During their meeting of January 7, the Choctaw County Board of Supervisors authorized Board Attorney Kasey Young to draft a letter requesting that the Choctaw County Justice Court Judges meet with the Supervisors to discuss the collection of outstanding fines. In their meeting on Tuesday, January 22, the Board placed into the minutes the following letter, dated January 18, in which the Justice Court Judges declined to meet with the Board.
“Dear Gentlemen:
We are in receipt of your letter requesting that we attend the next meeting of the Choctaw County Board of Supervisors for the purpose of discussing "possible solutions for handling the unpaid fines in Justice Court."
Please be advised that the Choctaw County Justice Court is a separate and co-equal branch of government and in no way answerable to the Board of Supervisors. The collection of unpaid fines falls strictly within the scope, duty, and authority of the judicial branch of government. The Choctaw County Board of Supervisors has no more say in how the court goes about collecting outstanding fines than members of the judiciary would have in how individual members of the Board of Supervisors maintain the roads in their respective districts. Because we are not subject to the beck and call of the Board of Supervisors, we respectfully decline the request to attend your next meeting.
Cannon 4 A of the Mississippi Code of Judicial Conduct provides as follows:
A judge shall not make an appearance before, or otherwise consult with, an executive or legislative body or official or a public hearing except on matters concerning the law, the legal system or the administration of justice or except when acting pro se in a matter involving the judge or the judge's interests.
Because the request to attend your next meeting does not directly deal with "matters concerning the law, the legal system or the administration of justice," but instead deals with "unpaid fines," attending your meeting would violate the judicial ethics that we are required to follow. Consequently, even if we felt that the collection of unpaid fines fell within the authority of the Board of Supervisors, we could not and would not attend the meeting because to do so would violate the ethical rules that we are obligated to follow.
The Choctaw County Justice Court, like all courts all over the country, is limited in what can be done to collect old fines. Recently enacted Mississippi Code Section 99-10-20.1, makes the task even more difficult that it was previously. The Choctaw County Justice Court makes every effort to collect outstanding fines within the constraints imposed by the U.S. Supreme Court, the Mississippi Supreme Court, the United States Constitution, and the Mississippi Legislature. Those efforts will continue. The Choctaw County Board of Supervisors does not help those efforts when it publicizes the fact that many old fines aren't collectable. All that does is make people that may not have already known it, rcalize just how difficult it is to collect old fines, thus making it tempting for some to attempt to avoid paying their fine.
Government works best when members of the respective branches of government understand and recognize the responsibilities and limitations of their branch of government. Therefore, in the future we suggest that you attend to the duties that are statutorily assigned to the Board of Supervisors and allow us, without interference, to attend to the duties of the judicial branch of government.” Signed by Justice Court Justices William A. Stephenson and Teresa Weeks
No further action was taken in this matter.
In other action, the Board:
Unanimously confirmed Chris Robinson, Lee James, Lillie Anderson as Economic Development District Trustees, and Ron Bennett on a 4-1 vote with Supervisor Eric Chambers voting against.
Voted unanimously to approve 16th-Section Leases.
The next regular meeting of the Choctaw County Board of Supervisors is Monday, February 4 at 9 a.m.
