Thursday, July 13, 2023

DOJ may intervene in HB 1020 case

The U.S, Department of Justice (DOJ) has filed a motion June 12 to intervene in the lawsuit filed by the NAACP against House Bill 1020. 

DOJ requested permission to intervene to discuss claims made by Mississippi Attorney General Lynn Fitch, who is currently a defendant in the lawsuit. 

According to Section 902 of the Civil Rights Act of 1964, the U.S. can intervene in certain cases that seek relief from the “alleged denial of equal protection of the laws under the 14th Amendment if the (U.S.) Attorney General certifies that the case is one of general public importance.” 

The bill, which creates a new court to hear all preliminary and criminal matters within the expanded Capital Complex Improvement District (CCID) in Jackson/Hinds County, requires that the judge be appointed by the Mississippi Supreme Court instead of by a vote. 

The motion also states that the DOJ is aiming to challenge three provisions of the legislation - appointment of the CCID judge, appointment of CCID prosecutors and the appointment of four new judges to the circuit court. 

The NAACP removed Governor Tate Reeves’ name from the case in June. The next day, U.S. District Court Judge Henry Wingate removed Mississippi Supreme Court Chief Justice Michael Randolph

The remaining officials named in the lawsuit currently include Mississippi Commissioner of Public Safety Sean Tindell, Chief of Capitol Police Bo Luckey, and Attorney General Fitch. (SuperTalk Mississippi 07/12/230 DOJ files motion to intervene in litigation over controversial HB 1020 - SuperTalk Mississippi

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