Jackson Free Press

Amid speculation that a city judge might vacate her spot on the bench, the Jackson City Council declined to confirm one of two men Mayor Tony Yarber nominated as municipal judges at a special city council meeting July 16.

The appointment of Bob Waller, who was a municipal court judge for 16 years until September 2013, stalled after his nomination failed to draw council support.

The main sticking point appeared to be a lack of clarity about the composition of the municipal bench. In recent days, media reports have fueled speculation that Judge June Hardwick, whom Mayor Chokwe Lumumba appointed last year, would resign or that Yarber would terminate her. Yarber ran in a special election this year to replace Lumumba and defeated his son in a runoff for the mayoral seat.

"I don't have the ability to fire anybody," Yarber told council members yesterday, responding to a line of questioning from Ward 2 Councilman Melvin Priester Jr., but added that he did expect one judge, whom he declined to name, to resign.

Hardwick this morning told the Jackson Free Press that she has not nor intends to step down from her position. Priester, who is also an attorney and serves as the council's vice president, said he was uncomfortable confirming Waller until there was more clarity about Hardwick's situation.

Mayoral spokeswoman Shelia Byrd did not respond to a request for comment from the administration before press time today.

Things have been tense between Hardwick, a former Hinds County public defender, and Yarber since May, when Hardwick set a $150,000 bond for a murder suspect that Yarber felt was too low. Yarber told WJTV at the time that he would consider removing judges who weren't tough enough on violent criminals.

"We intend on ensuring that if you sit in a municipal judge seat in this city then the expectation is that you will value the lives and the families of those people who are affected by violent crimes by setting a bond that is appropriate in terms of that crime," Yarber told WJTV, "and $150,000 bond for a life that was taken ... we're not tolerating that."

In that case, a 19-year-old named Wilber Clay was arrested for the Mother's Day shooting death of 29-year-old Ebony Hervey. Clay remains incarcerated at the Raymond Detention Center.

The Jackson city code briefly talks about the rules of judicial appointments—"at the time provided for the appointment of other officers, not more than three municipal judges shall be appointed by the mayor and confirmed by an affirmative vote of a majority of the council present and voting"—but also stops short of stating specific circumstances for removing them from the bench.

Earlier in the confirmation meeting, the five members in attendance—Ward 1 Councilman Quentin Whitwell and Ward 3 Councilwoman LaRita Cooper-Stokes were absent—unanimously confirmed Gerald Mumford, an attorney and Yarber's fraternity brother.

Mumford said he planned to be fair and impartial, and use alternatives to incarceration. Pressed on his philosophy about setting bonds, Mumford said he would abide by "Lee vs. Lawson," referring to a 1979 Mississippi State Supreme Court ruling that set forth a number of factors judges must consider when setting bail.

Mumford added that he would not bow to public or political pressure to set higher bond amounts for some defendants.

The council also confirmed three members of the Civil Service Commission. They are Arthur Sutton, Ester Stokes and Ron Walker.