Judge Green Reassignment Order Docket

8/2/2019 Judge Green Reassignment Order Docket

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IN THE CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT OFHINDS COUNTY, MISSISSIPPI f I L 'F, D

APR 1 ' ~ 1012ORDER ESTABLISHING CIVIL AND CRIMINAL D I V I S W ~ D U N I ~ , (..iKLUITCLERKIN THE HINDS COUNTY CIRCUIT COURT B'( . . . . . OJW

PRELIMINARY STATEMENTIn accordance with Sections 9-7-3(5)1 and 9-7-25(2)2 of the Mississippi Code (1972, as amended), theundersigned senior judge hereby exercises her discretion in establishing a split random assignment ofcases into criminal and civil divisions in the First Judicial District of Hinds County, Mississippi. Theundersigned is of the opinion that the split division will promote a more efficient, effective and timelyresolution of all civil and criminal cases brought before the circuit court. Moreover, the undersignedopines that such a division will allow the circuit judges to exercise more flexibility in the managementof civil and criminal dockets in as much as two (2) presiding circuit judges will primarily hear all civilor criminal cases throughout the year, while the other two (2) presiding circuit judges will primarilyhear all criminal cases throughout the year. As it currently stands, all four (4) judges hear bothcriminal and civil cases from tenn to tenn throughout the year, with little unifonnity in the number ofweeks devoted to either group of cases.With a split division, the circuit judges will almost exclusively devote time to either the civil orcriminal docket, as is done by our three (3) judges in the county court. One county judge hears criminalmatters (misdemeanors), one county judge hears all civil cases, and the third county judge hears allyouth court cases. Several multi-judge districts similarly divide their cases by division. In fact, thissplit division was previously used effectively in Hinds County's circuit court.Many civil cases have lingered much too long on the dockets of the Hinds County circuit court,without systematic docket calls, scheduling orders or realistic trial dates. Continuances have becomeunavoidable agents of stagnation. The undersigned is convinced that delays in civil case resolution canbe diminished when designated judges have more flexibility in rescheduling trials and related matterson their calendars.

1 Section 9-7-3(5), Tenns of court in general, states: In a district having more than one ( I) office of circuit judge, there shallbe no distinction whatsoever in the powers, duties and emoluments of those offices except that the judge who has been forthe longest time continuously a judge of that court or, should no judge have served longer in office than the others, thejudge who has been for the longest time a member of the Mississippi Bar, shall be the senior judge. The senior judge shallhave the right to assign causes and dockets, and to set tenns in districts consisting of more than one ( I) county.2 Section 9-7-25, Seventh districts; number and election of judges; powers and duties of judges, states:(1) There shall be four (4) circuit judges for the Seventh Circuit Court District. One (1) judge shall be elected fromeach subdistrict.(2) While there shall be no limitation whatsoever upon the powers and duties of the said judges, other than as castupon them by the Constitution and laws of this state, the court in the First Judicial District ofHinds County, in ti,ediscretion of the senior circuit judge, may be divided into civil and criminal divisions as a matter ofconvenience, by the entry ofan order upon the minutes ofthe courL


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Likewise, circuit judges primarily assigned to preside over criminal cases can substantially reduce anybacklog of criminal cases, help with relieving any overcrowding in the county's detention centers andminimize the risk of term-to-term speedy trial violations. The undersigned has considered numerousfactors in designating the judges who will preside in each division, to include, but not limited to: (1)the experience, background and training of each circuit judge; (2) the need for diversity in eachdivision; (3) the need for reorganization to fast tract civil and criminal cases left over by numerousspecial judges; (4) the need for fairness in the apportionment of cases; (5) the need to comply withconstitutional mandates in stale criminal cases; (6) greater calendar flexibility and management in allcriminal and civil cases; and (7) the forthcoming and long-term implementation of an electronic filingsystem in the management ofcases in Hinds County Circuit Court.

SPLIT RANDOM ASSIGNMENT OF CASES(A) The split random assignment for all civil cases will primarily be made to the circuit judges

presiding in the 15t (Weill) and 3rd (Kidd) subdistricts. The split random assignment for allcriminal cases (except capital murder and death penalty cases), will primarily be made to thecircuit judges presiding in the 2nd (Green) and 4th (Gowan) subdistricts.All capital murder and death penalty cases shall be randomly assigned to all four (4) circuitjudges of the District.

(B) Nothing in the herein order shall be construed as precluding the undersigned senior judgefrom reassigning cases as necessitated by recusal, consolidation or transfer of cases topromote the fair and equitable distribution of cases among the circuit judges. Moreover,nothing within this order shall be construed as precluding any circuit judge from agreeing topreside in a matter, or case, of a fellow circuit judge without regard to whether the case iscivil or criminal.In order to assure timely resolution, all emergency writs, temporary restraining orders orpetitions for probable cause hearings shall be assigned to the senior judge for randomreassignment among the four (4) circuit judges or county judges pursuant to Section 9-9-35,Mississippi Code Annotated (1972, as amended).

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COMMENCEMENT AND TIME LINES (C) Beginning August 1, 2012, all civil cases in the First Judicial District of Hinds County,

Mississippi shall be randomly assigned to the circuit judges of Subdistrict 1 (Weill) andSubdistrict 3 (Kidd) of Hinds County, Mississippi, so that no discernible pattern ofassignment exists, and so that no person shall know to whom the case will be assigned until ithas been assigned. If an attorney or party shall attempt to manipulate or defeat the purpose ofthis rule, the case shall be reassigned to the judge who would have otherwise received theassignment. If the judge who would have received the case under an assignment incompliance with this rule cannot be determined, a new assignment in compliance with thisrule shall be made, excluding the judge to whom it was incorrectly assigned. Sanctions,including costs and attorneys' fees, may be imposed by the judge upon reassignment. Suchsanctions may also include suspension from practice in the court imposing them for not morethan 30 days and referral to the Bar for further discipline.

(D) Beginning August 1, 2012, all criminal cases in the First Judicial District of Hinds County,Mississippi shall be randomly assigned to the circuit judges of Subdistricts 2 (Green) and 4(Gowan) of Hinds County, Mississippi, so that no discernible pattern of assignment exists,and so that no person shall know to whom the case will be assigned until it has been assigned.Any prosecutor or attorney who shall attempt to manipulate or defeat the purpose of this ruleshall be subject to appropriate sanctions by the Court and referral to the Bar for furtherdiscipline.

All capital murder and death penalty cases shall be randomly assigned to all four (4)circuit judges. Each circuit judge in the civil division may retain on his or her docket any capitalmurder or death penalty cases pending on the judge's docket as of August 1, 2012.

(E) Beginning August 1, 2012, all cases in the Second Judicial District in Hinds County,Mississippi shall be assigned to the circuit judge elected from the Fourth (4th) Subdistrict(Gowan) Hinds County, Mississippi.

(F) Beginning August 1, 2012, all criminal revocations shall be handled by the circuit judgespresiding over the assigned case in the criminal division (Green or Gowan). All petitions forpost-conviction relief shall be assigned to the circuit judge who acted (or whose predecessoracted) as the presiding circuit judge in the disposition of the underlying criminal case.

(G) All civil and criminal cases that have not been disposed of as of as August 1, 2012 (exceptcapital murder and death penalty cases), shall be reassigned as follows:

1. All civil cases previously assigned to Judge Green shall be reassigned to JudgeKidd.All civil cases previously assigned to Judge Gowan shall be reassigned to JudgeWeill.

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2. All criminal cases (except capital murder, death penalty and drug court cases)previously assigned to Judge Kidd shall be reassigned to Judge Green.All criminal cases (except capital murder and death penalty cases) previouslyassigned to Judge Weill shall be reassigned to Judge Gowan.

3. All civil and criminal cases where a Special Judge is designated judge, or whereno judge is designated at all, shall be randomly reassigned to the circuit judgesin the appropriate division.

On or before July 1, 2012, the Circuit Clerk of the Seventh Circuit Court District of HindsCounty. Mississippi (the "Clerk"). in conjunction with the Hinds County InformationTechnology Department ("IT Department"). shall present to the senior judge. for approval, asystem for randomly assigning all civil and criminal cases in accordance with this order.Additionally, the Clerk, in conjunction with the IT Department, shall present for the seniorjudge's approval, a plan for the transfer of all cases pending prior to August 1, 2012 into asplit civil and criminal division as herein specified.The Clerk shall immediately distribute an attested copy of this Order to the following HindsCounty officials: IT Director (Steve Ottis), all county judges, all circuit judges of the SeventhCircuit Court District, all chancery judges of the Fifth Chancery Districts, the DistrictAttorney (Robert Smith), the Public Defender (Michelle Purvis-Harris), each member of theBoard of Supervisors, the County Administrator (Carmen Davis), the Board Attorney (CrystalMartin), the County Attorney (Sherry Flowers-Billups), the Clerk of the Mississippi SupremeCourt (Kathy Gillis), and the Chief Justice of the Supreme Court (Justice Bill Waller).

SO ORDERED AND ADJUDGED this the / ~ a y of April, 2012.

TOMIE T. GREENSENIOR CIRCUIT JUDGE

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Judge Green Reassignment Order Docket