Ellington

Three motions regarding Judge Tomie Green's renewed call for sanctions against former Mayor Dale Danks, who is Mayor Frank Melton's private attorney, were filed with the Mississippi Supreme Court in the last two days.

In a March 14 motion filed with the high court, Green renewed her call for Danks to be sanctioned (PDF, 116 KB) for his accusations that Green had engaged in larceny, a felony, by removing an order and filing a substitute order the next day regarding Melton's probation violations. The Magnolia Bar Association, among other groups, has since joined Green's call for sanctions.

On March 21, Special Assistant Attorney General Harold E. Pizzetta III filed a response in support of Green (PDF, 118 KB). "As an initial matter," Pizzetta begins, "it is clear that the criminal accusation directed against Judge Green was false. ... It is a well-recognized principle that courts have the discretion to reconsider or withdraw their interlocutory orders at any time and reopen any part of a case before entry of a final judgement. ... The trial court's exercise of its rightful authority cannot be equated to the act of theft or fraud."

This is a point Green made herself, specifically by commenting upon the high court's propensity for doing the same itself. Pizzetta then supports Green's point that it is inaccurate to claim that she removed the order from the clerk's file because the order remained part of the official court minutes but was marked as void.

Pizzetta decries the increasing frequency of uncivil acts among officers of the court, citing Mississippi Farm Bureau Mutual Ins. Co. v. Parker, in which the high court reminded attorneys that they have "an absolute duty" to "adhere to moral standards of fundamental decency."

Perhaps the most important part of Pizzetta's filing comes when he addresses Green's recusal: "It is relevant to note that this Court's removal of the trial judge does reflect a determination that the trial judge was in error. However, an error by the trial judge does not excuse or invite a violation of the rules of professional conduct by an attorney. In fact, the false criminal accusation compounded the trial court's error in the mind of the public by claiming that the trial court's mistakes was a function of alleged criminality rather than a mistake in judgment."

Pizzetta writes that the high-profile nature of the Melton trials meant that Danks was under an even greater than usual obligation to maintain rules of professional conduct. "Melton's attorneys were well aware that every pleading they filed would be instantaneously posted in such media outlets as the Jackson Free Press and Clarion Ledger. Both electronic and print media ran headlines repeating the false criminal allegation. ... [E]xperienced attorneys who represent elected officials in matters of great importance should refrain from reckless charges against the judiciary as both an example for the bar and as a reassurance to the public," Pizzetta writes.

Pizzetta concludes by deferring to the judgment of the court as to an appropriate response to Danks' violation.

In a response also filed March 21, Danks argues not only that he was justified in accusing Green (PDF, 718 KB) of larceny but that she should be recused from all future matters involving Danks or Melton.

Danks begins by recounting how he learned about Green's withdrawn order and seems to shift some responsibility for his accusation to the clerk, writing that his motion was "based in part on the specific information obtained from the Circuit Clerk's Office." He then writes that "based on the information obtained, counsel had more than 'good ground to support'" his accusations. "Counsel's (motion) was well-supported by the attorney's knowledge, information and good faith belief."

Danks then launches into a series of attacks on Green. In response to Green's argument that there was nothing sinister in her removing the order because it remained listed in the minutes, he writes that "information obtained from the Circuit Clerk shows that Judge Green actually wanted the minute entry completely blacked out." He then describes how hostile relations between Green and attorneys for Melton had become in response to Green's argument that he could have simply called her or her clerk to learn why she had withdrawn the order. He calls Green's criticisms of his failure to call both "unfair" and "wholly irrelevent."

Danks goes so far as to argue that he "continues to have a good faith belief, based on all of the facts, that the actions of the trial court were improper and that there is a legitimate basis for asserting the existence of a statutory violation irrespective of the explanation offered by (Green)."

In other words, Danks still believes that Green violated the law.

He concludes by asking that Green be removed from all future cases involving himself, Melton or Melton's other attorneys in the case. Danks attached two exhibits to bolster his case. One was a letter Judge Green sent the JFP. The other was an affidavit from Dr. Belinda Johnson, who is the pastor at Church of Greater Blair Street AME Zion Church in Jackson. Johnson states that he was at a March 7 meeting where 25 to 30 ministers spoke to Green about their concerns regarding Melton's health. Among other charges, Johnson accuses Green of already having made her mind up regarding Melton's probation violations prior to his probation hearing. He also states that Green "stated that from the very beginning the Mayor was told that if he would just resign all this would go away."

Finally, Green responded (PDF, 72 KB) to Danks' latest motion on March 22. Green writes that Danks' response was, in fact, "nonresponsive to the issues before the court." She complains that the Supreme Court gave her "less than 12 hours to respond" to Danks while permitting Danks "nearly a week to give reasons for being disrespectful and making false allegations against the undersigned trial judge."

Green writes that Danks simply regurgitated many of his earlier arguments in his 11-page response. "There were no apology or true sense of remorse for their action--only more allegations of the trial judge alleged misconduct." (sic)

Green writes that Danks et al. "attempted to viciously and disrespectfully manufacture a crime in their brief in order to secure their client release from jail and make the undersigned judge appear to have a vendetta against the Defendant." She writes that "there was a total disregard for the truth of the allegations" against her.

Green again acknowledges that the high court recused her from the case, making those issues "moot." She explains that she is not asking for sanctions because of Danks' emergency motions before the Supreme Court, which resulted in her removal, but because of his accusations that she committed a crime. "Accordingly, the undersigned trial judge urges this Court to justly disregard all parts of the Defense attorneys' responses that reiterate any issues regarding recusal and disregard all self-serving affidavits (some of which the trial court challenges as to their accuracy and truthfulness)."

Green concludes by renewing her call for Danks' accusation to be stricken from the record and for him to be punished appropriately.

As of Friday evening, the Mississippi Supreme Court had not yet issued a decision.

Previous Comments

ID

126796

Comment

Wow, wacky, fascinating stuff. What a response from the AG's office! One thing this shows is how much of a pretzel The Clarion-Ledger is bending the news in in order not to mention the JFP. Here, Danks had two attachments to support his argument; one was a letter to the JFP from Judge Green. The Ledger writes about the first one, but not the Green letter. Yesterday, after a long discussion in Judge Wingate's courtroom on the venue-moving issue about the coverage of the JFP and the Ledger of James Ford Seale, with the defense attorney saying our coverage was the most in-depth of any, Jerry Mitchell writes a story that says "The Clarion-Ledger and other media." What's up, guys and gals? Are you this willing to report only half the news in order to not mention our little paper?!? We mention The Clarion-Ledger all the time; we attribute quotes and other info to that paper—this doesn't hurt us one bit. But Goliath is so scared that they are committing sins of news omission to keep from mentioning our little paper. It's amazing to watch. I'm glad they're doing it, though; they're showing their fear.

Author

DonnaLadd

Date

2007-03-23T17:04:35-06:00

ID

126797

Comment

The attorney general's office did the right thing. I for one am sick of the "good old boyz" network trampling the law . Come on, Supremes, don't play favorites & don't make a "special case" exemption for Melton if you expect all other Jacksonians to obey the law!!!

Author

Izzy

Date

2007-03-23T17:18:47-06:00

ID

126798

Comment

I think that Danks second filing may be a sign that he knows the MSSC is ruling in his favor. It's so disenchanting to have this quasi-faith in the system right now. Pizetta is right.

Author

pikersam

Date

2007-03-23T17:30:58-06:00

ID

126799

Comment

Truth is, the AG's office has been pretty no-nononse, here's-the-law throughout the whole Melton saga. And I think he was even a little extra lenient and compassionate with him early on to give him the chance to steer right, but Melton refused. Marshall Ramsey dubbing Hood a Melton-hater was shameful. I hear you on the good-ole-boyz network. It has always been the rule in Mississippi and although the boyz change from time to time, our progress still gets hamstrung by all these guys scratching each other's backs. It's nice to see the AG's office rise above that.

Author

DonnaLadd

Date

2007-03-23T17:31:41-06:00

ID

126800

Comment

It's nice to see the AG's office rise above that. -Ladd Agreed.

Author

Izzy

Date

2007-03-23T17:32:31-06:00

ID

126801

Comment

I'm glad the MSSC is being forced to provide ruling and hopefully comment. Do you think they could consider all these motions, rule in favor of the Mayor's attorneys - say who agreed and who disagreed - and still not offer written comments?

Author

JenniferGriffin

Date

2007-03-23T17:58:16-06:00

ID

126802

Comment

It would be nice to see the Mississippi Bar Association to take a stand on this, but given the state of the judicial system in this state I doubt they ever will.

Author

GLewis

Date

2007-03-23T18:51:49-06:00

ID

126803

Comment

What the heck is going on at JFP??? I go to Cups in Quarter on way out of town tonight. Go to back to get my JFP and no issues at all. None. nada. zero. Get it in gear grasshoppers.

Author

Kingfish

Date

2007-03-23T21:59:45-06:00

ID

126804

Comment

I was in the office the first pass Melton got from the AG's office. After his little press conference where he said he "set the AG straight" Things changed dramatically with about 35 minutes of that press conference (time for it to be seen, phone calls made and orders sent). No longer was it a let's help Melton see the light or he just needs to be set straight on the law, it was GAME ON... A few months later, a flurry of charges appeared.... Melton alienated the AG and the sherriff in the span of two weeks... Impressive amount of gusto, STUPID political moves. Two friends or at least non-involved became ENEMIES. Also two men that I respect, sometimes disagree with, but would NOT get on their bad sides. AGamma627 AGamma627

Author

AGamm627

Date

2007-03-23T23:07:18-06:00

ID

126805

Comment

Ray: this is just for you: pour a drink, kick back, and listen

Author

Kingfish

Date

2007-03-24T00:27:52-06:00

ID

126806

Comment

OT, but what does everyone think of Melton's chances next month? Will he be given another pass by the Supreme Court? If so, how long will it take Melton to get to the Supreme Court before the charges magically evapotate?

Author

tombarnes

Date

2007-03-24T00:38:12-06:00

ID

126807

Comment

evaporate

Author

tombarnes

Date

2007-03-24T00:38:51-06:00

ID

126808

Comment

Fascinating stuff AGamm. Tombarnes, I don't think we'll see further involvement by the Supreme Court in Melton's April felony trial. After all, they already moved the trial over to Webster. If Danks starts filing emergency motions then, it's really going to start looking ridiculous. Here's another point that's important to remember: If Melton is convicted of just one felony, he is out of office. Period. He can appeal the decision, he can file emergency this or that, but the second that conviction comes down, he is through as mayor. He cannot file an injunction or anything of that sort to keep his office while he appeals. That is all settled law. So even if he were to win on appeal, by then we would already have a new mayor (through special election) and Melton would have to wait for the next election to run again. Any lawyers out there want to chime in to confirm that this is the case?

Author

Brian Johnson

Date

2007-03-24T08:45:40-06:00

ID

126809

Comment

Kingfish - the has been a new jfp delivery guy for cups in the quarter, i dunno, but sometimes we don't get issues of the jfp until much later than thursday release date, sometimes not at all recently. And by the way, one of the MIPA guys who came buy to deliver some publication (i'm not sure which one) threw away EVERY SINGLE COPY of the B Healthy magazine. I was a little peeved by that, considering we are an advertiser in that magazine and like to keep it in the store . . .

Author

djames

Date

2007-03-24T09:21:25-06:00

ID

126810

Comment

I came by around 6:30 yesterday at Cups. no JFP.

Author

Kingfish

Date

2007-03-24T09:43:37-06:00

ID

126811

Comment

Ladd- I read that Mitchell article and noticed the deliberate omission (please see my earlier post stating that my work "web-filtering nazi" allows the CL and not the JFP...oh, and should I also mention that it allows that OTHER HATE FILLED SITE and not the JFP?). I knew about the "circulation" and orders regarding the coverage of this case because of the OTHER HATE FILLED SITE. So, when I read the Mitchell article I noticed he didn't mention the JFP. Hmmmmmm.....interesting. I'm sure they are pretty peeved that Green decided to intimately involve you guys.

Author

Lori G

Date

2007-03-24T09:59:43-06:00

ID

126812

Comment

Kingfish - the has been a new jfp delivery guy for cups in the quarter, i dunno, but sometimes we don't get issues of the jfp until much later than thursday release date, sometimes not at all recently. That's weird, and shouldn't be the case. We'll check on it immediately. Thanks for telling us. And by the way, one of the MIPA guys who came buy to deliver some publication (i'm not sure which one) threw away EVERY SINGLE COPY of the B Healthy magazine. I was a little peeved by that, considering we are an advertiser in that magazine and like to keep it in the store . . . A MIPA guy? That seems unlikely, but will check into that as well. That sounds more like the M.O. of TDN/Ledger folks (who put whole racks of papers next to the dumpster and in an open lot). No one should throw away anyone's else's publication, although we often find other papers in our racks and have to move them somewhere. But I'll put them on the floor under our rack before I'll throw them out. Why does MIPA come to Cups in the Quarter? Do y'all have a MIPA box?

Author

DonnaLadd

Date

2007-03-24T15:01:12-06:00

ID

126813

Comment

Yes. we have a MIPA box. And B healthy was in the box-there was an empty spot where no one had ever brought any of the 'showcase of homes' or whatever that puplication is. then one day i went to empty the trash in the back, and 'showcase' was in the box and every B healthy was in the trash. though i didn't witness someone throwing them away, i think it's a fairly safe assumption that whomever brought the showcase thew the B-Healthy away. it's not that big of a deal, just a minor annoyance. B-Healthy is not in the box anymore so it shouldn't be a continuing problem.

Author

djames

Date

2007-03-24T15:50:56-06:00

ID

126814

Comment

Aaaa, that makes more sense. B-Healthy can't be in the MIPA box (and I doubt they would want to be, considering that they are a part of the Ledger's exclusive TDN racket), and someone probably put them on a table or such nearby when they put MIPA pubs in the box. I doubt seriously that a MIPA person threw them out; we have strict policies about that. Good to hear that you assumed that, and didn't see it happen. It is most certainly not a "safe assumption." One of our publications only publishes twice a year, I think. That slot might be empty occasional although it is regularly restocked. I suppose it's clear to all that MIPA does not mind that other publications (Like B-Health) are distributed in the same sites as our publications; it's none of our business. But they can't be in our boxes if they're not an alliance member. The Clarion-Ledger, however, will throw away any publications that does not pay them to be in the TDN box.

Author

DonnaLadd

Date

2007-03-24T17:01:30-06:00

ID

126815

Comment

Brian, You are correct sir. The minute he's convicted of a Felony, he's out. He will be able to appeal, but it won't matter because he will still be out. He cannot file an injunction to stop the removal, b/c Section 175 is automatic and self-executing. If he illegally holds onto office (which, IF he's in jail, how could he?) the AG or DA MUST file a Public Quo Warranto and will have him removed. lc

Author

LawClerk

Date

2007-03-24T17:23:07-06:00

ID

126816

Comment

The CL does not give any credit to the JFP. This paper is viewd by them as a competitor. The CL spends all of its time trying to appease some of the backward thinkers from other parts of the state as they continue to write Letters to the Editor with the theme: "GO GET EM FRANK and LET THE MAYOR DO HIS JOB." This is truly irresponsible! If they (CL) would print the facts and cease from trying to put a spin on everything that will keep certain people in their pocket, their paper could improve. The CL has a germ that has been put into the mouth of its journalist and it has stolen their brains. Remember, this is how we ended up with melton.

Author

justjess

Date

2007-03-26T09:33:05-06:00

ID

126817

Comment

Jess, The CL never gives credit to the JFP. They view us as a competitor because we are. With all their resources, which dwarf ours, we still beat them on news, which should embarrass the hell out of them. That aside, we know that they are our competitor, yet we mention them all the time. Not one issue of the JFP goes to print without a reference to the CL somewhere, but you'll be hard pressed to find a single reference to us there. This is the difference between journalistic integrity and corporate bullying. What's most remarkable now is that they won't mention the JFP even when we are the news. If Marcus Ward held Adam Lynch at gun point at City Hall, a la Wiggins in Greenville, the CL would still find a way to avoid mentioning the JFP. Ultimately, it just makes their paper all the crappier.

Author

Brian C Johnson

Date

2007-03-26T09:44:13-06:00

ID

126818

Comment

Right, justjess. Personally, I see it as a major and public sign of weakness of The Clarion-Ledger that they twist into pretzels not to acknowledge us, even as we acknowledge them all the time. Who's threatened the most here? And people who read both papers know it well.

Author

DonnaLadd

Date

2007-03-26T09:45:10-06:00

ID

126819

Comment

Jinx, Brian. You said it better, though. ;-) Meantime, of course, everyone knows that there are two primary daily news sources in town now. Even as they migrate to doing "information centers" on the Web, that's where we already are, breaking news (and usually ahead of them) just about every day. Just about every major story about Melton has broken online at jacksonfreepress.com. And our stories *online* tend to be more in-depth than their daily print versions. What that should say to all of you is that there *are* two daily print news sources in town now. They certainly know it. That's why they're wigging out trying not to acknowledge us even as they're scurrying to try to catch up with what we do online. If they didn't take us so seriously, they wouldn't mind acknowledging us. I see it as a compliment, even as it makes their "journalism" so suspect.

Author

DonnaLadd

Date

2007-03-26T09:48:26-06:00

ID

126820

Comment

Brian Johnson and ladd, I guess I view the CL's negative competitive spirit as that of their trying to put you guys in a wresling match where they wear the gloves and the JFP is beaten to the canvass. NOT SO! The JFP has won this match and continues to stay ahead of the game. My GMother said: If a man can write a better book, Preach a better sermon, Or build a better mouse-trap than his neighbor; Though he builds his house in the woods, The world will make a beaten pathway to his den. Readers across the country are in your den. Hang in there!

Author

justjess

Date

2007-03-26T10:10:37-06:00

ID

126821

Comment

Gannett's overall ad revenues are down 3.8% from last year. That means the rise in internet advertising didn't make up for the loss in paper ad revenue. They blame much of this on the decline of classified advertising to free sources such as JFP classifieds, and Craig's List. ;-) When you want to charge $120 to run a one week car ad; yet you can go to AutoTraders for $40 or a free source, then you won't compete. Pretty simple math. $120 a week, $40 forever, or free. The $40 and the free source are available to millions on the internet. The classified? Only to those who buy the paper. Goes to show they don't think better reporting and news will help bring back advertisers - and readers!

Author

pikersam

Date

2007-03-26T10:41:57-06:00

ID

126822

Comment

Before we stray too far off topic... When does the MSSC come back in Melton's favor?

Author

pikersam

Date

2007-03-26T10:43:57-06:00

ID

126823

Comment

Their classified rates (C-L) are way too high. No one should pay that much for a small classified ad. It's ridiculous.

Author

Izzy

Date

2007-03-26T10:44:00-06:00

ID

126824

Comment

It has been said that the paper that large newspaper companies think their editorial content is something to wrap their lucrative classifieds ads around. That is a primary cash cow for them. And, yes, the Web is scaring them to death. For good reason, when you see how poorly the Ledger is using it.

Author

DonnaLadd

Date

2007-03-26T10:49:22-06:00

ID

126825

Comment

Oh, and Laurel, don't forget that many of the eyes who might look at the classified aren't in or near Jackson. So you pay an exorbitant rate to reach people in other parts of the state, and often not folks who are the ones you want to reach. That's why targeted classifieds like ours are good for many people. And so much cheaper (or free online). Just sayin'. And, yes, we are off-topic. It feels like everyone hanging in the waiting room awaiting the court's decision and looking for something to talk about. Our pitiful daily is always a fun topic! ;-) Sorry.

Author

DonnaLadd

Date

2007-03-26T10:52:54-06:00

ID

126826

Comment

It feels like everyone hanging in the waiting room awaiting the court's decision and looking for something to talk about. Our pitiful daily is always a fun topic! ;-) Ladd Good way to put it. Carry on! ;-)

Author

pikersam

Date

2007-03-26T11:36:36-06:00

ID

126827

Comment

so is the story about Welch being a suspect going to be covered?

Author

Kingfish

Date

2007-03-26T11:36:54-06:00

ID

126828

Comment

So far, there hasn't been anything to report on our end. The police have only confirmed that Mr. Mack was stabbed, and haven't identified witnesses for us to talk to. But we are working on it. So far, the part about Welch sounds like either rumor, or that someone inside the city is trying to leak that out before he goes through a line-up. That would figure. I do hope there is no city hanky-panky here as we saw with the Ridgeway case—of hyping up crimes after the fact that Mr. Welch hadn't actually committed. And I hope he didn't do this. If so, it builds the case that Melton may be helping some of these guys turn into worse criminals with his actions. Prior to the attack on his home, Mr. Welch had no actual violent crimes in his record (other than a domestic abuse charge that his family said they filed in order to get him help). It's too bad that Mr. Melton did not try to help this young man who suffers from schrizophrenia, lives in poverty and has been involved with petty drug activity (being that so many of those he helps are accused of much worse). One of his targets becoming a worse criminal is exactly the kind of thing I fear.

Author

DonnaLadd

Date

2007-03-26T12:31:47-06:00

ID

126829

Comment

Take note Melton: From Drudge: SENATE STAFFER BUSTED FOR CARRYING WEBB'S LOADED GUN: Phillip Thompson, executive assistant to Senator James Webb (D-VA ), has been arrested by Capitol Hill Police on Monday for 'inadvertently' holding the senator's loaded gun, according to a person close to the investigation. A Senate staffer reports that Thompson was arrested for carrying the gun in a bag through security at the Russell Senate Office building while the Senator was parking his car. Thompson was booked for carrying a pistol without a license (CPWL) and for possessing unregistered ammunition. Developing...

Author

pikersam

Date

2007-03-26T14:17:45-06:00

ID

126830

Comment

OUCH!!!!!!!!!!

Author

justjess

Date

2007-03-26T15:08:42-06:00

ID

126831

Comment

What I find interesting is I've yet to find a print edition of JFP anywhere I frequent......I did see an empty rack at Keifer's but that is it. Granted the stores I frequent do carry the CL, but no JFP. On the other hand, I've changed my habits to checking the JFP for news first (on the web)-I find the reporting details to be superior and more complete than what I've seen thus far in the CL.

Author

GLewis

Date

2007-03-26T18:40:58-06:00

ID

126832

Comment

Thanks, GLewis, for the compliment. One thing you should be aware of is that we are running out in many of our spots before the weekend. Some spots run out overnight. That's good business-wise, but I can understand your frustration if you can't find the paper. One tip: It seems that they last a little longer in the McDade's locations, as we put a lot in those racks. So that's a good backup option. Otherwise, you can always call us about where to find the paper. And we're always open to new ideas for spots, as we increase our print run.

Author

DonnaLadd

Date

2007-03-26T20:26:37-06:00