Jackson Free Press

Jonathan Lee supporters are using a Clarion-Ledger article to defend a controversy he's mired in—but it actually helps build the case that he was dishonest about his position at the company.

Secretary of State Delbert Hosemann has announced several revisions to Mississippi election laws that will bring our code up to date with current elections procedures and technology. Some of the changes include tightening down campaign finance disclosure laws for political committees and moving Mississippi's presidential primary vote day to the first Tuesday in March. See full list of changes reproduced below from the Secretary of State's press release:

• Modernized Criminal Penalties: consolidates all election crimes in Chapter 13, Title 97 of the Mississippi Code; updates penalties to match fines and sentences applied to other felonies and misdemeanors

• Online Voter Registration: modernizes and streamlines Mississippi's voter registration system; brings Mississippi in line with over half the United States which allow for online registration; will allow US citizens who are Mississippi residents who possess a Mississippi driver's license or DPS issued identification card to register electronically; will help eliminate errors and reduce costs of paper registrations

• Pre-Election Day Voting: creates a 21 day no excuse voting period for citizens to cast their ballot before election day; voting will be conducted only at the County Courthouse during the pre-election voting period; any registered voter may cast a final vote during the pre-election voting period; eliminates the need for in-person absentee voting

• Financial Disclosures to Voters: moves deadline for political committees to file a statement of organization from 10 days after receiving or spending funds to 48 hours after spending or receiving funds; increases transparency by requiring filers to itemize payments made to credit card issuers, banks, or online payment portals; places sanctions on political committees that failed to make required filings with the Secretary of State

• Presidential Primary: moves Mississippi's Presidential Preference Primary from the second Tuesday in March to the first Tuesday; will make Mississippi have a stronger voice in choosing the presidential nominees

The City Council's agenda for their regular meeting tonight, Dec. 13, at 6 p.m. in City Hall includes a possible settlement with the former executive assistant to Mayor Tony Yarber, Kimberly Bracey, alleging the mayor of sexual harassment, sexual discrimination and a hostile workplace.

Bracey alleged in a lawsuit filed on Aug. 25 of this year that she began to work with the mayor i 2014, and while she worked for him, the complaint states, he and she began a sexual relationship which she ended when she and her husband reconciled in 2014.

Bracey alleges that Yarber then forced her to continue their sexual relationship "by making it clear that she could be terminated if she did not have sex with him." Yarber, she alleges, also asked her "to encourage another female to give Defendant Yarber oral sex in exchange for guaranteed employment." She also heard him say inappropriate sexual remarks about other women, the complaint states.

The mayor released a statement concerning the lawsuit soon afterward.

"The City of Jackson has been made aware of a vicious and scandalous lawsuit filed by a former disgruntled employee, Kimberly Y. Vaunterice Bracey," the mayor's statement said. "Although the City has not been served with a copy of the complaint and summons, Mayor Tony T. Yarber and the City of Jackson stand ready to vigorously defend against each and every frivolous allegation made by Kimberly Y. Vaunterice Bracey."

The item on the council's agenda seems to indicate that the lawsuit will not go to trial. The details of that settlement would usually be included in the council's agenda packet, but the packet, filled with information that the public is supposed to be able to read before the council meets, has not been uploaded to the city's website yet.

It looks like it will be a long time before the Laremy Tunsil NFL Draft night saga will be over for the University of Mississippi. ESPN writers Mark Schlabach and Nicole Noren reported that the texts that showed up on Tunsil’s Instagram account did in fact happen last year.

The university is now trying to determine if someone altered the texts in any way before publishing them.

The texts in question are said to have occurred between February and April of last year and appear to show Tunsil asking UM Assistant Athletic Director John Miller for $305 for a utility bill and money for his mother’s rent.

Miller allegedly replied to Tunsil, “See Barney next week,” in what could be a reference to Barry Farrar, the Rebels’ assistant athletic director for high-school and junior-college relations.

The texts were just part of a horrible draft night for Tunsil. Minutes before the draft began, someone released a video on his Twitter account showing him smoking a bong attached to a gas mask.

That video caused Tunsil, thought to be a top-five pick, to tumble down the draft until the Miami Dolphins took him with the 13th overall selection. After being drafted, Tunsil admitted in a news conference that he did in fact ask for money, and the texts were real.

The NFL cut the draft-night news conference short after Tunsil admitted to the allegations. He has since declined to answer questions about the texts in two press conferences as a Dolphin.

In related news, attorneys for UM head coach Hugh Freeze have asked a judge not to have Freeze deposed for a civil suit that Tunsil’s stepfather filed against the young athlete. Lindsey Miller, the stepfather, is suing Tunsil for assault, defamation and intentional infliction of emotional distress.

The lawsuit came just two days before the first round of the draft. Court records indicate that Tunsil’s mother Desiree Polingo filed for divorce six days after Miller filed his lawsuit.

On the night in question, Tunsil claims he was protecting his mother after his stepfather yelled obscenities and pushed her onto a table and chair. Miller says the attack was unprovoked as he was trying to protect Tunsil from meeting with agents. Neither men are currently facing criminal charges.

Miller’s attorneys want to depose Freeze about a statement that he released after the incident and for the names of two men who were with Tunsil that night—a man named Zo from South Carolina and another unnamed agent.

ESPN’s Outside the Lines was able to get documents from the Regulation and Enforcement Division of the Office of the Secretary of State of Mississippi that show an agent was penalized for direct contact with a student-athlete and family member from a Mississippi school in late June of 2015.

The agent met with the student-athlete and his family without giving written notice to the University of Mississippi as state law requires. Outside …

Attorney General Jim Hood issued a statement in response to the DOJ Olmstead lawsuit, filed today in federal court. That statement is reproduced in full below.

JACKSON— A lawsuit filed today by the U.S. Department of Justice against the state of Mississippi provides the most meaningful opportunity yet for leaders to work together to continue to improve the state’s mental health system, Attorney General Jim Hood said today.

The federal government alleges that the state has violated the Americans with Disabilities Act by housing mentally ill individuals in institutions rather than community settings. The Department of Justice has filed similar lawsuits in about a dozen states alleging violations of the U.S. Supreme Court’s Olmstead decision.

“This lawsuit is a clarion call to all of us in state leadership to consider how we care for the least among us and how we can make it better,” Attorney General Hood said. “I see this litigation as a challenge to our Legislature to find the resources we need to continue to expand mental health services. This is a clear opportunity for our Legislature, mental health professionals, our faith-based community and all of us as Mississippians to come together to determine an effective way to address issues related to our mental health delivery system for years to come. It’s our obligation as Christians and people of faith to take care of those who are unable to take care of themselves. It’s time for each of us to move forward to better fulfill that fundamental responsibility.

“The state has made great progress in expanding community mental health programs, and we will continue to push for expansion. We have come a long way, but further work remains to be done.”

Attorney General Hood said his office has been negotiating with DOJ for several years in an effort to avoid litigation, which is expected to be a considerable cost to the state at a time when tax cuts have caused significant budget problems. However, the Attorney General refused to accept the federal government’s demands for a court-ordered consent decree that would bind the state to perpetual federal oversight.

Attorney General Hood had also hoped that good-faith efforts to address the state’s mental health needs might allay the federal government’s concerns. Thus, the Attorney General has encouraged lawmakers for years to allocate additional resources to the Department of Mental Health. The Legislature did provide some extra funding in previous sessions, but this year actually cut the Department’s budget by $8.3 million. Since 2008, the Department has been forced to eliminate approximately 500 mental health beds, in addition to 34 beds in 2016 because of the Legislature’s budget cuts and its refusal to provide additional money for mental health programs.

“Not only did the Department of Mental Health take a substantial budget hit, the Legislature did not agree to a request for more than $12 million for community mental health programs,” Attorney General Hood said. “That would have helped us continue our expansion of community-based mental health services …

File this under the finally, about time file.

Augusta National Golf Club announced today that the club will welcome its first two female members when the club opens for its new season in October. For years, the home of The Masters has resisted allowing women to join the private all-male golf club.

Former Secretary of State Condoleezza Rice and South Carolina financier Darla Moore have accepted to join the club and will be the first female members to don a green jacket in the club’s history. This move has been coming since 2002.

Martha Burk of the National Council of Women's Organizations wanted the club to add women members in 2002 and lead a small boycott of the 2003 Masters tournament. Former club chairman Hootie Johnson, chairman during Burk’s protest, dug his heels in once saying Augusta National might one day have a woman in a green jacket, "but not at the point of a bayonet."

The Masters lost television sponsorship for two years and the club paid CBS to broadcast the tournament commercial free for those two years. Johnson retired in 2006 and Billy Payne has been more open to allowing women than his predecessor.

"These accomplished women share our passion for the game of golf and both are well known and respected by our membership," Payne said in a statement. "It will be a proud moment when we present Condoleezza and Darla their green jackets when the club opens this fall. This is a significant and positive time in our club's history and, on behalf of our membership, I wanted to take this opportunity to welcome them and all of our new members into the Augusta National family."

In the ESPN article linked above, it states from private sources that women have been considered for membership five years ago. It is about time, Augusta National added women members and hopefully these two women will not be the only female members added.

ENI, a Canton, Miss.-based political-action committee formed in late March.

But that's about all we know so far.

The statement of organization, filed with the Jackson city clerk's office April 2, indicates the committee is not authorized by any particular candidate and its purpose is "to raise money in relation to the City of Jackson Mayoral Special Election."

The form lists Alance McKinney of Jackson as ENI's president/director and Fletcher Shaw of Canton as secretary/treasurer. State records also show a south Jackson address for two dissolved companies. Reached by phone, Shaw said the PAC was set up to back a candidate in the mayor's race, but referred a Jackson Free Press reporter to attorney John P. Martin, who prepared ENI's paperwork, for particulars.

"It's a political-action committee set up and established based upon the guidelines the election commission set up — no less or no more," Shaw told JFP.

Martin, of the Canton firm of Montgomery McGraw PLLC, called the JFP back Thursday to say that his firm's role in the PAC is only to serve as its agent.

Employees of Montgomery McGraw, including partner Bob Montgomery, a former Mississippi state senator and chief of staff to former Democratic U.S. Rep. G.V. "Sonny" Montgomery, have contributed to several political candidate campaigns over the years.

Most recently, Bob Montgomery gave to Republicans Gov. Phil Bryant, transportation Commissioner Dick Hall and Lucien Smith, a 2011 state treasurer candidate who now serves as Bryant's chief-of-staff. In past elections, Montgomery also gave to Republicans former Gov. Haley Barbour, Lt. Gov. Amy Tuck and Tate Reeves when he was state treasurer.

In addition, Montgomery has contributed to former Democratic Insurance Commissioner George Dale as well as several state supreme court candidates, races that are officially nonpartisan.

Fletcher Shaw said the ENI would be in compliance with state financial disclosure rules; runoff candidates—Chokwe A. Lumumba and Tony Yarber—will be required to file reports on Tuesday, April 15.

Jonathan Compretta and Michael Rejebian, co-campaign managers for 42 For Better Schools, filed an 11-page lawsuit today asking a judge to order that the Initiative 42 ballot measure's full text be printed on the Nov. 3 ballot. Currently the ballot states the initiative title, the section of the Constitution being amended and the Legislative Budget Office Fiscal Analysis.

After a denied records request and the Legislative Budget Office analysis changing (since the March version) on the sample ballot released last week, 42 For Better Schools is hoping to bring clarity to the November election ballot by putting the full text of their proposed change to Mississippi's Constitution in writing.

The plaintiffs cite Section 273 of the Mississippi Constitution as the basis for their legal action. In this section, the Constitution states that:

"The sponsor of an initiative shall identify in the text of the initiative the amount and source of revenue required to implement the initiative. If the initiative requires a reduction in any source of government revenue, or a reallocation of funding from currently funded programs, the sponsor shall identify in the text of the initiative the program or programs whose funding must be reduced or eliminated to implement the initiative. Compliance with this requirement shall not be a violation of the subject matter requirements of this section of the Constitution. "

42 For Better Schools argue that the approved ballot does not contain the original initiative language proposing a multi-year phase-in to fully fund K-12 schools, which have been fully funded only twice since the 1997 passage of the MAEP, the funding formula. Initiative 42 proponents have previously stated that their intention is not that the Legislature fully fund public education immediately, and they understand that if excess funds are used, it might take almost seven years to fully fund MAEP. The House Appropriations Committee still met to discuss budget cuts, however, and have maintained that if the initiative passes, they will have to cut almost every state agency's budget.

The Sun-Herald just broke the news that Rep. Gene Taylor will run as a Republican to try to reclaim a seat in the U.S. Congress:

Taylor said he was on his way to Jackson to file to run as a Republican. The primary is June 3.

Read more here: http://www.sunherald.com/2014/02/28/5377861/moore-will-run-again-for-congress.html#emlnl=Breaking_News#storylink=cpy

The Mississippi Supreme Court has ruled Lauren Czekala-Chatham's divorce legal in concurrence with the ruling in Obergefell v. Hodges, the U.S. Supreme Court case that legalized same-sex marriage in June. Czekala-Chatham filed for divorce from her estranged wife in 2013 in Mississippi, and has been waiting for an order from the Mississippi Supreme Court since July when both the state and Czekala-Chatham's lawyer filed entry motions for judgment in the case following the Obergefell decision.

After a four-month silence, the Mississippi Supreme Court has finally ruled, but not without pontificating. Five of the Mississippi Supreme Court justices signed the order in support of granting Czekala-Chatham a divorce. Chief Justice William Waller and Justices Michael Randolph, Ann Lamar, Randy Pierce and David Chandler ordered a short entry of judgment in Czekala-Chatham's favor, reversing the previous DeSoto County Court ruling that said Czekala-Chatham could not get a divorce. Justice Pierce wrote a separate statement in support of the court's order.

Four justices objected to the order, however. Justices Jess Dickinson, Josiah Coleman and Leslie King, however, in three separate written statements, objected to the order, and Justice James Kitchens joined Justice King's statement. The 36-page order and statements are available here.

Czekala-Chatham released the following statement after the court's ruling:

"I'm happy this battle has been won. But the war on discrimination is still on going. I continue to struggle with the negative consequences that being in the public's eye has caused. I will soon be divorce (sic) from my former spouse. And realize there are still road blocks when testing discrimination laws. So much still needs to be addressed. This fight has damaged my life in ways I can't recovered (sic) from. Searching for employment for 18 months has put a mental and a financial strain on me. Any potential employer can google my name and I'm dropped as a potential candidate. You can win the battle but the war on discrimination is very much real."

The Mississippi State Supreme Court has granted a stay of execution for death row inmate Willie Jerome Manning. Manning was scheduled to be put to death this evening at 6 p.m. at Mississippi State Penitentiary at Parchman.

Manning, accused of killing two people in Oktibbeha County in 1992, has maintained he is innocent and has been fighting to clear his name. Since last week, the Federal Bureau of Investigation has twice admitted to errors in Manning's original trial, stating that investigators overstated the evidence against Manning.

Prosecutors said Manning had been in possession of items that belonged to the victims and that bullets from Manning's gun matched bullets recovered from the victims' bodies. On May 6, the FBI said in a letter: “The science regarding firearms examinations does not permit examiner testimony that a specific gun fired a specific bullet to the exclusion of all other guns in the world.”

In a letter to Oktibbeha County District Attorney Forrest Allgood, who prosecuted Manning, U.S. Justice Department officials stated last week "that testimony containing erroneous statements regarding microscopic hair comparison analysis was used" in Manning's case.

The letter, which went to Manning's lawyer and the Mississippi Innocence Project, which is monitoring the case, goes on to say that information the FBI presented in its testimony "exceeded the limits of science, and was, therefore, invalid." The FBI offered to perform the mitochondrial DNA testing.

Manning has always said he did not commit the crime; in fact, he says he was at a club on the night of the murders. For years, he's been trying to convince the state to test DNA from the crime scene. As gruesome as the murders were, there should be lots of biological material to test. One of the victims, Tiffany Miller, was shot twice in the face at close range. One leg was out of her pants and underwear, and her shirt was pulled up. Her boyfriend John Steckler's body had abrasions that occurred before he died, and he was shot once in the back of the head. A set of car tracks had gone through the puddles of blood and over Steckler's body.

One of the issues Manning raised in his appeal is that Allgood illegally kept African Americans off Manning's jury by dismissing potential jurors who said they read African American magazines. David Voisin, Manning's attorney, said if approved, the testing could take several weeks, depending on which lab is used.

On May 3, at the Mississippi Capitol, death-penalty opponents and Manning supporters called on Gov. Phil Bryant to stop the execution. The Mississippi Innocence Project filed a brief in support of Manning this week. Kennedy Brewer, who was exonerated in 2008 with DNA tests after being convicted and sentenced to death for killing his girlfriend's young daughter, also wrote Bryant asking to give Manning the same opportunity to clear his name that Kennedy received.

Update: Statment from Attorney General Jim Hood

I am sorry that the victims’ families will have to continue to …

The state admitted that it has not met court-order requirements in a 7-year-old lawsuit, Olivia Y v. Bryant, intended to change the state's foster care system. Gov. Bryant has agreed to hire an Executive Director of the Department of Family and Children's Services, which will soon become a cabinet-level position. Additionally, a group will be hired to consult with the state over the next four months and recommend changes necessary to protect Mississippi children going forward. Bryant has also agreed to call a special session of the legislature if the recommendations require legislative changes.

The press release from A Better Childhood, an advocacy organization that works on behalf of abused and neglected children, has been re-printed below in full:

Facing an evidentiary hearing for contempt scheduled to begin in federal court on August 10, the state has conceded that it has not met court-ordered requirements in the 7-year-old lawsuit, Olivia Y v. Bryant, intended to reform the state’s foster care system.

In an Agreed Order submitted to Judge Tom Lee on July 21, the state agreed with factual charges made against it in reports submitted by the court-appointed monitor. In the Order, the parties also agreed on steps that will determine whether the plaintiffs will continue to seek a receivership, this time based on specific recommendations from a neutral consulting group, or whether the state can and will make the changes necessary to finally reform the Mississippi foster care system.

The plaintiffs in the lawsuit, who are all of the children in foster care in the state, had asked the court to find the state in contempt of the court orders for reform, and to appoint a receiver to take over the administration of the state’s foster care system. The state’s admission of non-compliance resolves the first part of the contempt motion. The order submitted to the court today directs the employment of an expert group to make recommendations to achieve compliance, and leaves open the question whether a receiver will be required to administer the state’s foster care system.

The lawsuit was filed in 2004, asserting widespread violations of children’s constitutional rights in the foster care system. Although the case was settled in 2008, the state has never been in compliance with the terms of the settlement.

This is the second contempt motion filed in the case. After the first motion, a new settlement agreement was approved by the Court, but failed to produce necessary results.

“It was clear to us, given the state’s history in implementing these court orders, that the state simply lacks the capacity or the will to run a child welfare system that protects the children of Mississippi,” said Marcia Robinson Lowry, executive director of A Better Childhood, a national advocacy organization that works on behalf of abused and neglected children. “We have asked the federal court to appoint a receiver to take over the system. However, we think the appointment of a well-qualified expert group to make specific recommendations is an important step …

In a week that can't get any better, not even an story on an endorsement can be lame.

The Jackson Police Officers Association announced yesterday their endorsement of mayoral candidate and former south Jackson business owner Jonathan Lee.

Lee was hailed by that group's president, Earnest Perry, as a "visionary" and "a strong leader with a willingness to work with local and state government."

Reached by phone on Monday, Perry backed up sentiment in the groups press release that the interview process was thorough, and that five candidates (Lee, Regina Quinn, Robert Amos, Chokwe Lumumba and Harvey Johnson, Jr.) were interviewed. He called Johnson's interview "intensive."

The problem is, Earnest Perry is not a police officer. He was a JPD detective until 2009, when then-chief Malcolm McMillan transferred him because he violated city policy regarding Fuelman, though no charges were ever filed against him.

In response to the JPOAs endorsement announcement Monday, the campaign to re-elect Harvey Johnson, Jr. released this statement minutes ago:

"Recently, our campaign, along with other candidates for mayor, was invited to meet with the Jackson Police Officer Association (JPOA). The meeting was presided over by a person who is no longer an active police officer and recently separated from the department. The tone of the meeting made me very uncomfortable, as it became clear that in order to receive an endorsement of my candidacy, I would have to specifically agree to change the command staff and management at JPD. It is not unreasonable to believe that the candidate for mayor that the group endorsed agreed to those demands. As Mayor and as a candidate for mayor I simply cannot permit the sound administration of JPD to become the product of a backroom political deal.

"JPOA is not the same organization I have known and recognized over the years. It is now comprised of less than 10% of JPD’s rank and file officers. A disproportionate number of the officers in this group, having been disciplined for various infractions, appear to be disgruntled with the more rigorous standards implemented by our command staff. The vast number of officers, however, are successfully meeting the challenges associated with a large paramilitary organization operating in an urban environment. This administration will continue to strive to make JPD the best law enforcement agency in the region by insuring that our officers are well trained, equipped, compensated, and likewise treated fairly in their work assignments."

On Monday, Perry described the group that did the interviews as "very diverse," and said it was made up of 10 panelists from various backgrounds, including a fire department union member, a city worker union member, a neighborhood watch president, and local businessmen and lawyers.

Lee did not immediately return phone calls Tuesday afternoon.

Some will remember the story the JFP broke back in May about a lawsuit a student brought against Northwest Rankin High School after she was forced to attend a religious event at the school. Well, the student won in federal court, and Northwest Rankin has a brand new policy on keeping religion out of the school.

In his judgement against the school, Judge Carlton Reeves said the school violated the establishment clause of the first amendment when it made attendance mandatory at the April 10, 2013 program.

The school was also told to pay the legal fees of the student, totaling $15,000.

The American Humanist Association released this statement earlier today:

A judgment has been entered by a federal court in a case brought by the American Humanist Association’s Appignani Humanist Legal Center on behalf of a student at a Rankin County, Mississippi high school challenging the proselytizing religious assemblies it staged for students earlier this year. The lawsuit was filed April 24, 2013 in the United States District Court for the Southern District of Mississippi against administrators of Northwest Rankin High School in Flowood, MS and the county school district.

The judgment includes an admission of liability by the defendants that they violated the Establishment Clause, the provision of the Constitution that requires separation of church and state. It also requires the school district to comply with a new policy that prohibits future such violations and orders the defendants to pay the plaintiff’s attorneys’ fees.

“A lot has been accomplished and I’m pleased with the outcome of the suit,” said Magdalene “Gracie” Bedi, the student plaintiff in the case. “I'm grateful for the school's maturity throughout this ordeal and I look forward to graduating with them on a positive note. No one should have to question their rights in a public school and I think Northwest [Rankin High School] realizes this now.”

Before filing suit, a letter was sent asking school officials to stop the practice, where a student representative of the Pinelake Baptist Church spoke of finding “hope” in “Jesus Christ,” but the assemblies continued with school administrators insisting the assemblies were “student-led and organized.” According to students present, however, those who attempted to leave were prevented from doing so. At the end of the presentation, the speakers led the students in a Christian prayer. Videos captured by students can be found here and here.

“We are pleased that the school’s administrators have admitted that they violated the Constitution and agreed to continuing court oversight to prevent future violations,” said William Burgess, legal coordinator of the Appignani Humanist Legal Center. “There was clear evidence that these Christian assemblies were endorsed and organized by the school. To continue to deny a constitutional violation had taken place was untenable.”

In a near unanimous 7-1 decision announced earlier today, the U.S. Supreme Court decline to rule in Fisher v. University of Texas.

Today, the Association of Alternative Newsmedia released a statement joining other journalism organizations in protesting the U.S. Department of Justice's over-reaching subpoena of The Associated Press' phone records. The JFP joins other media organizations who have signed onto this letter by the Reporters Committee for Freedom of the Press. It reads in part:

The scope of this action calls into question the very integrity of Department of Justice policies toward the press and its ability to balance, on its own, its police powers against the First Amendment rights of the news media and the public’s interest in reporting on all manner of government conduct, including matters touching on national security which lie at the heart of this case.

The following is a verbatim press release from the American Civil Liberties Union.

ATLANTA – The American Civil Liberties Union today filed a federal lawsuit challenging debt collection practices that have resulted in the jailing of people simply because they are poor. The case was brought on behalf of Kevin Thompson, a black teenager in DeKalb County, Georgia, who was jailed because he could not afford to pay court fines and probation company fees stemming from a traffic ticket.

"Being poor is not a crime. Yet across the county, the freedom of too many people unfairly rests on their ability to pay traffic fines and fees they cannot afford," said Nusrat Choudhury, an attorney with the ACLU's Racial Justice Program. "We seek to dismantle this two-tiered system of justice that punishes the poorest among us, disproportionately people of color, more harshly than those with means."

The ACLU charges that DeKalb County and for-profit Judicial Correction Services Inc. (JCS) teamed up to engage in a coercive debt collection scheme that focuses on revenue generation at the expense of protecting poor people's rights.

The U.S. Supreme Court ruled more than 30 years ago that locking people up merely because they cannot afford to pay court fines is contrary to American values of fairness and equality embedded in the 14th Amendment to the U.S. Constitution. The court made clear that judges cannot jail someone for failure to pay without first considering their ability to pay, efforts to acquire money, and alternatives to incarceration.

No such consideration was given to Thompson, who was locked up for five days because he could not afford to pay $838 in fines and fees to the county and JCS – despite the fact that he tried his best to make payments. The lawsuit charges that Thompson's constitutional rights to an indigency hearing and to counsel were violated by DeKalb County, JCS, and the chief judge of the local court that sentenced him to jail.

"What happened to me, and others like me who try their best to pay fines and fees but fall short, is unfair and wrong," said Thompson. "I hope this lawsuit will help prevent other people from being jailed just because they are poor."

These debt collection practices have had a devastating impact on people of color in the Atlanta metropolitan area. While blacks make up 54 percent of the DeKalb County population, nearly all probationers jailed by the DeKalb County Recorders Court for failure to pay are black – a pattern replicated by other Georgia courts.

"In a country where the racial wealth gap remains stark, the link between driving while black and jailed for being poor has a devastating impact on communities of color," said Choudhury.

The case, Thompson v. DeKalb County, was filed in U.S. District Court in Atlanta. It names DeKalb County, Chief Judge Nelly Withers of the DeKalb County Recorders Court, and Judicial Correction Services Inc. as defendants. Rogers & Hardin LLP, the ACLU of Georgia, and Southern Center for …

Candidates running for state office filed their final pre-election campaign finance reports on Oct. 27. Click a candidate's name to view the full report.

Governor

Phil Bryant (Republican)

Amount spent this election: $2.74 million

Amount still on-hand: $1.38 million

Robert Gray (Democrat)

Amount spent on this election: $3,100

Amount still on-hand: $1,700

Lieutenant Governor

Tate Reeves (Republican)

Amount spent on this election: $640,000

Amount still on-hand: $3.6 million

Tim Johnson (Democrat)

Amount spent this election: $213,000

Amount still on-hand: $15,900

Secretary of State

Delbert Hosemann (Republican)

Amount spent this election: $321,000

Amount still on-hand: $1.2 million

Charles Graham (Democrat)

Amount spent this election: $8,500

Amount still on-hand: $150

Attorney General

Jim Hood (Democrat)

Amount spent this election: $1.26 million

Amount still on-hand: $350,000

Mike Hurst (Republican)

Amount spent this election: $861,000

Amount still on-hand: $86,000

State Auditor

Stacey Pickering (Republican)

Amount spent this election: $302,000

Amount still on-hand: $49,000

Jocelyn “Joce” Pritchett (Democrat)

Amount spent this election: $158,000

Amount still on-hand: $4,000

Treasurer

Lynn Fitch (Republican)

Amount spent this election: $395,000

Amount still on-hand: $5,700

Commissioner of Agriculture and Commerce

Cindy Hyde-Smith (Republican)

Amount spent this election: $111,000

Amount still on-hand: $162,000

Addie Lee Green (Democrat)

Amount spent this election: $765

Amount still on-hand: $5,700

*Numbers rounded for clarity, incumbents listed first; numbers taken from October 27, 2015 Campaign Finance Report Filings with the Secretary of State's office.

JACKSON, Miss. – The landmark settlement of a federal class action against the City of Jackson, Mississippi, has brought an end to that city’s self-described “pay or stay” system alleged to have sent hundreds of people to jail each year because they could not pay fines and fees in misdemeanor cases.

The City has agreed to give indigent defendants the choice of paying off their fines at the rate of $25 per month or performing community service and receiving credit toward their unpaid fines at the rate of $9 per hour.

In addition, Jackson no longer will require people arrested for misdemeanors to post a money bond in order to avoid pre-trial detention. Rather than releasing only those people who can afford to pay a bond and detaining those people who – although presumptively innocent – are too poor to pay their way out of jail, the city will release all people arrested for misdemeanors upon their written promise to appear in court on a specified date for a trial or other hearing. As an alternative to money bond, the city’s judges will have the option to place non-monetary pre-trial conditions on people arrested for misdemeanor offenses. For example, a judge might order a person accused of shoplifting to stay away from the location of the alleged misdemeanor until after the resolution of that person’s case.

The agreement is part of a settlement reached in the lawsuit filed by Equal Justice Under Law, a non-profit civil rights organization in Washington, D.C., and the Roderick and Solange MacArthur Justice Center at the University of Mississippi School of Law. The case was filed on behalf of seven Jackson residents who were ordered to jail by Jackson municipal judges for periods ranging from 26-90 days due to their inability to pay court debts imposed in misdemeanor cases.

The lawsuit challenged Jackson’s practice of sending impoverished people to jail when they failed to pay their court debts without regard for whether they actually had the financial ability to pay. Persons sent to jail under this system received credit toward their unpaid debts at a rate of $25 per day of incarceration at the Hinds County Jail, or $58 per day if they participated in the mandatory work program at the Hinds County Penal Farm.

As a result of this practice, some people spent several months in jail while working off their debts.

The lawsuit alleged that this practice was carried out for more than a decade and resulted in the incarceration of hundreds of indigent defendants each year.

U.S. District Judge Tom S. Lee of the Southern District of Mississippi entered a declaratory judgment in Bell v. City of Jackson setting forth the limitations on incarcerating defendants for failure to pay fines. The judgment states: “It violates the Constitution to incarcerate an individual, either before or after trial, solely because an individual does not have the ability to make a monetary payment…. Based upon this constitutional principle, no individual may be held in jail …

Jackson State University released the following statement regarding the dismissal of a sexual harassment lawsuit against Athletic Director Vivian Fuller:

U.S. District Judge William H. Barbour, Jr., on March 13 dismissed the sexual harassment lawsuit filed against Jackson State University, JSU Director of Athletics Dr. Vivian L. Fuller and JSU President Carolyn W. Meyers by former JSU employee Lolita Ward.

According to the ruling, the court “found that Ward has failed to show that there exists genuine issues of material fact with respect to any of the claims alleged in her amended complaint.”

University Communications Executive Director Eric Stringfellow said university officials applauded the court’s decision.

“Since the beginning of the case, our position has been that the lawsuit was without merit. The U.S. District Court’s dismissal of Lolita Ward’s lawsuit vindicates the university,” Stringfellow said.

When the U.S. Equal Employment Opportunity Commission investigated Ward’s allegations, the federal agency determined it was unable to conclude that the information obtained established violations of any statutes.