Ellington

[Verbatim]

I just want to clarify a couple of points for your readers.

First, this case is not about Judge Tomie Green. It is about the alleged probation violations of Frank Melton. Defendant Melton was convicted of three crimes. Although they were misdemeanors, they were still criminal convictions. I did not sentence him to jail. Instead, I placed him on intensive supervision (house arrest). Out of deference for the mayor, we did not make public the fact that he was on house arrest / wearing a leg anklet and had a curfew, along with other conditions. Also, we did not require drug and alcohol testing, all out of respect for him as mayor. I was careful to warn the mayor that if he violated the probation and bond conditions, he would be subject to serving six months in jail.

The law requires a probation officer to present an affidavit of alleged violations to the judge who presided over the trial. (That is why I transferred—not recused—the Melton/Recio/Wright cases but retained jurisdiction over Melton's probation. No one objected.) After the probation officer presents the affidavit to the trial judge, the judge then must issue an arrest warrant to be executed by the Sheriff. Once the Defendant is arrested, a probation hearing is held to determine the validity of the violation. If the violations are not proven by the prosecutor (in this case, the attorney general), then Defendant is returned to probation. It a violation is proven, the Defendant is subject to serve a portion or all of his suspended time.

Secondly, neither I nor my staff removed any document from the court files. When I recognized the wrong order had been printed and no exhibits had been attached, I asked Barbara Dunn, the circuit clerk, about withdrawing it. She retrieved the order and gave it to my court administrator and crossed-out the order in the minute book. The order was still visible, yet Mrs. Dunn put the notation indicating that the order had been withdrawn at my request because of a major error. We followed the clerk's directions to withdraw the order. The very next day, we filed a substitute order that had the very same ruling. There was no crime committed, and I take issue with Mrs. Dunn that such withdrawals have not happened like this before. For example, expungement of records happens quite often. We did not think anything of the withdrawal because even the Supreme Court withdraws orders and replaces them with new orders/opinions. Actually, the Supreme Court has withdrawn an order finding for one party, and when they re-file the order, they rule in favor of the opposite party.

Tomie Green
Circuit Judge

Previous Comments

ID

126490

Comment

Actually, the Supreme Court has withdrawn an order finding for one party, and when they re-file the order, they rule in favor of the opposite party. - TG This is true on the "crack house" ruling....the MSSC was in favor of Judge Green's ruling last December, yet you cannot find that ruling anywhere.

Author

JenniferGriffin

Date

2007-03-09T13:53:41-06:00

ID

126491

Comment

What I want to know is this? Does the SC order vacating this judge's arrest warrant also vacate the issue itself? Does the SC order recusing Judge Green refer just to this situation or all Melton's probation? Must a new judge be appointed to take over other probation violations? If so, by whom? Swan Yerger? By when? If this is the case, then right now Melton has no supervision whatsoever. Or does Judge Green stay on the job in the event of future violations of probation? And if so, why should we believe the SC would treat her any differently? Or for that matter, that SC would accept the arrest warrant of any judge. I'd like some one to help me understand where we go from here concerning Melton's probation--and whose court the ball is in now. Thanks.

Author

jasp

Date

2007-03-09T13:55:42-06:00

ID

126492

Comment

Agreed, jasp.

Author

JenniferGriffin

Date

2007-03-09T14:00:13-06:00

ID

126493

Comment

Agreed. jasp. We really need help in a 1,2,3 manner to understand (not so much what has happened) what will/should happen next.

Author

ChrisCavanaugh

Date

2007-03-09T14:34:56-06:00

ID

126494

Comment

I think this press release was ill advised. She's gotten in enough trouble by making comments. She was the one that bungled the filing of her documents and made comments to media. She should just be quiet for now. SHe made her case in court.

Author

Kingfish

Date

2007-03-09T14:54:34-06:00

ID

126495

Comment

"She's gotten in enough trouble by making comments." - Kingfish How do you know, King? There was no comment from the MSSC stating a reason. Anything we might think is just our assumption because to date, there is no comment from the MSSC. Since she is now off the case, I would imagine she can say what she wants. Her point is well taken - the case is not about her, and as for removing opinions, the MSSC has likewise demonstrated that it is okay to remove.

Author

JenniferGriffin

Date

2007-03-09T15:11:40-06:00

ID

126496

Comment

Because she was making comments about this case to the press. Cookie jar anyone? She made some not so nice comments about the Chief Justice last year. She has drawn heat for public comments before. Now she gets pulled off of a case where she gets accused of being biased against a defendent. Maybe if she would shut up and spend more time attending to filing the right documents instead of issuing press releases, she would not have gotten reversed this week.

Author

Kingfish

Date

2007-03-09T15:36:32-06:00

ID

126497

Comment

So, there is bias from the Chief Justice based on her comments last year? That sounds just like the Mayor's attorney's arguements.

Author

JenniferGriffin

Date

2007-03-09T15:44:50-06:00

ID

126498

Comment

I hope you hold the entire judiciary in our state to the same standards, 'Fish.

Author

DonnaLadd

Date

2007-03-09T16:21:04-06:00

ID

126499

Comment

Judge Yerger has asked the Supreme Court to appoint a special judge. Maybe we'll get another who seems as concerned about what is going on down here as Judge Webster. Cross your fingers, all.

Author

DonnaLadd

Date

2007-03-09T16:22:45-06:00

ID

126500

Comment

Donna, Any word from the Magnolia Bar Association is they plan any statement on behalf of Judge Green? The CL indicated they thought the Judge was wronged.

Author

JenniferGriffin

Date

2007-03-09T16:29:06-06:00

ID

126501

Comment

I do Miss ladd, I do. I think an impartial judiciary is an absolute and I think judges somewhat forfeit their right to free speech when they don the robes. I think if you are in the military or hold clearances you give up certain rights or privileges. I think that if you are a judge, you really should not make any comments outside of a courtroom about a judicial system of which you are a part of. There are ways to make your opinion known if you think another judge or court has acted wrongly.

Author

Kingfish

Date

2007-03-09T16:39:47-06:00

ID

126502

Comment

So, based on what I just read, Melton is enjoying a day home with his wife and will go to Texas on Sunday for visit or something with cardioligist. Guess Rev. Grant of Probation Services has been properly notified and cleared this. The ankle bracelet seems to still be in place. Guess he must wear this until someone authorizes its removal. Seems to me everything is in limbo until some judge agrees to look at the matter. What a mess! Status Quo or SNAFU would apply.

Author

ChrisCavanaugh

Date

2007-03-09T16:41:04-06:00

ID

126503

Comment

no one's gonna wanna touch this hot potato

Author

Izzy

Date

2007-03-09T16:53:08-06:00

ID

126504

Comment

I wonder if Melton is really doing what he says he's doing in Texas. Is there a Free Press out there that would do a little "research?" Maybe we could tip off the local media out there to check up on him.

Author

LawClerk

Date

2007-03-09T17:05:31-06:00

ID

126505

Comment

I've been out the whole week excepting today; however, I don't blame Judge Green for telling her side of the story. I wouldn't allow anyone to castigate or destroy my reputation on a judgment call that many would differ or disagree on. And I don't believe for one seconds she really bias or unable to be fair in those cases she's accused of being unfair in. I bet a valid argument to the contrary can be lodged. If she's guilty of anything it's being human enough to be real. Someone loses in every case. Cases get reversed all over the nation. Are those trial judges bias? Are the appellate judges bias too?

Author

Ray Carter

Date

2007-03-09T17:14:04-06:00

ID

126506

Comment

I messed up. I meant I don't believe for one second she's really bias...

Author

Ray Carter

Date

2007-03-09T17:16:00-06:00

ID

126507

Comment

Glad to have you back, Ray! Amid all the legal posturing and charades this week, I kept asking myself (and was tempted to write), "Where the hell is Ray Carter when we need him." I've often admired your ability to reduce complex legal issues and break 'em down in such a way that the Average Joe can understand. Before your next hiatus, check with the "Misdemeanon-in-Chief" to see if he's going to be batsh!t crazy and, if so, kindly cancel your trip and hang out with us. Misery loves company, don't you know! :-)

Author

Kacy

Date

2007-03-09T17:32:04-06:00

ID

126508

Comment

The ankle bracelet seems to still be in place. Guess he must wear this until someone authorizes its removal. According to WAPT, the bracelet is supposed to be removed.

Author

LatashaWillis

Date

2007-03-09T18:03:29-06:00

ID

126509

Comment

I think the candor and openess from Judge Green is refreshing and from her written statements so far it seems she has conducted herself appropriately with ample regard for the defendant's rights.

Author

GLewis

Date

2007-03-09T19:10:07-06:00

ID

126510

Comment

I'm an anonymous reader of Jackson Free Press who has started ablog which basically lampoons a situation eerily similar to this one. Of course, I'd never make fun of the real mayor, because that would be crass. That said, I don't think the MSSC set aside the original plea bargain. She wasn't recused from that matter, was she? She was recused from issuing the arrest warrant. Which is totally separate from the actual trial where he plead guilty. Hopefully, a new judge will step in and just go ahead and re-issue the warrant. Maybe they'll find one who has never had any dealings with Melton, so no type of recusal motion can stick. All I know is that this city is being run into the ground. I'm not willing to sacrifice the Constitution for the sake of attempting to reduce crime. Unfortunately, it appears many Jacksonians are.

Author

MooseKnucklers

Date

2007-03-09T21:25:48-06:00

ID

126511

Comment

you are correct. The alleged probation violations have not been erased nor has their adjudication. Meaning, we can be replaying the past ten days all over again. Another reason why Melton should step down. He won't though. Its like Caesar when facing the Optimates led by Cato and Pompey. Caesar would never lay down his imperium because he was completely at the mercy of his enemies and their prosecutions. In Melton's mind, if he resigns, he will be fighting his enemies, real and imagined, from a much weaker position. Right now he is mayor and has a city government and three councilmen behind him. He is not giving that up. Especially when it saves him money.

Author

Kingfish

Date

2007-03-09T22:24:07-06:00

ID

126512

Comment

Who is paying for Dale Danks? HDMatthias

Author

HDMatthias, MD

Date

2007-03-10T00:40:49-06:00

ID

126513

Comment

Word on the street is Danks hasn't gotten paid yet (it should be noted that was about a month ago though) Melton has the cash, he paid a differnt private lawyer 70K to negotiate the original plea deal much more quietly. AGamma627

Author

AGamm627

Date

2007-03-11T10:24:57-06:00

ID

126514

Comment

Did that private lawyer used to serve a public role?

Author

DonnaLadd

Date

2007-03-11T10:56:58-06:00

ID

126515

Comment

This is another example of why I wish we had appointed judges instead of elected ones. Politics taints everything in our state judiciary.

Author

Willezurmacht

Date

2007-03-11T13:15:06-06:00

ID

126516

Comment

ladd, I love you, we have met, I have worked for a certain cause for you in the past, but in this case for the attorney possibly serving in a past public role... I can never tell. AGamma627

Author

AGamm627

Date

2007-03-11T21:37:54-06:00

ID

126517

Comment

Thanks Kacy. I do try to make law simple and easily understood, which is why I think I connect easily with jurors and non-lawyers. In law school I spent many sleepless and hateful nights trying to decipher cases, ideas, theories, reasonings, and issues that someone full of themselves developed and wrote. I hated wasteing so much of my time reading that crap and decided I wouldn't repeat it in my discussions of law, etc.. Like me, most jurors despise those big word using, unnecessarily abstract, arrogant and condescending lawyers. Communication requires that the audience knows what the hell you're talking about. All other Hinds County Judges ran like a scalded dogs from Melton's cases, and the one with the courage and guts to not run gets unnecessarily castigated in my opinion. To my knowledge, there isn't any precedent, rule or law that demanded judge Green step aside, act or rule in a different way. Had there been those she would have followed them. Getting tired of Melton's acts doesn't make you unable to sit as judge in hs cases. She stepped aside on the others to avoid the appearance of impropriety. Judges are always angry or perturbed when they have granted you probation, thoroughly explained the rules of it, then see you again for violating those rules. Some show anger and some hide it; but most drop the hammer on you at the revocation hearing. The result is the same, only the appearance is different. Judge Wingate told me about 2 years ago that he has learned well to keep a poker face at all times so no one will know what he's thinking or feeling until he rules. Lawyers will do anything to get an advantage.

Author

Ray Carter

Date

2007-03-12T09:14:29-06:00

ID

126518

Comment

It would help if the SC did some explaining in their opinion also. I think Green made some very sloppy mistakes. However, I've also read the first 27 pages of the transcript and don't see the bias.

Author

Kingfish

Date

2007-03-12T09:24:23-06:00

ID

126519

Comment

OK, that's cryptic enough for me AGamm! I'll let it lie. ;-)

Author

DonnaLadd

Date

2007-03-12T10:03:33-06:00

ID

126520

Comment

These judges "run from melton like a scalded dog." Who is this Big Bad Wolf among us and what is really feared? Could it be Stephanie Parker-Weaver and her bull horn screaming to the top of her voice to a hand full of supportert/City employees? Could it be the fear of an appreciable number of Blacks in the community going balistic if their "leader" is jailed? Could it be that __fill in the blank?________. This is all so stupid and people around the Country are making this same assessment. Who in the hell are the people afraid of and for what reason? This is the question of the day. We need people who will stand up for what is right, not for what is simply, self serving or convenient.

Author

justjess

Date

2007-03-12T10:06:47-06:00

ID

126521

Comment

I salute Judge Green. How can you expect to do a illegal lynching to a judge and have her sit silently while you adjust the noose around her neck. SCREAM GREEN - SCREAM!!!!!!

Author

justjess

Date

2007-03-12T10:59:03-06:00

ID

126522

Comment

Agreed, justjess. She didn't run away and the other justices are fearful of the Mayor's attorneys smear tactics. Of all, that's probably more SAD for Jackson then anything the Mayor has done - fear on the part of Judges that apparently know now that it's not necessarily a matter of law anymore, but personality, priveledge, and politics. We'll see if the Attorney General is also running scared, or if he truly believes in the law and probably cause and as a new Judge is named, seeks a new warrant, or hopes that time will be his friend and everyone will just forget and move forward.

Author

JenniferGriffin

Date

2007-03-12T11:39:36-06:00

ID

126523

Comment

I have a suspicion that nothing will be done on the probation violations until after his trial in April on the felony charges- Regardless of the outcome of the April trial, I suspect that the probation violations will be remanded to his file and never prosecuted-

Author

Randy Harris

Date

2007-03-12T14:12:21-06:00

ID

126524

Comment

I agree with Randy. I afraid the new judge won't desire to get in the fray although he doesn't appear to have anything to lose since he's a special judge just for this case. He likely doesn't want the attention that will be caused by Melton's arrest and likely incarceration if the cases is presented. Few judges have the courage to do what judge Green did. Since Hood is a political animal who wants to get re-elected I don't expect him to urge the new judge to hear the revocation matter. I will have a hard time not pulling for Craig Washington in April at Melton's trial, but I'm hopeful we will finally be free of Frank, which means for at least one occasion I'm hopeful Craig will lose. Maybe Craig will get sick of Frank too and quit before the trial.

Author

Ray Carter

Date

2007-03-12T14:51:35-06:00

ID

126525

Comment

Ray, my good friend and distinguished lawyer from Madison whose opinion I highly respect. I must sincerely and respectfully disagree with you and the others this time. Faye is prosecuting Frank before Judge Green if I remember correctly. Last year in the JFP, there was a story about Faye criticizing Justice Smith over his assigning extra judges to Hinds County and their funding/support. Judge Green very vocally supported Faye, even going so far as to infer that racism was at the heart of the dispute, racism by the Mississippi Supreme Court and Justice Smith. At the time, I raised the point that I thought Judge Green should keep her mouth shut and that there were proper forums for her to have her concerns addressed. She has a history of making comments in public when she probably should not do so. Even you Ray, at the time, said she probably should not have spoken as she did. I happen to believe that the bench should avoid ANY appearance of partiality or impropriety. So last year we have the judge joining with the DA to attack the Chief Justice. Then we have Melton accusing the judge of bias and appealing to the MSC. This is after Judge Green is sloppy in filing her paperwork with the MSC and makes comments to the press about getting his hand caught in the cookie jar. SURPRISE!!! She is recused (Of course, there is the matter of her already recusing herself from some of the issues involving Melton). She bears some responsiblity. One, for being sloppy. Two, for not keeping her mouth shut when she knows better. I am all for principle stands but like I wrote earlier, when you are a judge, its like the military. You give up some rights and/or priveleges. She needs to quit making public comments because in the long run, they will get her in trouble and cost the parties who are seeking justice before her. There is something to be said for "standing up to the system" but when you are a judge, you ARE the system.

Author

Kingfish

Date

2007-03-12T21:32:26-06:00

ID

126526

Comment

I am delighted the Supreme Court appointed a new Judge so quickly. If, as outlined above, Judge Webster 'sits' on this, then I no longer will believe the citizens have a voice. If manipulation and the prospect of gaining votes is the motivation for failure to pursue, then I know we no longer have adequate or proper checks and balances. The Executive Branch of Government in the City of Jackson is accused of not respecting the law. If the Judicial Branch of Government refuses to act then they have failed to protect society. A majority of the Legislative Branch of Government of the City of Jackson is taking a strong stand. To me, this is the classic opportunity to see if our form of government works or if we are now at the mercy of legal manipulation.

Author

ChrisCavanaugh

Date

2007-03-13T08:55:39-06:00

ID

126527

Comment

There is something to be said for "standing up to the system" but when you are a judge, you ARE the system. - Kingfish So if there is an actual problem with judges and the MSSC justices, what is the procedure one follows? If there is racism among MSSC justices, and judges under them should not speak up or out, what is the proper procedure? Who investigates and looks into any allegations of this?

Author

JenniferGriffin

Date

2007-03-13T09:41:47-06:00

ID

126528

Comment

Here, here, Chris. Unfortunately, I think your last sentence will most likely bear out the latter.

Author

JenniferGriffin

Date

2007-03-13T09:44:24-06:00

ID

126529

Comment

ever heard of the commission of judicial performance? However, when said judge says she can't understand why she is accused of bias when she repeatedly makes comments to press, issues press releases, interjects herself in disputes with the judicial system thus taking the side of a party who appears before her, she can't wonder why anyone would think she is biased. "hand in the cookie jar" when she had not ruled on the case or heard it.

Author

Kingfish

Date

2007-03-13T10:10:21-06:00

ID

126530

Comment

King, you make a good argument here. I still feel she has been mistreated by them to some extent.

Author

Ray Carter

Date

2007-03-13T12:55:52-06:00

ID

126531

Comment

However, King, I don't know that judge Green was incorrect (totally or partially) or dishonest in her comments. Judge Green isn't the weak-kneed type who believes she got where she is by the benevolence of the system. She knows she got there despite the system, and doesn't believe she has to go along with the status quo, whether it's right or wrong, just to fit in or be respected. Yes, I wish her comments were not said so publicly. However, if in my heart I believed they were true I would say them to. Judge Green has a vantage point that neither of us have, and she has to speak to that, not what we think she should. You are a part of the system only if you go along with its operation without dissent. Judge Green dissents everytime she thinks it's appropriate. My opinion of her hasn't changed any. Perhaps she guilty of thinking she will be supported by the Supremes when she knows and thinks she right. Surely, she has learned that what she thinks and knows that many of them will think likely think differently. I can't castigate Judge Green at all for making a mistake in her paperwork. It happens all the time, to all judges, to some extent. Some judges are so worried about the Supremes that they're too afraid to do anything at all until forced.

Author

Ray Carter

Date

2007-03-13T13:23:55-06:00

ID

126532

Comment

I am not impugning her integrity in any way. Its a non issue for me. My point is if you are a judge you have to avoid any appearance of partiality as you can compromise a just decision as it gives a party an excuse or reason to succesfully attack your decision on appeal.

Author

Kingfish

Date

2007-03-13T14:34:07-06:00

ID

126533

Comment

I agree, King.

Author

Ray Carter

Date

2007-03-13T14:39:59-06:00