State Supreme Court rules Barbour’s pardons are valid
In its list of hand downs Thursday, the Mississippi Supreme Court upheld former Gov. Haley Barbour’s pardons.
The Court, split 6-3, ruled that it had no jurisdiction to review Barbour’s decision, because doing so would violate separation of powers.
“This case is about whether this Supreme Court has the right, authority, and power to declare itself superior to, and above, both the other two branches of government in all matters of constitutional compliance. While this Court clearly has the constitutional duty to interpret the content of laws passed by the Legislature and executive orders issued by the governor, we decline – as have so many other courts before us – to assume for ourselves the absolute power to police the other branches of government in fulfilling their constitutional duties to produce laws and executive orders, unless there is alleged a justiciable violation of a personal right,” Justice Jess Dickenson, writing for the majority, said in the opinion.
In all, Barbour issued 198 pardons, 26 of which applied to inmates who were incarcerated at the time. Some of those 26 received conditional clemency or were released to keep the state from having to pay their extensive medical bills. The others had already completed their sentences, and had been free in some cases for several years.
Attorney General Jim Hood argued that only two dozen or so of the pardoned had met the newspaper publication requirement, which required notice 30 days in advance that an inmate was seeking a gubernatorial pardon. He made that the centerpiece of his argument in January in front of Hinds County Circuit Judge Tomie Green, who issued an injunction temporarily invalidating the pardons, and in early February in front of all nine of the Supreme Court justices. Green’s injunction ordered those who were incarcerated to remain in custody until appeals were exhausted.
Hood concentrated on five inmates who served as trusties at the Governor’s Mansion during Barbour’s time there, all of whom had been convicted of murder. They had already been released from confinement by the time Green issued the injunction. Each was ordered to maintain regular contact with the Mississippi Department of Corrections while the appeals played out. One, Joseph Ozment, remained missing for several days before being found in Wyoming.