Ellington

WJNT radio host Kim Wade filed a petition for removal against Mayor Frank Melton with the circuit clerk's office Friday afternoon, as reported first at jacksonfreepress.com.

Wade's petition relies on Article 6, Section 175, of the Mississippi Constitution, which states that "all public officers, who in willful neglect of duty or misdemeanor in office, shall be liable to presentment or indictment by a grand jury; and, upon conviction, shall be removed from office, and otherwise punished as may be prescribed by law."

Wade's petition points out that Melton pleaded guilty to weapons misdemeanors in November, and it states that "Melton appeared at each of the buildings in question in his capacity as mayor ... and that he was invited to events at each of these locations to represent the City as its mayor."

The petition calls for the court to rule that Melton "is not entitled to the office of Mayor of the City of Jackson," and that his office be declared vacant. The petition also calls for all costs, including attorney's fees, to be charged to Melton.

The prospects for Wade's petition in court appear unpromising, however. State law, specifically Section 25-5-1, governs removal of public officials and explicitly limits such removals to convictions for felonies. The Constitution trumps state law, but the courts are unlikely to find any conflict between the Constitution and state law because usage of the word "misdemeanor" has changed since the Constitution was written.

"When Dante refers to Satan's gay hordes, he might mean that they're merrily attired, but he certainly does not mean that they're homosexual because 'gay' wouldn't take on that meaning for hundreds of years," said Mississippi College of Law professor Matt Steffey.

"Similarly, we know for certain that the word 'misdemeanor' in the Constitution does not mean a crime punishable by less than one year in jail, as we use the word today. There is some debate about what (misdemeanor) does mean, but I believe the best definition is malfeasance in office, when an official has misused or corrupted the office he holds."

Wade confirmed to the Jackson Free Press that he delivered a copy of the petition to Melton Tuesday but said he would let the petition speak for itself.

Melton declined to comment through a spokesman.

Previous Comments

ID

67452

Comment

I'm glad he filed the claim regardless if it has merit or not. I think a whole bunch more people wish it had more teeth then it did when Melton was elected.

Author

pikersam

Date

2007-02-21T17:35:54-06:00

ID

67453

Comment

Certainly, at the least, Melton is showing how badly Mississippi laws need to be strengthened in order to give citizens a way to remove bad public officials. I wonder if anyone will lead *that* charge. Could be Melton's primary legacy, when it's all said and done. ;-)

Author

DonnaLadd

Date

2007-02-21T17:49:47-06:00

ID

67454

Comment

If the governor wanted to have a true legacy, he should call for a state constitutional convention as a goal for his second term. That would be the best way to send a message that this is a new Mississippi, and would allow us to clarify and strenthen such laws.

Author

Willezurmacht

Date

2007-02-21T17:56:37-06:00

ID

67455

Comment

Who knows the real deal between Wade and Melton? Both of them are nuts in different ways. Can I get sued for saying that? I will rephrase it, In my opinion.....

Author

Goldenae

Date

2007-02-23T12:24:01-06:00