Jackson Free Press

By taking a plea last week on three gun charges, Mayor Frank Melton ducked a felony conviction that would have forced him to give up his position as mayor, but a provision in the state's constitution indicates that even those misdemeanors might be sufficient to cost the mayor his job.

The Jackson Free Press broke the news online last Wednesday that Article 6, Section 175, entitled "Liability and Punishment of Public Officers," reads: "[A]ll public officers, for willful neglect of duty or misdemeanor in office, shall be liable to presentment or indictment by a grand jury; and, upon conviction, shall be removed from office, and otherwise punished as may be prescribed by law."

Also, Section 4053 of the Mississippi Code, which covers removals from office, states: "If any public officers, state, district, county, or municipal, shall be convicted of misconduct or misdemeanor in office, or of any felony ... the court, in addition to such other punishment as may be prescribed, shall adjudge the defendant removed from office, and the office of the defendant shall thereby become vacant."

That section instructs the trial judge to remove the official from office as part of other punishments.

Both Section 4053 and Article 6 are "self-executing," according to the Mississippi Supreme Court—meaning that such a removal should happen automatically. But ordinary citizens also may take action to remove a public officer guilty of a misdemeanor by going to Hinds County Circuit Court and filing a quo warranto action pursuant to section 11-39-1 of the Mississippi Code.

If Melton is removed from office, he cedes all rights to the office of mayor even if he contests his conviction through appeals, according to a 1982 Missississippi Supreme Court decision, Cumbest v. Commissioners of Elections of Jackson County.

Melton attorney Dale Danks played down the threat of Article 6 last Thursday, telling The Clarion-Ledger, "If that were the case, any elected official who ran a stop sign or pled guilty to fishing without a license would have to resign." Danks did not return calls from the Jackson Free Press.

Danks insisted that Article 6 applies only to crimes that show a neglect of duty and hat Melton's gun crimes do not rise to that level.

It is wrong to suggest that there is no middle ground between traffic tickets and felonies, however. Clearly, no one—and more to the point, no court—would remove a mayor for running a stop sign.

Melton's crimes, on the other hand, were committed during regular business hours, when Melton was acting as mayor, guarded by Jackson Police Department bodyguards. Melton has long indicated that strapping on guns and "fighting crime" is his primary duty as mayor and what people elected him to do.

Moreover, Melton's indictment by a grand jury—which would never happen for fishing infractions—came after stern, direct warnings from the attorney general, who warned Melton that he "will be prosecuted" if he continued violating state law.

Part of the fog surrounding Article 6 is the word "misdemeanor," which was used more generally in the past than the strict class of crimes we refer to with the word today. Just as President Bill Clinton may have committed an impeachable "misdemeanor" by lying about sex with Monica Lewinsky—the House impeached Clinton, but the Senate refused to remove him from office—Melton may have pled guilty to a "misdemeanor" that could cost him his job.

Only the courts can decide.

Hinds County District Attorney Faye Peterson had no comment on any plans to pursue legal action based on the clause, but she said that Article 6, Section 175 holds less weight than the law that removes convicted felons from office.

Attorney General Jim Hood said his office had no plans to pursue Melton's removal since his conviction on gun crimes last week, leaving Melton on probation and under the supervision of Judge Tomie Green.

"Removal from office was not a part of our plea offer," Hood said, adding that "our office is prohibited from opining on matters before a court."

At the time of Melton's indictment, however, Hood said that any plea would "absolutely" require Melton's removal from office. Now, Hood says that Melton will not need to be removed from office so long as he stays within the constraints of the law. Hood believes Melton will be less reckless with Judge Green's probation hanging over his head.

"I believe Judge Green will be monitoring Melton's behavior carefully," Hood told reporters Wednesday.

Still, even if the attorney general or the district attorney is unwilling to press for Melton's immediate removal, the constitutional provision seems to open the door to a private citizen willing to address the issue.

Hinds County Circuit Clerk Barbara Dunn says she has never seen such a motion.

"Honestly, if somebody came down to try to file something like that in circuit court, I don't think I'd know where to send them," Dunn said. "We've never had that happen before."

Previous Comments

ID

67105

Comment

The question is not "Can Melton be Removed?" The question is "Will Our Broken System of "Justice" Remove him? As I have said so many times on other threads, Melton is a broker and the voice of the community power structure as it impacts Black folks. He can hold on to this position until he steps out of liNE with "THE POWERS THAT BE." He can remain in the position as long as he continues to destroy the positive image, the aspirations and the economic progress of the Black community. The City of Jackson is filled with wonderful people; however, the nation sees one man - one stupid man- amplifying, glorifying, emphasizing the criminal element which has grown considerably under his watch. In fact, he has added to this national perception of Jackson because he, too, is now a convicted criminal. What a MESS! If melton were actively doing things to promote African-Americans economically, he would have been forced out of office pronto! Johnson would not have lasted a day with just one misdemeanor. Frank Melton's list is long with negatives against the Black community: No affirmative action, No unions, No Crime Prevention Units, No voice for the Chief of Police, No room for the African American Fire Cheif, No respect for African America business owners, No respect for the Historic value of Farish St., No respect for Civil Rights of African Americans, No push for Farish Street since the rappers could not take over the Alamo, as promised. (Just to mention a few)

Author

justjess

Date

2006-11-22T16:07:25-06:00

ID

67106

Comment

Well said, justjess. I agree completely. Melton can be removed, but he probably will not be removed by the people who control the process. Cheers, TH

Author

Tom Head

Date

2006-11-22T16:25:45-06:00

ID

67107

Comment

Two things this site STAYS obsessed with...Frank Melton and the Clarion-Ledger. Seems there is more going on in this city that these two "issues".

Author

Blueblood

Date

2006-11-22T16:57:30-06:00

ID

67108

Comment

Well, Blueblood, if that's all you see here, I'd say you're the one who is obsessed with those issues—blinding you to all the other discussions. That's fine. None of my business. (Hint: Complaining about us discussing those two very vital issues for the city won't stop us as others before you have seen. So don't waste your energy here.)

Author

DonnaLadd

Date

2006-11-22T17:14:04-06:00

ID

67109

Comment

Also, Blueblood, your IP address gives you up. Come on: Either go back to using your real name, or don't come here and play games. I do understand that it's hard to stay away, but this is beneath you.

Author

DonnaLadd

Date

2006-11-22T17:32:24-06:00

ID

67110

Comment

Trolls be with me, trolls within me, Trolls behind me, trolls before me, Trolls beside me, trolls to win me, Trolls to comfort and restore me, Trolls beneath me, trolls above me, Trolls in quiet, trolls in danger, Trolls in hearts of all that love me, Trolls in mouth of friend and stranger.* Cheers, TH * Extra points for anyone who knows where the heck that came from.

Author

Tom Head

Date

2006-11-22T18:08:59-06:00

ID

67111

Comment

Y'all, don't be so hard on ol' Blueblood...I know our site's organization can be confusing to some. Blueblood...check this story out -- it's not, about the C-L or Frank -- it's about the City Council, but it's kinda buried: http://www.jacksonfreepress.com/comments.php?id=11645_0_4_0_C And this one from PublicEye last week...this one is a good story, too... http://www.jacksonfreepress.com/comments.php?id=11449_0_63_0_C Happy Turkey Day! ;-)

Author

Todd Stauffer

Date

2006-11-22T18:20:07-06:00

ID

67112

Comment

Ah. Ha. Cheers, TH

Author

Tom Head

Date

2006-11-22T18:36:30-06:00

ID

67113

Comment

With all due respect, you don't know WHO I AM. Total bullsh!t. (And WHY would you check anyway?) I am at a friend if my Dad's studying for exams and used his computer on break. GEEZ. You actually LOOK people up that say things you don't like????

Author

Blueblood

Date

2006-11-22T18:57:19-06:00

ID

67114

Comment

Cuz darlin', when someone comes on here clearly just to attack, rather than to participate in conversation by adding something new, I look and make sure they're not one of our banished trolls trying to sneak back in under a different e-mail address. They often are, although not quite the case here. You/your Dad's friend have not been suspended. The owners of this site have, and use, the right to patrol it as we see fit. That's why it's such a great site with good dialogue from all sorts of folks. So don't bother whining about that, either. Happy Thanksgiving! And say hey to your dad's friend for me. Tell him I miss him.

Author

DonnaLadd

Date

2006-11-22T19:15:03-06:00

ID

67115

Comment

My advice to you Blueblood is "Don't go to a gunfight with a kinfe". You are way out of your league here. Melton is losing support faster than the Fall leaves are falling from the trees. I predict that Melton will step down because he knows that there a many people that are not afraid to petition for him to be removed from office. Especially me! It appears that the powers that be (AG) is STILL extending a professional courtsey to this idiot at the expense of the taxpayers. Melton is all over the national news about how pigheaded he is when it comes to listening to logical reasoning. This has tarnished the city's image. Melton's time has come and gone. It's my opinion that a person should leave when they are at the top of their game, not when they are trying to save face because the only thing that will be remembered of you is your last impression.

Author

lance

Date

2006-11-27T15:16:06-06:00

ID

67116

Comment

Tom..... it's that Eucharistic Chant "Christ Within Me" "Christ Beside Me"....that thing....it's cool,,,,Nice parody. But....kinda made me feel creepy when I said it in Church, like I couldn't get away with anything in church (like fantasize about every cute man in there in a suit, and some robes)....when I was saying it. But "Better not shout" "better not cry" better not pout"....Iz tellin youz why....is the same thing......it's that inherent guilt thing.....we all have and all aspects of culture have learned to feed on it......do I win the prize?.......

Author

ATLExile

Date

2006-11-27T22:20:26-06:00