(CN) — After Mississippi triggered a federal lawsuit over its new law that mandates the appointment of special judges and prosecutors in a majority-Black county, the U.S. government announced Wednesday that it will enter the fight.
The state Legislature created the separate court system for part of Jackson earlier this year with the passage of House Bill 2020. Local judges in Mississippi are traditionally elected, but the new court system relies largely on state appointments.
Called the Capitol Complex Improvement District Court, the system would be served by a state-appointed judge and state-appointed prosecutors. The bill also mandates the appointment of four new special circuit court judges to serve alongside the elected judges on the Hinds County Circuit Court, which has jurisdiction over Jackson.
The judges would be appointed by the chief justice of the state Supreme Court, a position given to the most senior of its nine judges. Mississippi has three districts that cover different portions of the state, and each district is represented on the state high court by three judges.
In a federal challenge this past April, the NAACP argued that the legislation discriminates against the residents of Jackson, where 79% of the roughly 149,000 residents are Black, and Hinds County, with a 70% Black population.
The Justice Department moved Wednesday to intervene in the case, saying the law represents a significant change to Hinds County's government and causes Black voters to be treated differently there than anywhere else in the state.
While state lawmakers pointed to backlogs as justification for the passage of HB 2020, the Justice Department says the problem is one of the state's own doing.
“For decades, the Mississippi Legislature has shortchanged Hinds County’s criminal justice system,” the complaint in intervention states. “This has strained the system and made it harder for local police, prosecutors, judges, and other officials to do their work effectively and efficiently.”
Assistant Attorney General Kristen Clarke called the state legislation a “thinly veiled state takeover ... intended to strip power, voice and resources away from Hinds County’s predominantly-Black electorate.”
“Our complaint alleges that Mississippi has violated the U.S. Constitution by creating a new, two-tiered system of justice — which erodes the authority of Black elected local officials and creates a new system to be led by judges and prosecutors hand-picked and appointed by state officials,” Clarke said in a press release.
The Justice Department argues that state offices are de facto unaccountable to Black voters, so their main connection to the justice system is through local elections. While Mississippi has a higher percentage of Black people than any other state, the complaint notes that no Black person has served in statewide office since Secretary of State James Hill from 1874 to 1878 during Reconstruction.
Most of the elected officials in Hinds County are Black, including the four circuit court judges, the district attorney, Jackson’s mayor and a majority of its City Council.
Mississippi Governor Tate Reeves quickly criticized the Justice Department’s move.
“Biden’s Department of Justice won’t prosecute Hunter Biden’s drug and gun crimes, but they will work to undermine the cops protecting the citizens of Jackson,” Reeves tweeted. “I stand on the side of safety for Jackson residents and law and order in our capital city.”
A separate lawsuit challenging the legislation is pending before the state Supreme Court, according to Mississippi Today.
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