J.Ol'7-(Y)- 101

IN RE:

SUPREME COURT OF MISSISSIPPI NO. -----------

HINDS COUNTY BOARD OF SUPERVISORS PETITIONER

PETITION FOR EXTRAORDINARY WRIT ORIGINAL COMES NOW the Hinds County Board of Supervisors (""Petitioner"). by and through

counsel and files. pursuant to Rule 2L MISSISSIPPI RULES OF APPELLATE PROCEDURE

and other applicable authority. this Petition f<Jr Extraordinary Writ. and in support would show

the following:

STATEMENT OF THE FACTS

On February 8, 2017 William Skinner, in his capacity as Hinds County Senior Judge.

executed an Order re-assigning [\·ic J the County Court Dockets. See Exhibit A. This Order

provided, inter alia, that '"Judge Melvin Priester shall be re-assigned {sic} to preside over the

youth court docket. .. " Thereafter, Judge Priester undertook all duties as youth court judge.

including meetings with various state and county officials. One of the topics of these meetings

was a proposed reorganization of the Hinds County Youth Court to better serve the needs of the

state and county. both of whom are under Federal Consent Decrees 1• After receiving input from

various constituencies. Judge Priester designed an organization chart with redefined duties for

Youth Court support staff Judge Priester also terminated an individual who could not account

for property obtained through state grants and county general funds. See Exhibit B. Such

1 Olivia Y v. S'tate of Mississippi; United States District Court for the Southern District of Mississippi Civil Action No. 3:04cv25 l LN: J.H. et al v. Hinds County, United States District Court for the Southern District of Mississippi: Civil Action No. 3: I l-cv-00317-DPJ-FKB.

Jo3L\ .,-,-- ·,

unaccounted property included computer hardware necessary for making identification badges.

laptop computers, tablets and other electronic/mobile devices. Additionally, this individual did

not hold a support staff position recognized by the Administrative Office of Courts (AOC)

guidelines2. Judge Priester·s Order terminating said employee ··effective immediately" was

executed on April 24, 2017. The following day, Judge Skinner executed another ·'Order re-

assignment [\·icj The County Court Dockets". returning himself to preside over the youth court

and the youth drug court, reassigning Judge Priester to preside over the civil court docket, and

reassigning Judge Stokes to preside over the criminal docket3. See Exhihit C. On the same day,

Judge Skinner entered an ··order Reinstatementemployee f sic J": seeking to return the individual

previously terminated by Judge Priester. 5.,'ee E'Chihit D.

On May 2, 2017, the Hinds County Administrator sent Judge Skinner a memo explaining

that Hinds County docs not have a policy for reinstatement, but that the county would work with

Judge Skinner to rehire the individual terminated by Judge Priester. See Exhihil E. The County

Administrator requested the position, proposed salary and resume of the individual Judge

Skinner was seeking to hire. Choosing to ignore the County Administrator's guidance, Judge

Skinner instead sent a letter on May 3. 201 7 to the County Administrator requesting that the

county "immediately rehire and reinstate" the terminated individual "to his former position ..

\\foch is. ostensibly. ''the operations supervisor and my assistant in supervising the staff of the

youth court"'. See txhihil F. The May 3, 2017 letter further asse11s that Judge Skinner's April 25.

2017 "'order is not an order to rehire but to cancel" Judge Priester's April 24, 2017 order.

2 The Hinds County Board of Supervisors adopted the AOC guidelines on July 6, 2015 and readopted them on September 6. 2016. ' On May 2, 2017. Judge Skinner. for the third time in 90 days, entered an order of reassignment assigning himself to preside over youth court. youth drug court and criminal court while reassigning Judge Priester to preside over civil court of appeals docket 011~r (a non-existent statutory division) (emphasis in original).

2

As with other matters involving Judge Skinner, the April 25, 2017 personnel order \Vas

entered without any notice or a hearing. Setting aside the confusion arising from some personnel

directives coming by order and other personnel directives coming by letter.i, the Order attempts

to command the board of supervisors to violate duly adopted AOC guidelines and duly adopted

personnel policies without an opportunity to be heard.

STATEMENT OF ISSUE PRESENTED AND RELIEF SOUGHT

Hinds County respectfully requests that this Court vacate the April 25. 2017 order

purportedly reinstating the individual. Said termination was properly executed and final on April

24. 2017. Further Hinds County requests that this court issue a writ of mandamus directing Judge

Skinner to follow the AOC youth support staff guidelines and county personnel policy in

hiring/rehiring of individuals.

Further. Hinds County requests that this Court enter an order directing the judge with the

longest time continuously to comply with the statutory intent of assigning one judge to each of

the three county court divisions.

STATEMENT OF THE REASON WRIT SHOULD BE ISSUED

As far back as 1958. the Mississippi Legislature recognized the need .. to relieve the

crowded condition of the docket in the county court and in the youth court of the first judicial

district of Hinds County"5. Section 9-9-15(2) creates three judgeships that shall be .. separate and

distincC stating .. there shall be no distinction whatsoever in the powers, duties. and

emoluments'' of the three otlices .. except that the county judge who has been for the longest time

continuously a judge'· of said court, shall have the discretion to .. assign causes, terms. and

"1 Judge Skinner issued the April 25. 2017 order to reinstate an individual. but subsequently issued letters on May 2. 2017 and May 3. 2017 attempting to terminate four youth court employees who engaged in protected activity or were listed as witnesses in the protected activity process. ' Miss. Code Ann. ~ 9-9-15

dockets··&. Further. Section 9-9-15(3) provides. that the judge serving ··the longest time

continuously'" has the "discretion·· to divide Hinds County Court ··into civil. criminal. and youth

court divisions as a matter of convenience by an entry of an order upon the minutes of the court.··

The plain language of the statute creates three divisions (civil, criminal and youth), one

for each judge. A general statute Miss. Code Ann. § ./3-21-107. likewise, creates a youth court

division as a division of the county court of each county now or here after having a county

court 7. In this matter. the duly designated youth court judge shall appoint sufficient personnel

responsible to and under control of the youth court. to be paid out of any available funds

budgeted by the board of supervisors. 8 Notably the statute does not reference the ··civil appeals

division·· assigned to Judge Priester on May 2. 2017.

A. Personnel

Hinds County does not contest that elected officials have wide discretion with respect to

hiring/termination decisions. This wide is not unbridled; however, it is axiomatic that even

elected officials must follow some procedural safeguards to ensure that hires are not arbitrary.

capricious or subjective. The AOC has provided with respect to the youth courts. comprehensive

guidelines pertaining to support staff. The guidelines clearly state. ··all youth court positions shall

be considered employees of their designated county." The guidelines include job descriptions.

minimum requirements and salary ranges. The AOC promulgated these guidelines to promote

the '·affluent administration of the non-judicial business of the courts of the state:·9

c, An interesting question is whether Judge Skinner or Judge Priester is actually the Senior Judge. While Judge Skinner was elected before Judge Priester. Judge Skinner was suspended by this court for 30 days in Mississippi Commission onjudicial Perfrmnance v. William L. Skinner. II, No. 2012-JP-O 174-SCT. Hence. one could argue Judge Priester has the "'longest time continuously." 7

Miss. Code Ann.§ 43-21-10 8 Miss .. Code Ann.§ 43-21-119 and§ 43-21-123 9 Miss. Code Ann. § 9-21-1

4

All Hinds County is seeking is a writ directing Judge Skinner to comply with the AOC

guidelines and county policy in exercising his hiring discretion.

8. Assignment of Judges

Hinds County does not contest that the judge with the longest time continuously has

discretionary statutory powers to divide county court into divisions. In fact, Hinds County Court

has long been so divided into civil. criminal and youth court division. Hinds County avers.

however. that a reading of the statutory plain language directs the assignment of one judge to

each division. At present, one judge is assigned to both the criminal and youth court divisions.

while another is assigned to a non-existent .. civil appeals'' position.

Hind County respectfully requests that this court issue a writ directing the judge with

longest time continuously to assign one judge to each division. This request is made solely to

promote stability and judicial efficiency within county court.

5

CONCLUSION

For the foregoing reasons, this Court should vacate the April 25, 2017 order of the county

court judge attempting to reinstate a properly terminated employee 10• Further. the County seeks

writs directing that the county court judge comply with AOC/County hiring policies and make

the statutory assignment ofjudges to divisions.

Respectfully submitted this the 25 111 day of May, 2017.

OFFICE OF THE BOARD ATTORNEY

316 South President Street Post Office Box 686 Jackson. Mississippi 39205-0686 Office: 601-968-6 797 Facsimile: 601-948-1003

PIETER TEEUWISSEN, MSB # 8777 ANTHONY R. SIMON, MSB # 10009

10 The employee has not appealed this order of termination.

6

CERTIFICATE OF SERVICE

The undersigned certifies that he has this day filed traditionally and/or via electronic mail

the foregoing document with the Clerk of the Court using the Court's electronic filing system

(ECF), which sent notification of such filing to all attorneys of record as well as to the following:

Honorable Zack Wallace, Hinds County Circuit Clerk 407 East Pascagoula Street Jackson, Mississippi 39201

Honorable William Skinner Hinds County Court Judge 407 East Pascagoula Street Jackson, Mississippi 39205

Honorable Darrel D. McQuirter President, Hinds County Board of Supervisors 316 South President Street Jackson, Mississippi 39205

Carmen Davis, County Administrator 316 South President Street Jackson, Mississippi 39205

Respectfully submitted this the 25th day of May, 2017.

c--· ~(i0:~~~

7

PIETER TEEUWISSEN. MSB # 8777 ANTHONY R. SIMON, MSB # l 0009

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Case: 25Cll:14-cv-09005 *SEALED* Document#: 227 Filed: 04/26/2017 Page 1 of 1

IN THE COUNTY COURT OF HINDS COUNTY, MS

IN THE MATTER OF THE Rf-ASSIGNMENT COURT ooacm, HINDS COUNlY, MS

ORDER RE-ASSGNMENT THE COUNTY COURT DOCKETS

This Day this Court further state for the record and shall be spread on its minutes that the Hinds County

Court as a member of one of the three co-ordinate institution of government is not answerable nor

under the supervision of the Hinds County Board of Supervisors, its agents, employees and the assigns.

The Court speaks through its orders and is subject to Judicial review of its orders. No County Judge is

answerable to the Board, any Supervisor, its agents and or employees in the1exercise of its Judicial

function.

This Day, before Court is the matter of assignment of the Judges to preside over the Youth Court Docket,

Criminal Docket and the Civil Dockets in the County Court of Hinds County, ~ississippi. Presently the

undersigned County Judge presides over the Criminal Court Docket and Ju~ Melvin Priester Sr., has

presided over the Youth Court Docket, and Judge LaRita Cooper Stokes, the Civil Docket in the County

Court of Hinds County. The Court finds that in the interest of efficacy and the Judicial economy that the

following changes shall be made effective immediately AprU 25, 2017.

Judge Melvin Priester shall be re-assigned to preside over Civil Court Docket the undersigned Judge

shall now preside over Youth Court and Youth Drug Court. And Judge LaRita Cooper Stokes shall preside

over County Court Criminal Docket_ These OT"ders of re-assignment shail remllin in effect until further

notice.

All other standing orders appointing special Judges and Judges Designees to assist and act when the

Judge presiding over the Youth Court Docket is un~ailable shaH remam in efect untrl further orders of

the court.

SO ORDERED, ADJUDGED DECREED THIS THE 25th DAY OF April

HINDS COUNTY SENIOR JUDGE

EXHIBIT"A"

IN THE COUNTY COURT OF THE FIRST JUDICIAL DISTRICT

OF HINDS COUNTY, MISSISSIPPI

YOUTH COURT DIVISION

ORDER TERMINATING EMPLOYEE

,:,;J\ · ·_ Ti-flS DATE, Comes the undersigned judge for the Hinds County Youth Court, and issues this

,i]6/~!'~(i:erminating the employment of , presently employed as a Youth Services

f:.:cou_nselor Ill, effective immediately.

IT IS ORDERED AND ADJUDGED, that , shall hereby return ALL Hinds

(ciunty property, including but not limited to, ALL KEYS, BADGE PASS/ EQUIPMEf\i'T, COMPUTERS (!PADS

OR LAPTOPS), ALONG WITH BOTH PHONE PASSWORDS AND COMPUTER PASSWORDS, A_ND ALL CELL

PHOI\JE ACCESSORIES IMMEDIATELY to the honorable undersigned judge.

SO ORDERED this the 24th day o:ApriL.2017. • ;/)

·~ .. ~~

/arc

C: Mickie Parker, HR Director,

Bridget Smith, Payroll Officer

.{yo~th court file.)

HONORABL _MELVIN V .. PRIESTER, SR., PRESIDING

Hinds County Youth Court Judge

EXHIBIT"B"

F--1-L·E D

APR 24 -2017

Case: 25Cll:14-cv-09005 *SEALED* Document #: 232 Filed: 05/02fm71 i!9~f b MAY - 2 2017

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EXHIBIT "C"

Case: 25Cll:14-cv-09005 *SEALED* Document#: 228 Filed: 04/26/2017 Page 1 of 1

IN THE COUNTY COURT OF HINDS COUNTY, MS

IN THE MATTER OF THE EMPLOYEE REINSTATEMENT, HINDSCOUNlY, MS

ORDER REINSTATEMENTEMPLOYEE

This Day this Court further state for the record and shall be spread on its minutes that the Hinds County

Court as a member of one of tile three co-ordinate institution of govemmenit is not answerabte nor under the supervision of the Hinds County Board of Supervisors, its agents, employees and the assigns.

The Court speaks through its «ders and is subject to Judicial review of its ocders. No County Judge is

answerable to the Board, any Supervisor, its agents and or employees in the exercise of its Judicial

function.

This Date, Come the undersigned Judge for Hinds County Court, and issues this order reinstatement the

employment of , as Youth Court Counselor Ill, effective immediately .

IT IS ORDERED AND ADJUDGED, that

salary and benefits.

. shall hereby fully reinstated at the same

SO ORDERED, ADJUDGED DECREED THIS THE 25th DAV OF l~ 10~

HINDS COUNTY SENIOR JUDGE

William L "Bi1J" Skinner II

EXHIBIT"D"

ROBERT GRAH . .0-1 D'str:ct 1 Vice Preside:it

DARREL D. McQLlRTER Dist:ict2 Presice~t

PEGGY HOBSON CALHOUX Dist'ict 3

To: Honorable William Skinner Senior County Court Judge

From: Caimen Y. Davis. County Administra!o~

Date: May 2, 2017

RE: Rehire Process

:Vll~'E :VIORGA.'i District 4

BOBBY ·'BOBCAT" '.\lcGOWA. 'i District 5

CARJ\IEN Y. DA\1S County Ad.-ninistrato:

The Hinds County Board of Supervisors is in receipt of your order dated April 25, 2017 to re-instate the employment of Please be av,:are that since the county does not have a policy for reinstatement, such re-instatement request is treated administratively as a request to rehire. In accordance to the Board's policy, please submit to tvirs. Yiickie Parker, Human Resources Director or me, the title of the position, prcposed salary and the resume of

:or the rehiring process. This information is required to ensure that the applicant meets all minimum qualifications and requirements of the position.

If you have any questions, please do not hesitate to contact me.

cc: Hinds County Board of Supervisors Pieter T eeuwissen, Board Attorney Mickie Parker, Human Resources Director

EXHIBIT"E"

316 South President Street • PO. Box 686 • Jackson. MS 39205-0686 • (601) 968-6501 • Fax (601) 968-6794

Ms. Carmen Y. Davis

Hinds County Administrator

Board of Supervisors, Hinds County 316 South President Street,

Post Office Box 686

Jackson, MS 39206-0686

RE: Rehire Process

Dear Ms. Davis:

• ·~ ; .~ s

May 3, 2017

:, ,:,

Facsimile: (601) 968-6794

I am in receipt of your letter referenced above. I want to draw your attention to Hinds County

Court Order dated February 8, 2017 and attached herein, Re-assigning the County Court Docket. The

said order only assigned to Judge Priester to preside over the Youth Court Docket without the Youth

Court Drug Court. I retained my supervisory responsibility as senior county court judge. Judge Priester

did not have the authority to terminate . and my order is not an order to rehire

but to cancel Judge Priester's purported order of termination.

We look forward to a quick resolution of this matter.

Cc: Simon & Teeuwissen, PLLC

Hinds County Board of Supervisors

Sincerely,

s/WiUiam_ L "flill" Skirli1er

William L. "Bill" Skinner

Hinds County Senior Court Judge

Hon. Peter Teeuwissen; Hon. Anthony Simon, Simon & Teeuwissen

Ms. Mickie Parker, Human Resources Director EXHIBIT "F"