Appeal of Judge Kidd's decision in the Westbrooks v. Bryant lawsuit going forward

An unknown member or members of the State Election Commission have filed an appeal of yesterday's ruling in Hinds County Circuit Court placing Latrice Westbrooks on the Court of Appeals ballot.  If I find out who appealed, get copies of their briefs, etc., I'll post them if I have time.  Here's the scheduling order, signed by Justice Carlson:

Here's Judge Kidd's Order in Latrice Westbrooks v. Phil Bryant, et al

Here's Judge Kidd's order.  As I said earlier, there's a mootness issue in here that adds to the difficult row the Election Commission members have to hoe.


09 17 12 Westbrooks Order

Clarion-Ledger covers Westbrooks residency decision

The Clarion-Ledger has a preliminary story up on Judge Winston Kidd's decision from earlier today reinstating Latrice Westbrooks to the ballot in the 2nd District Court of Appeals race.  Westbrooks told the Clarion-Ledger that she has signed a lease to move into the district, which should make any further litigation of the matter moot.

The lawyers in the audience will be familiar with mootness, which is the opposite of ripeness.  And ripeness is what we discussed earlier in the day....  Heck, I even touched on standing earlier.  Never thought I'd blog so much about justiciability in one day.

Congratulations to David McCarty, Ramel Cotton, and P.J. Lee on winning the hearing this morning before Judge Kidd.

BREAKING: Latrice Westbrooks ordered back on ballot

Hinds County Circuit Court Judge Winston Kidd has just ruled that Latrice Westbrooks' name be placed on the ballot for the Court of Appeals slot currently held by Judge E.J. Russell. His ruling overturns the decision of Gov. Phil Bryant, AG Jim Hood, and Secretary of State Delbert Hosemann, who make up the three-person State Election Commission.

No word yet on any appeal.

BREAKING - STATE ELECTION COMMISSION DISQUALIFIES COURT OF APPEALS CANDIDATE

This afternoon, the State Election Commission, comprised of Secretary of State Delbert Hosemann, Governor Phil Bryant, and a representative of Attorney General Jim Hood voted today 3-0 to not place Latrice Westbrooks on the ballot for the Second District Court of Appeals race. In that race, Westbrooks would face current Judge E.J. Russell, who was appointed by Governor Haley Barbour.

Staff for Secretary of State Delbert Hosemann argued to the Election Commission that the Mississippi Code requires a Court of Appeals judge to live in the district which they represent. The qualifications for a Court of Appeals judge are, according to Section 9-4-5(3), that a person be a practicing attorney over the age of 30 who has lived in the state and practiced law for not less than 5 years.

Other qualifications statutes regarding the judicial branch are similar. For instance, Chancery Court judges do not have to be residents of the subdistrict they represent, and neither do Circuit Court judges.

More on this to come, as I'm certain that a challenge will be forthcoming shortly.

Today's the day. Will there be any surprise filings in the appellate races?

Today at 5:00 pm is the filing deadline for attorneys hoping to join the Mississippi Supreme Court or the Court of Appeals. So far, there's been very little in terms of surprises. In fact, the only surprise came when Lydia Quarles opted out of the northern district race, which is now between Flip Phillips and Josiah Coleman.

It is quite possible that the incumbents won't draw opposition, but we'll find out this evening for sure. Watch this space.