In re Order Establishing Civil & Criminal Divisions in the Hinds County Circuit Court

166 So. 3d 481, 2012 WL 6062667, 2012 Miss. LEXIS 601
CourtMississippi Supreme Court
DecidedDecember 6, 2012
DocketNo. 2012-M-00693-SCT
StatusPublished
Cited by3 cases

This text of 166 So. 3d 481 (In re Order Establishing Civil & Criminal Divisions in the Hinds County Circuit Court) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Order Establishing Civil & Criminal Divisions in the Hinds County Circuit Court, 166 So. 3d 481, 2012 WL 6062667, 2012 Miss. LEXIS 601 (Mich. 2012).

Opinions

■ CHANDLER, Justice,

for the Court:

¶ 1. On April 17, 2012, Senior Circuit Judge Tomie T. Green entered an order establishing civil and criminal divisions in the Circuit Court of the First Judicial District of Hinds County pursuant to Mississippi Code Sections 9 — 7—3(5) and 9-7-25(2). Circuit Judge Jeff Weill Sr. filed a Petition for Emergency Judicial Relief in this Court challenging the constitutionality of the order. On November 1, 2012, Judge Green entered an order withdrawing the order establishing civil and criminal divi[482]*482sions in the Circuit Court of the First Judicial District of Hinds County.

¶2. Because the April 17, 2012, order establishing civil and criminal divisions in the Circuit Court for the First Judicial District of Hinds County has been withdrawn, the issues raised by Judge Weill’s Petition for Emergency Relief are moot. Therefore, we dismiss the Petition.

FACTS AND PROCEDURAL HISTORY

¶ 3. Hinds County makes up the entirety of the Seventh Circuit Court District, and four circuit judges are elected to serve that district. Miss.Code Ann. § 9-7-23(1) (Rev.2002); Miss.Code Ann. § 9-7-25(1) (Rev.2002). Currently, the four circuit judges are Senior Judge Tomie T. Green, Judge Winston Kidd, Judge Jeff Weill Sr., and Judge William A. Gowan. The cases in the First Judicial District of Hinds County are divided among the four judges. Cases from Hinds County’s Second Judicial District are presided over by Judge Gowan. The county seat of the First Judicial District of Hinds County is Jackson, and the county seat of the Second Judicial District of Hinds County is Raymond.

¶ 4. On April 17, 2012, Judge Green entered an “Order Establishing Civil and Criminal Divisions in the Hinds County Circuit Court” (the “Order”), which was to go into effect August 1, 2012. Under the Order, the First Judicial District of Hinds County would be divided into civil and criminal divisions, and two circuit judges would be assigned to each division — Judge Weill and Judge Kidd to the civil division, and Judge Green and Judge Gowan to the criminal division.

¶ 5. In a “Preliminary Statement” to the Order, Judge Green explained that she thought the split divisions would “promote a more efficient, effective[,] and timely resolution of all civil and criminal cases” because the judges would be able to “exercise more flexibility in management” of their dockets. Judge Green stated that the Order was entered “[i]n accordance with Sections 9 — 7—3(5) and 9-7-25(2) of the Mississippi Code.” Section 9-7-3 provides:

(5) In a district having more than one (1) office of circuit judge, there shall be no distinction whatsoever in the powers, duties[,] and emoluments of those offices except that the judge who has been for the longest time continuously a judge of that court ... shall be the senior judge. The senior judge shall have the right to assign causes and dockets and to set terms in districts consisting of more than one (1) county.

Miss.Code Ann. § 9-7-3(5) (Rev.2002). Section 9-7-25(2), pertaining specifically to the Seventh Circuit Court District, provides:

(2) While there shall be no limitation whatsoever upon the powers and duties of the said judges other than as cast upon them by the Constitution and laws of this state, the court in the First Judicial District of Hinds County, in the discretion of the senior circuit judge, may be divided into civil and criminal divisions as a matter of convenience, by the entry of an order upon the minutes of the court.

Miss.Code Ann. § 9-7-25(2) (Rev.2002).

¶ 6. Pursuant to the Order, all new cases filed after August 1, 2012, would have been assigned to one of the two judges in the respective divisions. In addition, all cases pending on the judges’ dockets at that time would have been reassigned to a judge in the appropriate division. Specifically, all civil cases on Judge Green’s docket would have been reassigned to Judge Kidd, and all criminal cases on Judge Kidd’s docket would have been reassigned to Judge Green. All civil cases on Judge [483]*483Gowan’s docket would have been reassigned to Judge Weill, and all criminal cases on Judge Weill’s docket would have ■been reassigned to Judge Gowan.

¶ 7. On May 2, 2012, Judge Weill filed a Petition for Emergency Judicial Relief with this Court, asking this Court to vacate the Order. Judge Weill asserted that Senior Judge Green lacked authority to: (1) divide the Hinds County Circuit Court into civil and criminal divisions, (2) arbitrarily assign circuit judges to preside over only one division, and (3) unilaterally dictate the reassignment of cases currently pending on the judges’ dockets. Judge Weill argued that Judge Green’s actions went beyond the intent of Section 9-7-25(2). Judge Weill also argued that the Order did not comport with Rule 27(g) of the Rules of Appellate Procedure, which provides:

... The setting of terms and assigning of causes and dockets in the chancery and circuit courts shall be done fairly considering the relative work loads of the judges and the right of litigants within the district to fair and reasonable access to all of the judicial officers as well as reasonable accommodation of the requests and needs of all judges within the district. Further, the assignment of cases and dockets shall be done through a systematic plan recognizing the criteria set out herein.

M.R.A.P. 27(g).

¶ 8. Judge Kidd and Judge Gowan responded separately to Judge Weill’s petition. Both took the position that Judge Green had authority under Section 9-7-25 to divide the docket into criminal and civil divisions. Judge Green also filed a motion requesting a meeting with this Court, which was granted. After meeting with the circuit judges on June 27, 2012, this Court entered an order staying the implementation of the Order and asked the judges to file supplemental pleadings addressing the constitutionality of Mississippi Code Section 9-7-25(2). Pursuant to Rule 44 of the Mississippi Rules of Appellate Procedure, this Court also invited the Attorney General to respond. Judge Weill filed a Supplemental Petition, and Judge Green filed a Motion to Dismiss and Supplemental Response.1 Judge Green moved to dismiss the Petition for Emergency Relief on the ground that the Order was not reviewable under Rule 27(g) of the Rules of Appellate Procedure. The Attorney General filed an amicus curiae brief defending the constitutionality of Section 9-7-25(2).

¶ 9. During the pendency of Judge Weill’s petition, on November 1, 2012, Judge Green entered an order withdrawing the Order. This order states, in its entirety:

WITHDRAWAL OF “ORDER ESTABLISHING CIVIL AND CRIMINAL DIVISIONS IN THE HINDS COUNTY CIRCUIT COURT’’

The undersigned hereby withdraws the Court’s order entered on April 7, 2012 (Book 731, Page 210) whereby the Court exercised its discretion, pursuant to §§ 9-7-3(5) and 9-7-25(2) of the Mississippi Code (1972, as amended), to divide the case dockets into civil and criminal divisions.

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Cite This Page — Counsel Stack

Bluebook (online)
166 So. 3d 481, 2012 WL 6062667, 2012 Miss. LEXIS 601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-order-establishing-civil-criminal-divisions-in-the-hinds-county-miss-2012.