IN THE CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT OF

HINDS COUNTY, MISSISSIPPI f I L 'F, D

APR 1012
ORDER ESTABLISHING CIVIL AND CRIMINAL (..iKLUITCLERK
IN THE HINDS COUNTY CIRCUIT COURT B'( ..... OJ. f W
PRELIMINARY STATEMENT
In accordance with Sections 9-7-3(5)1 and 9-7-25(2)2 of the Mississippi Code (1972, as amended), the
undersigned senior judge hereby exercises her discretion in establishing a split random assignment of
cases into criminal and civil divisions in the First Judicial District of Hinds County, Mississippi. The
undersigned is of the opinion that the split division will promote a more efficient, effective and timely
resolution of all civil and criminal cases brought before the circuit court. Moreover, the undersigned
opines that such a division will allow the circuit judges to exercise more flexibility in the management
of civil and criminal dockets in as much as two (2) presiding circuit judges will primarily hear all civil
or criminal cases throughout the year, while the other two (2) presiding circuit judges will primarily
hear all criminal cases throughout the year. As it currently stands, all four (4) judges hear both
criminal and civil cases from tenn to tenn throughout the year, with little unifonnity in the number of
weeks devoted to either group of cases.
With a split division, the circuit judges will almost exclusively devote time to either the civil or
criminal docket, as is done by our three (3) judges in the county court. One county judge hears criminal
matters (misdemeanors), one county judge hears all civil cases, and the third county judge hears all
youth court cases. Several multi-judge districts similarly divide their cases by division. In fact, this
split division was previously used effectively in Hinds County's circuit court.
Many civil cases have lingered much too long on the dockets of the Hinds County circuit court,
without systematic docket calls, scheduling orders or realistic trial dates. Continuances have become
unavoidable agents of stagnation. The undersigned is convinced that delays in civil case resolution can
be diminished when designated judges have more flexibility in rescheduling trials and related matters
on their calendars.
1 Section 9-7-3(5), Tenns ofcourt in general, states: In a district having more than one (I) office of circuit judge, there shall
be no distinction whatsoever in the powers, duties and emoluments of those offices except that the judge who has been for
the longest time continuously a judge of that court or, should no judge have served longer in office than the others, the
judge who has been for the longest time a member of the Mississippi Bar, shall be the senior judge. The senior judge shall
have the right to assign causes and dockets, and to set tenns in districts consisting of more than one (I) county.
2 Section 9-7-25, Seventh districts; number and election ofjudges; powers and duties ofjudges, states:
(1) There shall be four (4) circuit judges for the Seventh Circuit Court District. One (1) judge shall be elected from
each subdistrict.
(2) While there shall be no limitation whatsoever upon the powers and duties of the said judges, other than as cast
upon them by the Constitution and laws of this state, the court in the First Judicial District of Hinds County, in ti,e
discretion of the senior circuit judge, may be divided into civil and criminal divisions as a matter of
convenience, by the entry ofan order upon the minutes ofthe courL
Likewise, circuit judges primarily assigned to preside over criminal cases can substantially reduce any
backlog of criminal cases, help with relieving any overcrowding in the county's detention centers and
minimize the risk of term-to-term speedy trial violations. The undersigned has considered numerous
factors in designating the judges who will preside in each division, to include, but not limited to: (1)
the experience, background and training of each circuit judge; (2) the need for diversity in each
division; (3) the need for reorganization to fast tract civil and criminal cases left over by numerous
special judges; (4) the need for fairness in the apportionment of cases; (5) the need to comply with
constitutional mandates in stale criminal cases; (6) greater calendar flexibility and management in all
criminal and civil cases; and (7) the forthcoming and long-term implementation of an electronic filing
system in the management of cases in Hinds County Circuit Court.
SPLIT RANDOM ASSIGNMENT OF CASES
(A) The split random assignment for all civil cases will primarily be made to the circuit judges
presiding in the 1
5t
(Weill) and 3
rd
(Kidd) subdistricts. The split random assignment for all
criminal cases (except capital murder and death penalty cases), will primarily be made to the
circuit judges presiding in the 2
nd
(Green) and 4th (Gowan) subdistricts.
All capital murder and death penalty cases shall be randomly assigned to all four (4) circuit
judges of the District.
(B) Nothing in the herein order shall be construed as precluding the undersigned senior judge
from reassigning cases as necessitated by recusal, consolidation or transfer of cases to
promote the fair and equitable distribution of cases among the circuit judges. Moreover,
nothing within this order shall be construed as precluding any circuit judge from agreeing to
preside in a matter, or case, of a fellow circuit judge without regard to whether the case is
civil or criminal.
In order to assure timely resolution, all emergency writs, temporary restraining orders or
petitions for probable cause hearings shall be assigned to the senior judge for random
reassignment among the four (4) circuit judges or county judges pursuant to Section 9-9-35,
Mississippi Code Annotated (1972, as amended).
P"'GE 2.11
2
COMMENCEMENT AND TIME LINES
(C) Beginning August 1, 2012, all civil cases in the First Judicial District of Hinds County,
Mississippi shall be randomly assigned to the circuit judges of Subdistrict 1 (Weill) and
Subdistrict 3 (Kidd) of Hinds County, Mississippi, so that no discernible pattern of
assignment exists, and so that no person shall know to whom the case will be assigned until it
has been assigned. If an attorney or party shall attempt to manipulate or defeat the purpose of
this rule, the case shall be reassigned to the judge who would have otherwise received the
assignment. If the judge who would have received the case under an assignment in
compliance with this rule cannot be determined, a new assignment in compliance with this
rule shall be made, excluding the judge to whom it was incorrectly assigned. Sanctions,
including costs and attorneys' fees, may be imposed by the judge upon reassignment. Such
sanctions may also include suspension from practice in the court imposing them for not more
than 30 days and referral to the Bar for further discipline.
(D) Beginning August 1, 2012, all criminal cases in the First Judicial District of Hinds County,
Mississippi shall be randomly assigned to the circuit judges of Subdistricts 2 (Green) and 4
(Gowan) of Hinds County, Mississippi, so that no discernible pattern of assignment exists,
and so that no person shall know to whom the case will be assigned until it has been assigned.
Any prosecutor or attorney who shall attempt to manipulate or defeat the purpose of this rule
shall be subject to appropriate sanctions by the Court and referral to the Bar for further
discipline.
All capital murder and death penalty cases shall be randomly assigned to all four (4)
circuit judges. Each circuit judge in the civil division may retain on his or her docket any capital
murder or death penalty cases pending on the judge's docket as of August 1, 2012.
(E) Beginning August 1, 2012, all cases in the Second Judicial District in Hinds County,
Mississippi shall be assigned to the circuit judge elected from the Fourth (4th) Subdistrict
(Gowan) Hinds County, Mississippi.
(F) Beginning August 1, 2012, all criminal revocations shall be handled by the circuit judges
presiding over the assigned case in the criminal division (Green or Gowan). All petitions for
post-conviction relief shall be assigned to the circuit judge who acted (or whose predecessor
acted) as the presiding circuit judge in the disposition ofthe underlying criminal case.
(G) All civil and criminal cases that have not been disposed of as of as August 1, 2012 (except
capital murder and death penalty cases), shall be reassigned as follows:
1. All civil cases previously assigned to Judge Green shall be reassigned to Judge
Kidd.
All civil cases previously assigned to Judge Gowan shall be reassigned to Judge
Weill.
Pf1.G E. 21 '2
2. All criminal cases (except capital murder, death penalty and drug court cases)
previously assigned to Judge Kidd shall be reassigned to Judge Green.
All criminal cases (except capital murder and death penalty cases) previously
assigned to Judge Weill shall be reassigned to Judge Gowan.
3. All civil and criminal cases where a Special Judge is designated judge, or where
no judge is designated at all, shall be randomly reassigned to the circuit judges
in the appropriate division.
On or before July 1, 2012, the Circuit Clerk of the Seventh Circuit Court District of Hinds
County. Mississippi (the "Clerk"). in conjunction with the Hinds County Information
Technology Department ("IT Department"). shall present to the senior judge. for approval, a
system for randomly assigning all civil and criminal cases in accordance with this order.
Additionally, the Clerk, in conjunction with the IT Department, shall present for the senior
judge's approval, a plan for the transfer of all cases pending prior to August 1, 2012 into a
split civil and criminal division as herein specified.
The Clerk shall immediately distribute an attested copy of this Order to the following Hinds
County officials: IT Director (Steve Ottis), all county judges, all circuit judges of the Seventh
Circuit Court District, all chancery judges of the Fifth Chancery Districts, the District
Attorney (Robert Smith), the Public Defender (Michelle Purvis-Harris), each member of the
Board of Supervisors, the County Administrator (Carmen Davis), the Board Attorney (Crystal
Martin), the County Attorney (Sherry Flowers-Billups), the Clerk of the Mississippi Supreme
Court (Kathy Gillis), and the Chief Justice ofthe Supreme Court (Justice Bill Waller).
SO ORDERED AND ADJUDGED this the / ~ a y of April, 2012.
TOMIE T. GREEN
SENIOR CIRCUIT JUDGE
BOOK 77>,\
4