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U.S. Fifth Circuit allows Capitol Complex Improvement District Court to move forward

By Kaitlin Howell Jan 4, 2024 | 6:22 PM

JACKSON, Miss. (WJTV) – The U.S. Fifth Circuit Court of Appeals issued rulings regarding House Bill 1020.

A list of plaintiffs, including the NAACP, filed emergency motions for an injunction pending an appeal of the district court’s denial of a preliminary injunction. In a Thursday ruling, three judges on the 5th U.S. Circuit Court of Appeals in New Orleans denied the NAACP’s motions for an injunction pending an appeal and vacated an administrative stay that had temporarily blocked state officials from creating the court.

This decision comes after U.S. District Judge Henry Wingate ruled that he would allow Mississippi officials to move forward with creating a state-run court in part of the majority-Black capital city of Jackson, over objections from the NAACP.

The court for the Capitol Complex Improvement District (CCID) was created by the majority-white and Republican-controlled Mississippi Legislature. Jackson is governed by Democrats. Attorneys for the civil rights organization had sued on behalf of several Jackson residents, saying the new court undermines democracy because local voters or local elected officials won’t choose its judge or prosecutors.

Under a law signed by Republican Gov. Tate Reeves in the spring, the new court is expected to have jurisdiction in a part of Jackson that includes state government buildings and some residential and shopping areas. Reeves and legislators who support the new court say it is part of an effort to control crime in Jackson — a city that has had more than 100 homicides for each of the past three years, in a population of about 150,000.

The 5th Circuit’s decision said the NAACP’s argument did not meet the burden for an appeal.

“We begin and end with the first factor: likelihood of success on the merits,” the panel wrote. “In sum, plaintiffs fail to plead a cognizable injury-in-fact and thus lack standing to assert their claims. Without standing, they cannot obtain an injunction.”

Attorneys for the NAACP and other civil rights organizations had sued on behalf of several Jackson residents, saying the new court undermines democracy because local voters or local elected officials won’t choose its judge or prosecutors.

The panel said the argument that the state law would take away power from local officials “has no basis in fact” because the legislation creates a new court, “staffed with a newly appointed judge and newly appointed prosecutors.”

In a statement following the ruling, the NAACP said its legal fight would continue.

“The NAACP is profoundly disappointed by today’s ruling,” said Janette McCarthy Wallace, general counsel for the NAACP. “Despite any obstacles we may face, the fight continues. Our case will proceed, with more briefing and arguments to come. The NAACP remains committed to upholding democracy and putting power back in the hands of Jackson residents.”

The NAACP did not immediately explain the legal strategy they would use to keep the case alive.

Attorney General Lynn Fitch’s office and Gov. Reeves applauded the ruling.

“I am pleased by the Fifth Circuit’s decision to affirm Judge Wingate’s ruling allowing the CCID court to go into effect,” said Reeves. “This decision will help improve public safety and attract investment in our capital city. This allows us to take another step forward together for a safer and better Jackson – for all its residents.”

“The people of Jackson deserve a safer community and this office stands ready to help the people of Jackson get access to the prompt adjudication of justice that this law makes possible,” chief of staff for the Attorney General’s Office Michelle Williams said.

The state law creating the new court also expands the patrol territory for Capitol Police. The state-run police department previously patrolled near state government buildings in downtown Jackson, but the new law added other parts of the city, including more affluent residential and shopping areas.

The Associated Press contributed to this report.