Jackson Free Press

Today, Judge Green filed a motion with the Mississippi Supreme Court asking the court to sanction Melton's defense attorneys (PDF, 114 KB) for accusing her of a crime "without just cause."

Green begins by acknowledging that the Supreme Court tranferred the Melton case from her court.

"However, the Court failed to address the trial court's request for sanctions," Green wrote, "for the attorneys falsely alleging the trial judge had committed a crime by tampering, stealing/larceny or fraudulently withdrawing my order from the circuit clerk's file. ... Does the Supreme Court intend to address this issue of judicial disrespect to this trial court or does the Supreme Court wish to leave the sanctions to the undersigned trial court?"

Green then reiterates that she was following the clerk's instructions for how to substitute her decision. She says that defense attorneys never asked her why she had replaced her original order with another.

"There was no attempt by this court to avoid the Supreme Court's jurisdiction, nor was the trial judge acting in bad faith toward Defendant Melton," Green wrote. "Yet, the attorneys had already filed criminal charges with the Supreme Court knowing well that their criminal claims would be broadcast statewide by the media. The attorneys were also aware of the practice of the Supreme Court of withdrawing and substituting opinions or orders."

"This trial judge deserves the same respect as judges and justices in the above cited cases," Green concludes. "The court is not aware of any special priveleges that protect the attorneys who made these outlandish claims. If the court fails to address this issue, it will leave the public, and members of the bar with the belief that the trial court's recusal may have some how been based on the criminal acts as alleged by Defendant's attorneys."

Previous Commentsshow

I got to leave for the rest of the week. However, I find this quite interesting and I can't wait to see what the Supremes do.

Ray Carter

Mar 14 2007

The public deserves an explanation of the SC's actions. Danks used the "scorched earth" method for his client, and I think its only fair that he reaps what he sowed.

GLewis

Mar 14 2007

I agree on the explanation, GLewis. The Supreme Court is being irresponsible if they just leave it up in the air which of Danks' complaints about Green they agreed with. By not ruling specifically on his claim that she committed a crime, they are leaving that hanging out there. Did she, or didn't she? If she did, she needs to be treated as a criminal. If she didn't, they need to pull it off the table and clear the air. You can certainly see why Graves and Diaz dissented. They're smart men; they wouldn't want their names attached to such a boondoggle, I presume. The way the Supreme Court, and now Webster, are handling Melton and Green is certainly raising a whole new level of questions. If I were them, I'd be a tad worried about the appearance of bias as well. If they don't want people to think they're biased in favor of Melton, they need to explain their actions. If they don't explain these decisions, how can they expect people to have faith in their decisions? As for Webster, how was it not a violation of probation (not to mention house arrest) for him to go to the Upper Level in a fake badge that night without ample notice or approval from his probation officer?

DonnaLadd

Mar 14 2007

There is no transparency at all in the SC's actions and those looking for a "conspiracy" are able to find plenty of evidence, the integrity of our judicial system which hasn't been in very good shape is further degraded by the actions of a few in the judiciary over the past week. Judge Green on the other hand seems to exhibit openess, fairness, and a passion for the truth, which our other judges should see fit to emulate.

GLewis

Mar 14 2007

Again, I applaud Judge Green for standing up for herself. She has to protect her own image and reputation since it appears so many other who should care do not. In my opinion, it's monumentally wrong how this judge has been made to appear without any explanation, affinity or respect for the mutual role that all judges have to play, secrecy or common respect.

Ray Carter

Mar 14 2007

Way to go, Judge Green! There are times when being quiet is appropriate and there are times when being assertive and speaking up is appropriate. As a poster on another thread stated: SCREAM GREEN, SCREAM!

JenniferGriffin

Mar 14 2007

"You can certainly see why Graves and Diaz dissented. They're smart men; they wouldn't want their names attached to such a boondoggle, I presume." As I read the documents, Graves and Diaz only dissented on vacating the arrest warrant, not dismissing judge green. i believe that desicion was unanimous. i could be wrong though, but go back and check the documents. And as for Judge Webster -- this must be a very precarious and difficult position for him. I've heard he has a reputation for being fair. This thing has been a circus from the beginning. perhaps he is just trying to keep things calm until the next trial. i see people calling on him to do the 'right thing' and put melton in jail, but how putting melton in jail now and the resulting circus would affect melton's upcoming trial? the 'right thing' is not quite that simple -- i have full faith that judge webster is not being paid off or is on melton's team -- as suggested by pikersam on another thread -- (a slanderous comment by the way?). he is probably trying his best to keep this circus under control and create an legal environment conducive to having a smooth trial in April.

djames

Mar 14 2007

Actually, I think you're right, djames. I remember seeing that somewhere. That's kind of interesting, isn't it? If you thought she was biased, why would you allow the warrant to stand? And in that case, they need to be pressured to explain the ruling about her as well. perhaps he is just trying to keep things calm until the next trial. I think that is a distinct possibility. I've had judicially smart people say to me that they thought Melton is worse off with a judge like Webster. However, even if that's the case, it doesn't help explain why seemingly blatant parole/house arrests violations get such a public pass from him. Also, I'm a bit curious about where the line is drawn between "technical" and, er, real probation violations? Is it typical for judges to reject the findings of probations officers in such a way? I've long heard that judges are where many of the real problems in our state's criminal-justice system lie ... the events of the last week or so don't convince me otherwise.

DonnaLadd

Mar 14 2007

perhaps he is just trying to keep things calm until the next trial. - djames I'm trying to understand your statement and hope you can explain further. How does violating probation and remaining free keep things calm?

JenniferGriffin

Mar 14 2007

... and Jennifer's question is a very good one. I think that's what I was trying to get to in a much less succinct fashion.

DonnaLadd

Mar 14 2007

Maybe the "circus" is additional charges of criminal behavior filed on the part of the Mayor's attorneys against a special appointed judge..and of course, the Mayor, as Ray points out, remaining quite sick throughout the legal challenges. Just how would the MSSC rule then? There is more to this than we know and I get the feeling that some of it is bubbling to the top and it's quite ugly.

JenniferGriffin

Mar 14 2007

I feel you, Jennifer. It rather feels like the peeling away of the layers of a stinky onion, eh?

DonnaLadd

Mar 14 2007

Excuse me djames (I know what I think the "d" stands for!), before you start throwing around "slander" accusations you need to get your facts straight. Here is the post where someone, other than me, said the judge was paid off: Here come the crap.... Frank has already paid off the new judge ... Posted by: angiebee on Mar 14, 07 | 10:10 am Check your facts djames! "angiebee" and pikersam" are not even close in spelling, much less sex. Have I said, "the fix is in?" Yes, many times. So, has Kim Wade, so have other people. People say the JFP worked in cahoots with campaigns in town; which was patently untrue. But, what I, and others, say when we think justice will not prevail is not like saying the Judge is being paid off. Get your crap straight, link, and quote, before you hurl accusations at me. I'll be awaiting my apology soon. Second, you say: I've heard he has a reputation for being fair. This thing has been a circus from the beginning. perhaps he is just trying to keep things calm until the next trial. djames So, allowing Melton to violate parole when any number of other criminals are picked up everyday for the same thing is OK? They sit in jail until their revocation hear can be held. But, not Melton. Most folks can't afford to hideout at the hospital while they pay a high dollar attorney to keep them out of jail appealing to the MSSC every other day. So, the precedent being set here is dangerous. How does this "help" with the trial in April? How does it keep things calm? I think his violation now speak volumes for the April case. The jury should know that this man cannot even follow the simple terms of his parole, much less control his violent actions - as demonstrated on the Ridgeway house. Good behavior means something. But, he and his mentees continue to thumb their noses at the law and the legal system.

pikersam

Mar 14 2007

I missed the "slanderous" part, by the way, both by djames and whoever the other poster is. I suspect angiebee, whoever that is, is being a bit hyperbolic; however, that is inappropriate, and I'll delete it. Meantime, djames, careful not to accuse the wrong person. Not the way to ingratiate yourself with the other conversants. ;-)

DonnaLadd

Mar 14 2007

Why can't Judge Green use a consistent font in her document? It's a minor thing, certainly, but all of the things I've seen the JFP post from her office seem to have a number of minor, easily noticeable, errors. It would seem safe to assume that if such minor errors slip by in her office, that the larger errors are not too far away. Is she trying to bolster her "I sent the wrong document to the clerk" defense?

APK

Mar 14 2007

I agree, the circus seems to be under Danks and Melton's tent. It is a misnomer to think that because the media wants to extensively cover this story that it is a "circus." Ben Allen is guilty of the same thing in the past with Melton. Hello, our mayor is overstepping his authority and breaking laws in the process. The circus was created by Melton. Melton began his circus by firing the COPS police staff, rejecting free money from UMC for fire protection, and then he snowballed everything he's done since into nothing but indictments and negative coverage for the City. The thought that somehow we should ignore this "circus" less we to be called "circus performers" is ludicrous. The man is mayor of our City. These transgressions should not pass. Turning you head is what allows children to be abused by family and friends. Turning your head is what keeps a neighbor from calling the cops when they hear the man next door beating his wife. Turning your head has never been for the better when it comes to those who want to break the law.

pikersam

Mar 14 2007

Green has no foot to stand on in this matter. Ask around the courthouse-- no one wants to go before her. Ask them why.

Willezurmacht

Mar 14 2007

It would seem safe to assume that if such minor errors slip by in her office, that the larger errors are not too far away. APK, we've noticed her typos, too, and people here commented on them today. However, someone pointed out that Haley Barbour's press release today spelled "governor" wrong, I think it was, and the FBI press release yesterday about the sex offender in Madison gave AG Gonzalez the *wrong* first name. (Funny: I didn't think awful things could happen in Madison, but that's an aside.) So if your assumption about easily noticeable mistakes is true, we're really up the creek.

DonnaLadd

Mar 14 2007

And Pike—calling this mess a "media circus" is truly disingenuous no matter who says it. This is a circus created by Frank Melton. He owns it. Too bad he and his apologists won't take responsibility for it.

DonnaLadd

Mar 14 2007

Wille, I am seeing now where Judge Green seems to have made errors in the past and may not be the best judge. Were not all legal eagles, like kingfish ;-( But, her character was impugned by the Melton legal team. I do think sanctions should be seriously looked at against Danks. If they think she did something criminal, then they should file charges - not just write a letter and get it in the press that she may have committed a larceny. That is cheap and low. But, what do you expect from an attorney that turned his back on the City he once led; and, began suing it left and right building a fortune off the backs of the local taxpayers. That's love I tell ya!

pikersam

Mar 14 2007

If they think she did something criminal, then they should file charges - not just write a letter and get it in the press that she may have committed a larceny. That is cheap and low. Speak, Pike. That is exactly right. It's really lowdown to put out that she committed a crime in this case and then the Court make a ruling that makes it sound like she might have. And I believe the legal-heads here would agree that what we're talking about is this instance and what she did—not all the innuendo flying around the courthouse. It's really started to sound like folks are talking up her judge robes. It must REALLY suck to be a black woman in a position of power to challenge some of the good ole boys in this state.

DonnaLadd

Mar 14 2007

"And Pike—calling this mess a "media circus" is truly disingenuous no matter who says it. This is a circus created by Frank Melton. He owns it. Too bad he and his apologists won't take responsibility for it." Yes Frank's actions are certainly the cause of all of this madness but you would have to admit that the media certainly benefits from events like this, just like they benefit from the Anna Nicole baby affair. As well, even though Frank started all of this the DAs office, the AGs office, the city council, Judge Green & Webster & the Supreme Court have all had their share of foulups in this fiasco.

snowjob

Mar 14 2007

It must REALLY suck to be a black woman in a position of power to challenge some of the good ole boys in this state. - Ladd YES! But from what I hear from others, it's not just black women, but other black judges across the state. This is why I really hope the Magnolia Bar Association and Commission on Judicial Performance are watching. There is much more to this, Donna...and the ugly part isn't just a stinky onion...much deeper than that.

JenniferGriffin

Mar 14 2007

People like to say that the media "benefit." I guess it depends on how you look at it. Certainly, the credibility of the JFP has grown through this mess due to our willingness to report the truth about Melton throughout. However, my people are exhausted and frustrated that he steals so much of our time and energy (not to mention the city's). And there are many stories we can't to as fast because we have such an attention-hungry mayor. And Jennifer, you get no argument from me. I just will never forget Melton holding a press conference so that Chris Walker could accuse the district attorney of being some kind of ... I don't even want to say it. My heart hurt for this state and what we've been through to see that man try to do that to that woman—regardless of anything else one thinks of either one of them. It is so easy to see the problems throughout our judiciary and criminal-justice system and then see how certain people use it to their advantage. I know it's deep. No wonder the state is still on the bottom. And I'll leave it there.

DonnaLadd

Mar 14 2007

The Melton circus is certainly interesting to talk about at work and everyone has an opinion. As to the "black female" judge thing, that sorta reminds me of the OJ Simpson case, where black/white got brought into the equation somehow, but in the end it was a rich defendant that got off-and is really a horrible potrait of the current racial relationship in this country. Injustice can happen to anybody, in this case the "victim" happens to be a black judge, who is also female, but the enabler is a black defendant, which really cancels the racist angle. I think we should be real careful about putting any racist overtones into this debate, but pay attention to how the attorneys on either side use that to their advantage.

GLewis

Mar 14 2007

Uh, GLewis, in the OJ Simpson case, it got brought into the equation because the investigating officer was an admitted white supremacist. That rather opened it up from there and gave the attorneys the ability to use that fact to get a likely guilty man off. It is also true that the strategy worked because our criminal-justice system has been so bad to and for African Americans. Those are simply facts, so there is no "somehow" to it. If you care about these things, you go back to the roots. I think we need to be very careful about not giving lingering racism a pass in this debate, even as we pay attention to how the attorneys on either side use that to their advantage.

DonnaLadd

Mar 14 2007

I sincerely hope they are sanctioned. I pray that they do. If they don't, it will play into the already brought up "I'm black and get treated differently than whites" comments. I bet they don't do a damn thing, but I pray they do. PLEASE, TREAT EVERYONE THE SAME. That goes for the current Mayor, and the former Mayor. I swear to God and Country.... If I'm ever elected DA, Judge, or whatever... Race will not matter one iota.

LawClerk

Mar 14 2007

pikersam -- perhaps the slander accusation went a little too far but certainly saying "the fix is in" does not imply that you have any faith in the judicial system. yes, the judicial system does make mistakes, but i have to believe that it does more right than it does wrong, and i am willing to give judge webster the benifit of the doubt for now -- he is seemingly well respected in the legal community. what i meant by "keeping things calm" was that yes, melton and his attorney's are largely to blame for this 'circus' but that judge webster might be handling this matter with kid gloves so as to seem completely unbiased until the trial in April rolls around. Melton spent a night in jail, and it seems judge webster thought that this was enough punnishment for whatever happened in green's court. it seems from the document that he is starting with a blank slate -- his comment about 'probation violations that may or may not have happened' seems to say everything starts over now -- that perhaps he didn't get a chance to weigh the evidence for those events--but that certainly if new violations are reported by the probation officer, he will weigh the evidence for those in turn. i have faith in the courts and in a jury of my peers that they will do the right thing by Frank Melton, whatever that may be.

djames

Mar 15 2007

Cool, dj. Unfortunately, I am losing faith in the judicial system as it pertains to Melton in particular. We have people blogging and talking around town that are from legal backgrounds who say both sides (MSSC / Green) are right. Legal minds find law that supports both sides. The fact is others on parole are thrown in jail everyday for minor parole violations. Fairness seems like an ideal in this case. They have video of Melton wearing a badge going on a police raid as proof that he did violate parole and bond terms. Who cares if it was 1am? Also, the AG told him to stop portraying a law enforcement officer. That isn't part of any deal, that is the law. I really don't think they should have pressed the TX surgery stay as a violation. However, Melton has plenty of handlers that can contact the parole officer, including his WIFE in TX, once the procedure became more serious. He stayed overnight with young children even though he is not supposed to be around young children. The mom may not have cared; but, parents still sent their kids to Michael Jackson's house too. So, I guess it's OK! Everyone of these events is documented with TV and print media stories. Why is the fix in? Because certain leaders in MS, which I now believe must include Haley and elitist judges, don't think we should care about some crackhouse in the hood. They are glad Melton tore it up! Who isn't frustrated with drugs in the inner city! Damn good thing they say! He should have torn up the block! Just some schizo smoking dope in there. Jesus! Melton is solving the problem his way. Nothing to see here folks. The MSSC has it under control. But, the facts don't support what I wrote above. Melton went on that night to commit more crimes at the Upper Level. It wasn't long ago that our state leaders, and the MSSC, thought it was a sin to shop on Sundays. It wasn't long ago that our leaders, and the MSSC, supported laws that kept black folks from having an equal footing in our society. Currently, we have leaders, and a MSSC, that are willing to limit a womans right to choice. Heck, they won't even allow you to choose how you want to pleasure yourself in our State. So, if you don't think that they can "judge" with the prior paragraph guiding them, you have a bit too much faith in the judicial system. BTW: If you want to know who carries the gun in Melton's posse, it is probably one Mr. Marcus Ward. Not only do we pay him $70,000 to carry the mayor's water, we've trained him to be a new JPD Reserve Police Officer. Congrats Marcus! We are safer now!

pikersam

Mar 15 2007