Jackson Free Press

Gov. Phil Bryant has filled both Mississippi Supreme Court vacancies, following the departure of Justices Randy Pierce and David Chandler. Former District 1 Court of Appeals Judge James Maxwell and tenth district chancellor Dawn Beam will join the state's highest court in the new year.

Chief Justice Bill Waller Jr. said in statement that Judge Maxwell's "energy and experience will serve the court and the citizens of the state well.” Waller expressed enthusiasm at Beam's arrival to the court. In a statement, he said Judge Beam has continued to go above standards in helping her court's district convert to an all electronic filing system. Beyond clerical duties, Waller said Beam "has tirelessly worked to resolve issues regarding placement and supervision of abused and neglected children.”

Judge Beam has been involved with her district's work to guarantee safe homes for all children and recently spoke at a community meeting in December praising the local Department of Human Services workers in Marion County for the changes they've made in their office--including upping personnel numbers. The increased personnel led to 160 children being removed from their homes due to court orders that cited deplorable living conditions or drug abuse at home.

Judge Maxwell was appointed to the district court by former Gov. Haley Barbour in 2009 and re-elected in 2014. He practiced civil law in Jackson and worked as an assistant U.S. attorney in the northern district of Mississippi.

The following is a verbatim statement from former Mississippi Gov. Haley Barbour:

Advocates of the proposed constitutional amendment known as Initiative 42 have twisted a passage in my 2007 State of the State address to mislead voters into believing I support their very harmful ballot measure. Not only am I against Initiative 42, I strongly urge all Mississippians to vote “against both” measures on the November ballot.

When I spoke to the Legislature in January 2007, our state had turned the corner in the Katrina recovery: The federal government had been extremely generous with disaster assistance legislation; state tax revenue had exploded as tens of thousands of homes had been rebuilt or repaired; casinos that year would have an all-time record gaming haul; all of which produced the highest state tax revenue in our 188-year history. Further, our country was in the sixth year of consistent economic growth and low unemployment.

Based on those facts I proposed record funding for our K-12 schools, a funding level that met the Mississippi Adequate Education Program (MAEP), as well as increased state funding for higher education. The money was there to spend at those levels, and everyone expected state revenue to increase in the coming years.

Yet the country began a deep recession in late 2007, which lasted nationally until mid-2009.
During the Great Recession, Mississippi’s general fund revenue came in $197.1 million or 1.67% below estimates in FY 2009 and a whopping $452 million or nearly 9.5% below estimates in FY 2010.

As Governor I had to reduce spending across the board in FY 2010 by 9.4% in order to meet our requirement of having a balanced budget. Consider the consequences if Initiative 42 had been the law at that time: Instead of all departments and agencies sharing in the 9.4% cut, K-12 (which absorbs about 40% of our state’s general fund budget) would have been exempt from cuts, and every other function of government – universities and community colleges, mental health facilities, and public safety – would have had to be cut nearly double, or approximately 18%.

As this recent history shows, Initiative 42 is terrible as a practical matter because it ties the Legislature’s hands and jeopardizes funding for other critical areas of state government.

It is also awful public policy because it totally eviscerates the constitutional system of separation of powers that has been fundamental to American government since 1789.

Initiative 42 would usurp the setting of K-12 education policy and budget, taking it away from the Legislature and Governor – elected by all Mississippi voters – and give it to the judicial branch; indeed, to one chancery judge, elected by one-fourth of the voters in Hinds County.

While advocates of judicial policymaking and budget setting say that one judge’s decisions would be appealable to the State Supreme Court, how is it a good idea to allow judges – elected for their judicial temperament, legal knowledge and ability to apply law to facts – …