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Chancery court judge will not block the state from appointing unelected judges

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Hinds County Chancery Judge Dewayne Thomas speaks to the parties involved at a hearing, Wednesday, May 10, 2023, in Hinds County Chancery Court in Jackson, Miss., where he heard arguments about a Mississippi law that would create a court system with judges who would be appointed rather than elected.
AP Photo/Rogelio V. Solis

A judge presiding over one of the many lawsuits against House Bill 1020 has ruled in favor of the state.

Lacey Alexander

Chancery court judge will not block the state from appointing unelected judges

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Hinds County Chancery Court Judge Dewayne Thomas has decided not to issue a preliminary injunction to block House Bill 1020. The motion, brought by three Jackson residents, held its first hearing last week, where Judge Thomas heard testimony from all three plaintiffs as well as arguments from those representing state officials. In his opinion, Thomas said the plaintiffs did not have enough evidence that House Bill 1020 was unconstitutional.

Cliff Johnson is the director of the MacArthur Justice Center and represents the plaintiffs. He says he and his team knew this case would go beyond the county court.

"We certainly think that we were correct on the law and he disagrees with us." he said. "Ultimately, that's a decision that will be made by the Mississippi Supreme Court as to as to whether Judge Thomas made the proper legal decision." 

In the same hearing, arguments were heard from both sides on if certain defendants were immune from being sued in their official capacities. Johnson said his team will be appealing all decisions made by Thomas.

"We'll be filing our notice of appeal first thing Tuesday morning," he said. "we'll ask the court for an expedited schedule so that we can move quickly to oral arguments on this case."

A U.S. District Court judge granted a motion in a different case last week issuing a temporary restraining order on the new law.