State v. Jones

726 So. 2d 572, 1998 WL 350904
CourtMississippi Supreme Court
DecidedJuly 2, 1998
Docket96-CA-00937-SCT
StatusPublished
Cited by16 cases

This text of 726 So. 2d 572 (State v. Jones) 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
State v. Jones, 726 So. 2d 572, 1998 WL 350904 (Mich. 1998).

Opinion

726 So.2d 572 (1998)

STATE of Mississippi, the Jackson Public School District and Hinds County Agriculture High School District
v.
Bergie JONES, Doris Powe, Mary Barry, John Anthony, Mary Hunter and Catherine Knight.

No. 96-CA-00937-SCT.

Supreme Court of Mississippi.

July 2, 1998.
Rehearing Denied August 27, 1998.

Michael C. Moore, Attorney General, Rickey T. Moore, Sp. Asst. Attorney General, Jackson, W. David Watkins, Pamela W. Dill, Perry Sansing, Adams & Reese, Jackson, for Appellants.

John F. Hawkins, John L. Maxey, II, Maxey Wann & Begley, Jackson, for Appellees.

Before PRATHER, C.J., SMITH AND WALLER, JJ.

PRATHER, Chief Justice, for the Court:

I. INTRODUCTION

¶ 1. This suit arises from the interpretation of Miss.Code Ann. § 37-7-307, the statute pertaining, in part, to lump-sum payment of accrued leave for retiring public school teachers. Prior to 1994, there was no statutory provision for such payment. However, in 1994, the Legislature amended § 37-7-307 to provide for the payment of accumulated leave exceeding the maximum amount that may be credited for retirement purposes to retiring certificated[1] teachers at the rate paid to substitute teachers by the last school district in which the teacher was employed.

¶ 2. In 1995, the Legislature again amended Miss.Code Ann. § 37-7-307 to allow the retiring teacher to opt to receive payment for all unused accumulated leave at the substitute-teacher *573 rate. In 1996, Miss.Code Ann. § 37-7-307 was amended to allow retiring certificated teachers to receive payment for a maximum of thirty days of unused leave at the substitute-teacher rate. The amendment also restricted payment to leave accumulated in the last school district in which the certificated teacher was employed. The 1996 amendment was scheduled to become effective July 1, 1996.

¶ 3. The appellees (a group of public school teachers) sought declaratory judgment in the First Judicial District of the Hinds County Chancery Court. Specifically, the teachers requested that the 1995 and 1996 amendments to the statute be declared unconstitutional, and that the State be enjoined from acting under these amendments. The teachers also sought a declaration that they were entitled to payment at the regular rate for all accumulated leave, regardless of the School District in which the leave accumulated.

¶ 4. After hearing the parties' arguments, the chancellor ruled that the statutory amendments lacked a rational basis and were unconstitutional, insofar as they applied to teachers who were hired prior to July 1, 1996. She ordered the State to pay retired teachers at their regular rate of pay for all days of accrued leave, regardless of the School District in which the leave accumulated. The State appealed, and this Court stayed the order of the trial judge, pending the appeal.

¶ 5. The State raises the following issues for consideration by this Court:

A. Whether the chancellor erred in holding that the statute violates the Constitution?

B. Whether the chancellor erred in rewriting the statute?

¶ 6. On cross-appeal, the teachers raise the following issue:

C. Whether the chancellor erred in not fashioning the complete relief to which the appellees are entitled?

¶ 7. This Court finds that the appellees have failed to meet their heavy burden of proving that the statutory enactments were not rationally related to a legitimate government interest. Furthermore, the Legislature is the appropriate entity to determine the question of lump-sum payment for leave accumulated by retiring teachers. For this reason, the judgment of the trial court is reversed and rendered in favor of the State of Mississippi.

II. LEGAL ANALYSIS

A. Whether the chancellor erred in holding that the statute violates the Constitution?

B. Whether the chancellor erred in rewriting the statute?

¶ 8. The State contends that the chancellor erred in declaring unconstitutional the amendments to Miss.Code Ann. § 37-7-307. The State further contends that the chancellor's ruling, in effect, rewrote the statute.

¶ 9. The standard for reviewing the constitutionality of a statute is well-settled: "This Court will strike down a statute on constitutional grounds only where it appears beyond all reasonable doubt that such statute violates the Constitution." Wells v. Panola County Bd. of Educ., 645 So.2d 883, 888 (Miss.1994) (emphasis added). See also Mississippi Comm'n on Judicial Performance v. Russell, 691 So.2d 929, 942 (Miss.1997) ( "When a statute can be interpreted either as constitutional or unconstitutional, we have long held that we adopt the constitutional construction.... If possible, we will construe it so as `to enable it to withstand the constitutional attack and to carry out the purpose embedded in the [statute].'"). Indeed,

the legislative enactment is cloaked with a presumption of constitutionality, and in order to rebut this presumption the unconstitutionality must appear beyond reasonable doubt. Mississippi Power Co. v. Goudy, 459 So.2d 257, 263 (Miss.1984). It is not this Court's duty to look for factual possibilities or scenarios that would create conflict with the statute, thereby rendering the statute unconstitutional. Rather, this Court's duty is to interpret the Act and envision facts and scenarios in which the statute could be held constitutional.
*574 * * *
[I]n Aikerson v. State, 274 So.2d 124 (Miss. 1973), this Court said:
It is a general rule in construing statutes this Court will not only interpret the words used, but will consider the purpose and policy which the legislature had in view of enacting the law. The court will then give effect to the intent of the legislature. State Highway Commission v. Coahoma County, 203 Miss. 629, 37 So.2d 287 (1947).

Secretary of State v. Wiesenberg, 633 So.2d 983, 989-90 (Miss.1994).

¶ 10. Thus, the teachers in this case have a "very heavy burden" in contesting the constitutionality of a statute. Moore v. Board of Supervisors of Hinds County, 658 So.2d 883, 887 (Miss.1995). The sole constitutional theory advanced in this case is that the statutory amendments violated the substantive due process rights of the teachers/appellees.

The Fourteenth Amendment to the United States Constitution provides in part that no State shall "deprive any person of life liberty, or property, without due process of law...." In Turrentine v. Brookhaven, Miss. School Dist., 794 F.Supp. 620 (S.D.Miss.1992), the court noted that in determining whether a statute violates the due process clause, it must first be determined which standard of review applies. A statute implicating a "suspect class," such as race, or interfering with the exercise of a fundamental right, such as voting, is subject to strict scrutiny. Absent a suspect class or a fundamental right, a reviewing court will apply a less stringent standard of review, the "rational relation" test. Id. at 624. The United States Supreme Court has stated:

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Cite This Page — Counsel Stack

Bluebook (online)
726 So. 2d 572, 1998 WL 350904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jones-miss-1998.