In a recent decision, a federal appeals court has given the green light to Mississippi’s establishment of a state-run court in Jackson, its Black-majority capital, despite vehement objections from the NAACP. The court ruling dismisses the NAACP’s claims that the court’s appointment structure violates the 14th Amendment, emphasizing a lack of standing by the plaintiffs.
The three-judge panel, situated in New Orleans, overturned an administrative stay on December 31, which had temporarily halted the court’s setup. This move came after Republican Governor Tate Reeves signed a law into effect on January 1, instituting a court with judges and prosecutors appointed at the state level, a departure from the traditional practice of local officials appointing judges to municipal courts.
The NAACP contended that this new appointment system encroaches upon the equal protection rights of Black residents under the 14th Amendment, limiting their ability to counter prosecutorial abuse through the democratic process. However, the 5th Circuit panel, led by Judges Jerry Smith, Jennifer Walker Elrod, and Kurt Engelhardt, all appointed by Republican presidents, found the plaintiffs unable to establish an injury granting them standing to challenge the court’s creation.
The court’s decision has left the NAACP “profoundly disappointed,” as stated by Janette McCarthy Wallace, the organization’s general counsel. She reiterated the group’s commitment to upholding democracy and empowering Jackson residents.
In contrast, Michelle Williams, Chief of Staff for Republican Mississippi Attorney General Lynn Fitch, welcomed the ruling. Williams asserted that the court is necessary to address crime issues and dysfunction in the city government, aiming to provide Jackson residents with a safer community and prompt adjudication of justice.
The NAACP initially filed the lawsuit in April, represented by Covington & Burling, after Governor Reeves signed House Bill 1020 into law, establishing a new court for Jackson’s Capitol Complex Improvement District. The judges for this court would be appointed by Mississippi Supreme Court Justice Michael Randolph, with prosecutors appointed by Attorney General Fitch.
Apart from creating the new court, the law expanded the district’s jurisdiction, encompassing approximately 18 square miles around the state capitol. This expansion, according to the NAACP, disproportionately affects the racial composition, resulting in a district that is 48% white, despite the city’s overall racial makeup being only 17% white.
The case, known as NAACP v. Tindell, was heard by the 5th U.S. Circuit Court of Appeals, No. 23-60647. Representing the NAACP and other plaintiffs were Mark Lynch of Covington & Burling and Carroll Rhodes. State defendants were represented by Justin Matheny and Rex Shannon of the Mississippi Attorney General’s Office.
