They argue that HB 1020 violates the Mississippi constitution, by allowing non-elected judges to preside in Hinds County. In a hearing held yesterday, a motion to remove Chief Justice Michael Randolf and circuit clerk Zack Wallace as defendants was heard in Hinds County Chancery Court. Counsel presented arguments to Judge Dewayne Thomas that the two are immune from being sued on the matter.
The second motion was to add Governor Tate Reeves and Attorney General Lynn Fitch in their official capacities to the suit as defendants. The AG's lawyer Rex Shannon argued their inclusion doesn't fit within the scope of the lawsuit.
"Neither of them have the ability to control the actions of the chief justice or the administrative officer courts director, in order to compel them to comply with any injunction." he said. "That's a fundamental separation power."
Judge Thomas sided with the plaintiffs and granted the motion yesterday evening. The plaintiffs also requested a preliminary injunction on House Bill 1020. All three testified before the court, explaining why they felt the bill would impede on their voting rights. Attorney Paloma Wu with the Mississippi Center for Justice said she was pleased with how her clients answered questions.
"It was just very powerful and, you know, they're the most important part of this lawsuit." she said. "We get to all work together to try to get the right outcome for the city and the county on this issue because a lot of people feel very powerfully about it."
Judge Thomas says he hopes to have all decisions made by the weekend.
