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Better Late Than Never?

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District Attorney-elect Robert Smith got a nice boost from the Supreme Court less than 24 hours into his successful run-off against former Hinds County District Attorney Faye Peterson. Using $160,000 in grant money obtained by Gov. Haley Barbour, the Mississippi Supreme Court decided to appoint a second special judge to assist Hinds County in reducing its criminal docket, months after county residents—and the outgoing D.A.—began screaming for help.

Supreme Court press liaison Beverly Pettigrew Kraft said last week that the Supreme Court appointed two special circuit judges for Hinds County in May 2006.

"The court continued Judge L. Breland Hilburn's appointment, and the court appointed retired Circuit Judge William F. Coleman Jr. as a special circuit judge," she said. "However, Judge Coleman became ill and was unable to hear cases."

Justice Smith did not announce a replacement for Coleman until 15 months later, however, immediately following the entrance of Smith to the DA's office. Retired Court of Appeals Judge Billy Bridges, responding to a Supreme Court order, will begin handling cases immediately. His term will last until Dec. 31, though it could be extended indefinitely. Bridges will be joining retired Judge Hilburn.

According to Kraft, Justice Smith called Assistant District Attorney Philip Weinberg personally about the belated appointment the afternoon of Election Day, telling him that he was finally about to appoint a special judge to fill Coleman's spot.

Peterson said the day after the election that she had no knowledge of Smith's decision. "I have no comment on that," Peterson said, "but I knew nothing about it."

Justice Smith and Peterson had a distant relationship, according to Peterson. The D.A. opposed a couple of Smith's earlier decisions, including the justice's 2006 decision to rotate criminal cases between judges.

Hinds County Judge Swan Yerger circulated a 2006 memorandum mandating the new tactic.

"Pursuant to the request of Chief Justice Jim Smith, effective with the August Grand Jury indictments, all criminal cases (regardless of category), will be randomly assigned among the four judges on an equal basis," Yerger wrote.

Peterson criticized the decision, complaining that rotating the cases also meant rotating the prosecutors, some of whom have specialized experience.

"I've got attorneys who are best at prosecuting rape cases. I've got attorneys who are best as prosecuting child molestation cases, attorneys who know how to best prosecute murder cases. In my opinion, rotating them to other cases reduces their effectiveness," Peterson told the Jackson Free Press earlier this year.

When asked about the timing of the Bridges appointment, Kraft said the appointment would have occurred regardless of the run-off results. "The justice wanted to avoid the possibility that the appointment could become an issue in any primary election campaign," Kraft said, quoting Justice Smith.

Justice Smith said that the new appointment would be a boon to the county.

"Judge Bridges' appointment should double the effort in assisting Hinds County Circuit Court in eliminating the backlog of old cases that have inundated the system," Smith said. "This Court is committed to assisting our trial judges where the need is greatest. Hinds County citizens deserve extra assistance in dealing with this problem."

Smith made no statement regarding the 15-month break between Coleman and his replacement, however, and took no calls from the Jackson Free Press, instead referring questions back to Kraft.

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