you misread: I am not in favor of appointments. I favor elections, just with longer terms so the judge is not always campaigning or raising money or doing those things that may make it seem he or she is not doing the work of the court in a conflict-free way.

Author
Newt
Date
2006-06-20T12:58:10-06:00
ID
66495
Comment

I did. I was indirectly helping you out.

Author
Kingfish
Date
2006-06-20T13:02:22-06:00
ID
66496
Comment

Everyone seems to forget that Justice Smith made incendiary statements about the "deplorable and broken" criminal justice system in Hinds County. This came after he met with the sheriff and our esteemed mayor. He pretty much accused the Hind's judges of not working hard enough and the DA of not doing her job. I didn't hear muich about the inapproariateness of his remarks as they related to the "Judicial code of conduct". And why wasn't Peterson brought into the discussions by Smith at the beginning? I'm afraid Judge Green's comments are all too true when it comes to African American women in such positions as hers and Peterson. Too many people have remained too silent too long while these subtle attempts to denigrate AA female authority figures continues. I say Bravo to Green for her outspokeness.

Author
tomac
Date
2006-06-20T17:26:54-06:00
ID
66497
Comment

You're right, Tomac, and this would be my response to any attempt at sanctions or reprimand against Judge Green for what she said.

Author
Ray Carter
Date
2006-06-20T18:40:46-06:00
ID
66498
Comment

Tomac, then there is a remedy for the DA and that is to file a complaint with the CJP. Also nothing to stop Judges, Supes, Sheriff, and Peterson from getting together and telling him to butt out. However, Smith is the Chief Justice and he can take an interest in a county's judicial system to some degree and that is what he has done. I just said Green's comments were not a good idea and under the code, would get her in trouble. Tomac, exactly WHEN can someone like Ms. Peterson in her position be criticized or scrutinized? What is the criteria?

Author
Kingfish
Date
2006-06-20T22:59:05-06:00
ID
66499
Comment

Marshall Ramsey's cartoon today is about this story—which Adam broke Monday. Cheers to Adam.

Author
DonnaLadd
Date
2006-06-21T08:53:46-06:00
ID
66500
Comment

I agree, Hendrix, that Smith can, and should, take an "interest" in the judicial system in Hinds and anywhere else for that matter. If he did so on an equal basis, that would be just fine. Don't be deceived, however, concerning his real motivation. It is always easy to score points when you take on the chocolate hued criminal justice system that is Hinds County. Smith and others familiar with case load dispositions, know that the Hinds Circuit Court disposes of more cases than just about any other Circuit in the state on a per judge basis. That data is available to Smith from his own Court Administrator's office, yet he makes no mention of that fact. It wouldn't get him the headlines the way, "deplorable...", etc. would. At some point, someone has to call a spade a spade and Judge Green did that.

Author
tomac
Date
2006-06-21T11:10:03-06:00
ID
66501
Comment

he may be a klansman for all I know. regardless of motivations my problem was with the way she did it. There's a right way and wrong way and that was the wrong way, I don't care why. I haven't impugned her character at all, just the way she handled it. You can't have judges running around making those comments about other judges...PERIOD!!! Now, there is NOTHING to stop Ms. Peterson from filing her own complaint or getting the leaders together like I said. And she has not done that. Just like the buck is being passed to hood for prosecuting Melton on stuff when it IS within her jurisdiction. Instead of whining to the media, she should be following the avenues available if Smith is trying to discredit her office, etc. If as some of you think what he said is unethical, then ask her why she is not filing a complaint herself. Its not as though she is helpless here.

Author
Kingfish
Date
2006-06-21T11:50:23-06:00
ID
66502
Comment

I respect your opinion, Jimmy. I think it's safe to say, though, that not everyone here is convinced based on your argument.

Author
DonnaLadd
Date
2006-06-21T11:51:34-06:00
ID
66503
Comment

Hendrix, I don't understand where you are coming from. Peterson made similar remarks at Monday's County Board of Supervisors meeting. A meeting in which Smith and the Chief Judge of the Hinds Circuit (Yerger) also atended. Smith was there to ask the Supes for money for the Judges and their staff. In all of this Smith did not have the courtesy of contacting the DA to ask her what if any impact his UNILATERAL decision would have on her and the rest of the players in the system. She is not passing the buck. She is being just as forceful in her opinions and position as is Smith. It seems that when such forcefullness comes from an AA female it is somehow viewed as "whining". Seems to me Peterson is taking her "complaint" to the same venue as Smith: the media and court of public opinion. I say if its good enough for the goose certainly it's good enough for the gander As to Judge Green, she has not been "running around" complaining about another Judge. She was simply responding to a question put to her by the JFP; just as Smith was emboldened enough to characterize the entire Judiciary of Hinds as "deplorable" in response to the C-L. It seems okay for our assertive menfolk to criticize, but somehow it is "unethical" for our pushy women to do likewise. Right on to both women...

Author
tomac
Date
2006-06-21T15:13:13-06:00
ID
66504
Comment

tomac is making a very good point. There are some interesting double standards at play here.

Author
DonnaLadd
Date
2006-06-21T21:01:26-06:00
ID
66505
Comment

Smith is not a God and no office, rules, ethics, or canons can make him that in the opinions of many people. Of course with you excepted, Jimmy. By the way, Hey Joe is my favorite song of yours.

Author
Ray Carter
Date
2006-06-22T09:46:17-06:00
ID
66506
Comment

They can all act like kids if they want to. we're free to elect different people next time.

Author
Ironghost
Date
2006-06-22T10:25:55-06:00
ID
66507
Comment

No Ironghost, we are free to VOTE for different people next time. What Smith hopes for is that we ELECT different people next time...it ain't gonna happen.....

Author
tomac
Date
2006-06-22T18:59:58-06:00
ID
66508
Comment

I did not say she was passing the buck. I said the whole group of local leaders need to get together and figure out a plan of action. You also don't do that in a nice public forum, you get together and hammer things out in a summit of sorts. And if Smith ignores that group, then he needs to be called on the carpet from Mount Olympus for it. However, he should've offered the two judges after consulting with others about getting the proper support. Its like all the times we raised money to build roads and didn't bother to fund the maintenance.

Author
Kingfish
Date
2006-06-22T19:30:43-06:00
ID
66509
Comment

If I performed my job the same way that DA Peterson performs her job, there would be dead bodies lined up between here and Los Angeles, my malpractice company would drop me, and my malpractice attorneys would be rich beyond belief. I'm sick and tired of all the excuses. Ms. Peterson, and all those involved in the criminal and civil cases in Hinds County should have their feet held to the fire. Imagine being a woman in Hinds County who can't get divorced from her physically and psychologically abusive husband for almost three years because the courts won't/can't give her a court date! (And this is a civil case.) Imagine having a family member murdered, raped, or accosted without the perp coming to trial for YEARS! or plea-bargaining to an offense that holds no significant punishment. Ms. Peterson should attend to her job as if all her cases are life-threatening. Would you ask anything less from your physician if your loved one's life were in jeopardy? Would you complain? Would you sue? OF COURSE YOU WOULD! Why does Ms. Peterson get a pass? BTW, Judge Green has been reversed and chastised by her superior courts more than any other Hinds County Judge. She is hardly fair, and certainly not impartial when it comes to race, sex, and class. (You may find all this information on the Internet and the CL.) HDMatthias, MD

Author
HDMatthias, MD
Date
2006-06-22T21:37:09-06:00
ID
66510
Comment

HD writes: Imagine being a woman in Hinds County who can't get divorced from her physically and psychologically abusive husband for almost three years because the courts won't/can't give her a court date! (And this is a civil case.) If this is a civil case, what the hell does it have to do with D.A. Peterson? The district attorney's office only prosecutes criminal cases. Cheers, TH

Author
Tom Head
Date
2006-06-22T23:11:21-06:00
ID
66511
Comment

Right, Doc, what are you raving about here? And I haven't seen evidence that your accusations of the D.A. are true. Urban legend, yes. Truth, not that I've seen. And I've looked, and am looking. I'm kinda surprised that you're buying in so easily on this one.

Author
DonnaLadd
Date
2006-06-22T23:13:55-06:00
ID
66512
Comment

Doc, I wonder if you're now giving yourself some of that medicine you dispense. Many doctors do you know. Judge Green is not racist. Standing up to whites folks trying to bulldoze you doesn't make you racist. A ruling from the Supreme Court of Mississippi is certainly no evidence of any racism or even error in many instances. Racists write the kinds of articles I occasionally read in the Northside Sun.

Author
Ray Carter
Date
2006-06-23T08:44:33-06:00
ID
66513
Comment

Amen, Ray. Like the prize-winning column about blacks giving thanks every day for slavery. Or, calling people racist who stand up to racists.

Author
DonnaLadd
Date
2006-06-23T11:06:15-06:00

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