‘Designed to Undermine’: DOJ Joins Fight Against Mississippi Bill That Allows State to Take Over Majority-Black County’s Justice System, Deems It ‘Racially Discriminatory’

The U.S. Department of Justice lodged a complaint in federal court on Wednesday, labeling a Mississippi bill that allows the state to appoint judges in a mostly Black county in the state as “racially discriminatory.” 

According to U.S. Assistant Attorney General Kristen Clarke, House Bill 1020 undermines the authority of Black elected officials and establishes a two-tiered system of justice in Hinds County. DOJ officials argue that it violates the U.S. Constitution.

Mississippi's Republican Gov. Slams 'Cries of Racism' After Signing Law to Allow State Police to Patrol Majority-Black City, NAACP Claps Back with Lawsuit
Mississippi Gov. Tate Reeves (left), and NAACP president and CEO Derrick Johnson (right). (Photos: Getty Images/Twitter/Derrick Johnson)

“H.B. 1020 intentionally discriminates against minority voters in Hinds County by creating a system of judicial and prosecutorial appointments specifically designed to undermine the historical power of Black residents, through their elected officials, to self-govern,” the complaint says.

Under the law, Mississippi Supreme Court Chief Justice Michael K. Randolph, who is white, would have the authority to appoint unelected judges in majority-Black Hinds County, where Jackson, the state capital, is situated. 

The bill mandates the appointment of four judges to serve in the Hinds County Circuit Court until 2026, as well as a permanent municipal judge in the Capitol Complex Improvement District. 

Mississippi Attorney General Lynn Fitch, also white, would appoint two special prosecutors for the new CCID court.

While legislative leaders argued that the bill aims to enhance public safety and combat crime in Jackson, opponents of the bill contend that it would diminish the power of locally elected circuit court judges, who are predominantly Black, and undermine the influence of Black voters in Hinds County. The county’s population is 70 percent Black, and the city of Jackson is 80 percent Black, according to the court document.

“This thinly-veiled state takeover is intended to strip power, voice and resources away from Hinds County’s predominantly-Black electorate, singling out the majority Black Hinds County for adverse treatment imposed on no other voters in the State of Mississippi,” Clarke said. 

By filing the complaint, the Justice Department seeks to intervene in a federal court case led by the NAACP, which is being heard in the U.S. District Court for the Southern District of Mississippi. The Mississippi Supreme Court has also considered a separate state-level case regarding HB 1020, but a decision has yet to be reached.

According to the Justice Department’s complaint, the Mississippi Legislature has neglected the justice system in Hinds County for decades by failing to provide the necessary resources, funding, and personnel. This neglect has strained the system and hindered the effectiveness and efficiency of local law enforcement, prosecutors, judges, and other officials. 

“Instead of addressing this situation by providing needed support for prosecutors and judges— and police managed by Black officials, the State has compounded the problem,” the complaint says. “It has singled out Hinds County as the only place in Mississippi whose residents are subject to new special judges and prosecutors appointed by White statewide officers whom, because of racially polarized voting, they cannot hold democratically accountable.”

The complaint alleges that the special appointments outlined in the bill violate the equal protection clause of the 14th Amendment.

The bill was introduced by white state Rep. Trey Lamar, a Republican, in January. Lamar argued that Jackson is the state’s capital city and didn’t belong just to its residents.

“Do we not want our best and brightest sitting in judgment, whether that may come from Holmes County or Madison County or wherever they may be? Why would we limit the talent pool to here?” Lamar said during debate over the bill in February.

Gov. Tate Reeves signed the bill into law on April 21 after which many critics predicted it would face legal challenges.

NAACP President Derrick Johnson, a Mississippi native, expressed hope that the case would yield a positive outcome as he welcomed DOJ’s support.  

“When our state leaders fail those they are supposed to serve, it is only right that the federal government steps in to ensure that justice is delivered,” Johnson said. “The NAACP is proud to have led the charge in holding Gov. Reeves and the legislators who advanced these bills accountable for their attempts to undermine democracy and silence the voices of Black Mississippians. This fight is far from over, and with the Department of Justice moving to join us, we are more hopeful than ever that this case will result in a positive outcome for Jackson.”

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