IN THE SUPREME COURT OF MISSISSIPPI

Transcription

1 E-Fled Document Sep :43: EC SCT Pages: 31 N THE SUPREME COURT OF MSSSSPP 2016-EC SCT TUNCA COUNTY DEMOCRATC EXECUTVE COMMTTEE APPELLANT vs. VS. CRAG JONES APPELLEE ON APPEAL FROM THE CRCUT COBRT COURT OF TUNCA COUNTY, MSSSSPP ORAL ARGUMENT NOT REQUESTED BREF OF APPELLANT James K. Lttleton, Esq. Attorney For Tunca County DemocratcExecutve Commttee, Appellant 402 E. Market Street P. 0. O. Box 1155 Greenwood, MS Telephone NO.: (662) E-MAL: lttletonlawoffce@yahoo.com

2 N THE SUPREME COURT OF MSSSSPP 2016-EC SCT TUNCA COUNTY DEMOCRATC EXECUTVE COM\.1TTEE APPELLANT vs. CRAG JONES APPELLEE CERTFCATE OF NTERESTED PERSONS The undersgned, Tunca County Democratc Executve Commttee, Appellant, certfes that the followng persons have an nterest n the outcome of ths case. These representatons are made n order that the Justces of ths Court may evaluate possble dsqualfcaton or recusal: 1. Tunca County Democratc Executve Commttee, whch s comprsed of the followng executve commttee members, Mldred Conley, Ayanna N. Hawkns, Dolle Hudson, Joseph Maples, P. 0. Box 2424, Tunca, MS, Rev. McKnley Daley, Democratc Canddate for Tunca County Supervsor Beat 5 n 2015 Tunca County Democratc Prmary Electon. 3. Crag Jones, :fled Petton For Revew attemptng to be placed on ballot for Tunca County Supervsor Beat 5 n Wllam Pegrem, ndependent Canddate for Tunca County Supervsor Beat 5.

3 5. The Honorable, Hon. Henry Lackey, Senor Status Judge, P. 0. Drawer T,Calhoun, MS Charles B. Graves, Attorney For Appellee/Crag Jones, P. 0. Box 1413, Tunca, MS Jame F. Jacks, Attorney for Appellee/ntervener/Wllam Pegrem, P. 0. Box 1209, Cleveland, MS Wlle Grffn, former attorney for Tunca County Democratc Executve Commttee, P. 0. Box 189, Greenvlle, MS Kenneth J. Grsby, for attorney for Tunca County Democratc Executve Commttee, 310 Edgewood Terrace Drve, Sute B, Jackson, MS James K. Lttleton, Attorney for Appellant/Tunca County Democratc Executve Commttee, P. 0. Box 1155, Greenwood, MS Wtness My Sgnature, ths the day of September, James K. Lttleton, Esq. Attorney For Tunca County DEC, Appellant

4 STATEMENT REGARDNG ORAL ARGUMENT Appellant states that the facts and legal arguments are adequately presented n the brefs and record such that the decsonal process would not be sgnfcantly aded by oral argument. f, however, the Court determnes that oral argument wll be helpful, Appellant welcomes the opportunty to attend and partcpate.

5 TABLE OF CONTENTS 1. CERTFCATE OF NTERESTED PERSONS..., 2. STATEMENT REGARDNG ORAL ARGUMENT TABLE OF CONTENTS... v 4. TABLE OF AUTHORTES... v 5. OTHER AUTHORTES... v 6. STATEMENT OF THE SSUES STATEMENT OF THE CASE COURSE OF PROCEEDNGS AND PERTNENT FACTS SUMMARY OF THE ARGUMENT... 4,5 9 STANDARD OF REVEW LEGAL ARGUMENT AND AUTHORTES CONCLUSON... 21, CERTFCATE OF SERVCE v

6 TABLE OF AUTHORTES MSSSSPP CASES Adams v. Msssspp State Ol & Gas Board, et al., 80 So. 2d 869 (Mss. Ct. App. 2012) ,21 Barton v. Barton, 726 So. 2d 163 (Mss. 1998) ,20 Blbo v. Thgpen, 647 So. 2d 678 (Mss. 1994)... 6 Boyd v. Tshomngo Democratc Executve Commttee, 912 So. 2d 124 (Mss. 2005) Cummngs v. Bendermen, 681 So. 2d 97 (Mss. 1996)... 6 Hood ex re. State Tobacco Ltgaton v. State, 958 So. 2d 790 (Mss. 2007) Ladner v. Necase, 771 So. 2d 353 (Mss. 2000)... 6 Madson HMA, nc. V. St. Domnc- Jackson Memoral Hosptal, 35 So. 3d 1209 (Mss ) MssssPP Department a/transportaton v. Johnson, 873 So. 2d 108 (Mss. 2004) Overbey v. Murray, 56 So. 3d 1283 (Mss. App. 2011) Stran v. Stran, 847 So. 2d 276 (Mss. 2003) v

7 OTHER AUTHORTffS Msssspp Code Annotated ,1 0,14-15,19 Msssspp Code Annotated , 14-15,19 Msssspp Code Annotated , 10,11 Msssspp Code Annotated ,14,16 Msssspp Code Annotated Msssspp Code Annotated ,14,17-19,21 Msssspp Rule of Cvl Procedure 24(a)(b) ,19 v

8 STATEMENT OF THE SSUES. WHETER THE TRAL JUDGE EXCEEDED TE AUTHORTY GRANTED DM TO PRESDE OVER THE PETTON FOR JUDCAL REVEW FLED BY CRAG JONES TO HAVE DS NAME PLACED ON THE BALLOT DURNG THE DEMOCRATC PRMARY ELECTON?.. V. WHETER THE TRAL JUDGE HAD AUTHORTY TO V ACA TE THE DEMOCRATC PRMARY ELECTON AND/OR DEMOCRATC ELECTON RESULTS FOR TUNCA COUNTY SUPERVSOR BEAT 57 WHETHER THE TRAL JUDGE HAD AUTHORTY TO VACATE DS ORDER VACATNG THE DEMOCRATC PRMARY ELECTON AND/OR DEMOCRATC PRMARY ELECTON RESULTS FOR TUNCA COUNTY SUPERVSOR BEAT 57 WHETHER THE TRAL JUDGE HAD AUTHORTY TO FND MLDRED CONLEY N CONTEMPT A SECOND TME WHERE NO DETERMNATON WAS MADE NOR ANY EVDENCE OFFERED AS TO WHAT ACTONS OF MLDRED CONLEY WERE SANCTONABLE? V. WHETHER CRAG JONES SHOULD HAVE FLED SurT UNDER MSSSSPP CODE ANNOTATED AND MSSSSPP CODE ANNOTATED AFTER HS NAME WAS OMTTED FROM THE PRMARY ELECTON FOR TUNCA COUNTY SUPERVSOR BEAT 5? V. V. WHETHER THE TRAL JUDGE HAD AUTHORTY TO DECLARE WLLAM PEGRAM THE WNNER OF THE GENERAL ELECTON FOR TUNCA COUNTY SUPERVSOR BEAT 5 WHERE HE WAS NOT AUTHORZED BY LAW TO DO SO? WHETER THE TRAL JUDGE EXCEEDED DS AUTHORTY WHERE HE GRANTED AN NDEPENDENT CANDDATE'S MOTON TO NTERVENE N THE PETTON FOR JUDCAL REVEW FLED BY CRAG JONES TO HAVE DS NAME ON TB BALLOT DURNG THE DEMOCRATC PRMARY ELECTON? V. WHETHER A NEW GENERAL ELECTON S WARRANTED N AN EFFORT TO EMPLOY FARNESS AND EQUTY TO THE TUNCA COUNTY SUPERVSOR BEAT 5 RACE BECAUSE OF THE ERRORS MADE BY THE TRAL JUDGE?

9 STATEMENT OF THE CASE, COURSE OF PROCEEDNGS. AND PERTNENT FACTS Ths case arses out of a Petton For Judcal Revew fled by Crag Jones on March 17, 2015, wheren Crag Jones asserts among other thngs that he buys a home n Tunca County, works n Tunca County, owns a lawn servce n Tunca County, but does not address whether he lves n Tunca County, Msssspp. (R7)(RE 3). Crag Jones also fled a Cost Bond n the amount of $ statng that he was dened canddacy for qualfcaton for Justce Court Judge n Tunca County, Msssspp. (R8) (RE 4), On March 20, 2015, Judge Henry Lackey was apponted by the Msssspp Supreme Court to presde over the Petton For Judcal Revew fled by Crag Jones and found the request for appontment proper pursuant to Msssspp Code Ann (R9) (RE 5). On March 21, 2015, Judge Lackey sent a letter to Tunca County Crcut Clerk, Sharon Reynolds, provdng avalable dates and attemptng to coordnate and facltate the hearng of the Crag Jones v. Tunca County Democratc Executve Commttee case n Cause Number (R13,14) (RE 7,8). On Aprl 9, 2015, Judge Lackey entered an order settng the Petton For Judcal Revew for May 14,2015, at 9:30 a.m., at the Tunca County Courthouse. (R5) (RE 9). On May 19,2015, Judge Henry Lackey sgned an Opnon and Order regardng the sole ssue conceded by the partes to be determned by the Court whch was the true, fxed, permanent home/ resdence of the Pettoner, Crag Jones. (R36-38)(RE 10-12). On October 12, 2015, Crag Jones, by and through hs attorney, Charles B. Graves, Jr., fled a Petton To Vacate The Prmary Electon For Beat 5 Supervsor and To Set A Specal Electon. (R61-66) (RE 13-18). On October 28,2015, the Tunca County Democratc Executve Commttee, by and through ts attorney at that tme Kenneth Grgsby, fled a Response To Petto To Vacate The Prmary Electon For Beat 5 Supervsor And To Set A Specal Electon. (R67-69) (RE 19-21). 2

10 On October 26,2015, wthout a hearng Judge Lackey sgned an Order Vacatng The Prmary Electon For Beat 5. Supervsor and Settng A Specal Electon was entered by the Tunca County Crcut Clerk. (R71-74) (RE 23-26). On November 19,2015, n an effort to comply wth the Court's order, Mldred Conley, on behalf of the Tunca County Democratc Executve Commttee, wrote Governor Phl Bryant, requestng a date be set for the specal prmary electon for Tunca County Supervsor Beat.5. (R75)(RE 27). On December 7,2015, legal counsel for Governor Phl Bryant responded to Mldred Conley advsng that Governor Bryant lacked the authorty to set a specal electon to be conducted a party executve commttee. Legal counsel further clarfed that Governor Bryant dd have the authorty pursuant to Mss. Code Ann to order a specal electon postprmary contest fled pursuant to Mss. Code Ann and , f a fnal judgment s entered n favor of the contestant and a new prmary cannot be held before the date of the general electon. (R76-77)(RE 28-29). On December 16, 2015, Kenneth 1. Grgsby, counsel for Tunca County Democratc Executve Commttee, fled an Emergency Moton For Clarfcaton And Stay. (R78-80) (RE 30-32). On December 29,2015, Charles B. Graves, counsel for Crag Jones, fled a Response n Opposton To Emergency Moton For Clarfcaton And Stay. (R81-82) (RE 33,34). Addtonally, Crag Jones, by and through Counsel, Charles B. Graves, fled a Moton To Set Asde Order Vacatng the Prmary Electon for Tunca County Supervsor Beat 5 and Settng Specal Electon. (R83-91)(RE 35-43). On January 20, 2016, Wllam Pegram, ndependent Canddate for Tunca County Supervsor Beat 5, fled a Moton To ntervene. (R98-102)(RE 44-48). On February 2, 2016, Attorney James Lttleton, entered an appearance on behalf of the Tunca County Democratc 3

11 Executve Commttee and appeared on ts behalf durng the hearng on the Emergency Moton for Clarfcaton and the Moton To Set Asde Order Vacatng the Prmary Electon for Tunca County Supervsor Beat 5 and Settng Specal Electon heard by the Court on February 2, (R )(RE 49-50). On February 15,2016, the Tunca County Crcut Clerk entered the Order sgned by Judge Lackey on February 10,2016, whch vacated hs Order Vacatng The Prmary Electon For Beat 5 Supervsor and Settng A Specal Electon dated October 26, 2016, and entered by the Tunca County Crcut Clerk on November 2, (R )(RE 51-55). Judge Lackey also found n hs order dated February 10, 2016, that Wllam Pegram was duly elected Dstrct 5 Supervsor for Tunca County and that he should be afforded all benefts of that poston ncludng compensaton and benefts due to hm snce January 1,2016 and that Mr. McKnley Daley should be removed from the Dstrct 5 Supervsor seat mmedately. (R ) (RE 52-55). SUMMARY OF THE ARGUMENT The tral judge erred by exceedng the authorty granted hm by hs appontment by the Msssspp Supreme Court to presde over the Petton For Judcal Revew fled by Crag Jones who was attemptng to have hs name placed on the ballot durng the Democratc Prmary Electon for Tunca County Supervsor Beat 5. The tral judge erred by exceedng the authorty granted hm by hs appontment by the Msssspp Supreme Court by enterng an order vacatng the Democratc Prmary Electon andlor Democratc Electon results for Tunca County Supervsor Brat 5. 4

12 The tral judge erred by exceedng the authorty granted hm by hs appontment by the Msssspp Supreme Court by vacatng and/or settng asde hs ordl r vacatng the Democratc Prmary Electon and/or Democratc Electon results for Twtlca Colly Supervsor Beat 5. The tral judge erred by fndng Mldred Conley n contemp1 for a second tme where no determnaton was made as to what actons of Ms. Conley were sjantonable. The tral judge erred by makng rulngs n the nstant case er Crag Jones faled to appeal the results of the Democratc Prmary Electon for Tunca C unty Supervsor Beat 5. The tral judge erred by requestng the Governor of the State of Msssspp to order a specal electon to be presded over where the Governor dd not hav authorty to order a specal electon where Crag Jones had only fled a Petton For Revew pur uant to Msssspp Code Annotated The general electon for Supervsor Beat 5 should be vacate or set asde and a new electon should be conducted because the tral judge erred by vacat g the results of the Democratc Prmary for Tunca County Supervsor Beat 5. [ The tral judge erred by exceedng the authorty granted hm y hs appontment by the Msssspp Supreme Court by declarng Wllam Pegram the wnner of the General Electon for Tunca County Supervsor Beat 5. The tral judge erred by exceedng the authorty granted hm lby hs appontment by the Msssspp Supreme Court by grantng the ndependent canddate, Wllam Pegram, Moton To ntervene. A new electon s warranted n an effort to employ farness ancl equty to the Tunca County Supervsor Beat 5 Race because of the errors commtte4 by Je tral judge durng the course of hs appontment n the nstant case. 5

13 STANDARD OF REVEW "The standard of revew that appellate courts must follow revewng errors of law s de novo." Cummngs v. Bendermen, 681 So. 2d 97,100 (Mss. 1996) tlng Blbo v. Thgpen, 647 So. 2d 678,688 (Mss. 1994). "n a canddates qualfcaton challe,ge, the standard of revew for questons oflaw s de novo." Ladner V. Necase, 771 So. 2d 353,3r (Mss. 2000). "Further, Appellate Courts of the State of Msssspp revew :fndngs of faery a tral judge sttng wthout a jury for manfest error, ncludng whether the fndngs w re the product of bas, or fraud, or manfestly aganst the weght of the credble evdence." Joyd v. Tshomngo,s. Democratc Executve Commttee, 912 So. 2d 124,128 (Mss. 2005) (ctng Msssspp Department of Transportaton v. Johnson, 873 So. 2d 108, ). LEGAL ARGUMENT AND AUTHORU'ES. WHETHER THE TRAL JUDGE EXCEEDED THE A~ORTY GRANTED DM TO PRESDE OVER THE PETTON FOR JUDlrAL REVEW FLED BY CRAG JONES TO HA VE ms NAME PLACED ON THE BALLOT DURNG THE DEMOCRATC PRMARY ELECTON? The tral judge exceeded the authorty granted hm to presde over the Petton For the Tunca County Democratc Supervsor Beat 5 race. n Barton v. -Barton, 726 So. 2d 163,165 (Mss.1998), the ppellant, Beatrce Barton, "asserted that the specal judge, Chancellor Grst, was wthout auth, rty to hear both the contempt and the custody matter." "The Court of Appeals agreed d reversed and remanded the matter to the Lee County Chancery Court for appontment of yet another specal chancellor." d. The Court noted that, "We must determne whether Chancellor Grt had the authorty to rule on related motons after the fnal judgment of dvorce was entered." d. The Appellee argued that, "the specal judge orgnally assgned to the case was consdered a e facto judge, and that he 6

14 had contnung jursdcton to hear all matters relatng to the case." d. The Appellant argued that, "Chancellor Grst's authorty to hear related matters ended when the fnal judgment of dvorce was entered.'' d. The Msssspp Supreme Court affrmed the decson of the Msssspp Court Of Appeals, fndng that ''the authorty of the specal judge ends when ~e dvorce decree becomes fnal and, therefore, at the tme of contempt hearng Chancellor Grkt was not a de jure judge." d. "Chancellor Grst was also not a de facto judge and that hs o,cal acts of rulng on the contempt matter and the custody ssues lacked "color of ttle" and:1olor of authorty." d. "The Court held that the only colorable authorty that Chancellor ur;st mght have had was hs 1991 appontment, whch expred by ts own tenns and by operaton oflaw." d. Msssspp Code Annotated provdes for the cortestng of an electon of another person returned as the nomnee of the party to any cowty o county dstrct offce and 1 allows the contestant twenty (20) days after the prmary electon to ~le a petton wth the secretary or any member of the county executve commttee. n the nstant matter, Crag Jones dd not fle an electon contest pursuant to Msssspp Code Annotated n fact, Crag Jones, by and through ts counsel, contnued to fle a seres of pleadngs n the nstant matter whch started out as orgnatd pursuant to Msssspp Code Annotated As such, the only ssue before Judge lackey at any pont throughout hs appontment n the nstant case was the Petton For fevew by Crag Jones attemptng to have hs name placed on the ballot for Democratc Cahddate for Supervsor of 1 Beat 5 n Tunca County. fu Judge Lackey's Order And Opnon daled May 19, 2015, Judge Lackey acknowledges that the partes conceded that the sole ssue be determned by the Court was the fxed, pennanent home/resdence of the Pettoner, Crag Jo es. 7

15 n the nstant case, Judge Henry Lackey was apponted by e Msssspp Supreme Court (R9,10)(RE5,6) to hear Crag Jones' Petton For Revew (R7)(RE ). Crag Jones chose to proceed wder Msssspp Code Annotated throughout the course of the entre proceedngs. Mr. Jones' sole ssue was attemptng to be placed up n the ballot of Democratc race for Supervsor of Beat 5 and not an electon challenge pursuan some other statute authorzng same. On May 19, 2015, Judge Henry Lackey entered s Opnon and Order, see (R36-38). At the exact moment that Judge Lackey entered hs Op,on and Order n the nst~t matter, hs authorty to make further rulngs ended. He dd not have de jure or defacto authorty to make addtonal rulngs. n fact, the very nature of hs appontmt t pursuant to hs dutes and responsbltes set forth n (5) were to, "... After hearng lle evdence, the tral judge shall determne whether the canddate whose qualfcatons have be. n challenged s legally qualfed to have hs name placed upon the ballot n queston... ". WHETHER THE TRAL JUDGE HAD AUTHORTY 1[0 VA CATE THE DEMOCRATC PRMARY ELECTON AND/OR DEMOC~TC ELECTON RESULTS FOR TUNCA COUNTY SUPERVSOR BEAT~~ D n the nstant case, Crag Jones fled a Petton For Judcal evew pursuant to Msssspp Code Annotated , and not an acton pursuant to Msssspp Code Annotated and not an acton pursuant to Msssspp Co e Annotated Msssspp Code Annotated states n pertnent part, "Except as otherwse provded by Secton and , a person desrng to contest th electon of another person returned as elected to any offce wthn any cowty, may, wthn twe ty (20) days after electon, fle a petton n the offce of the clerk of the crcut court of the co4ty, settng forth the growds upon whch the electon s contested... " "A person desrng to contes~the qualfcatons of a 8

16 canddate for nomnaton n a poltcal party prmary electon shall omply wth the provsons of Secton " Judge Henry Lackey was apponted by the Msssspp Suprlme Court, pursuant to the provson of and authorty set forth n Msssspp Code Annotated n fact, the Order Appontng Judge Lackey says so. (R9)(RE5,6). Judge LackJy was clearly apponted only to hear the qualfcaton ssue rased by Crag Jones' Petton For R1vew and not any other matter related to the race of Tunca County Supervsor Beat 5. At the concluson of Judge Lackey's rulng n bs Opnon and Order dated May 19, 2015, JudJe Lackey's appontment and authorty ended by operaton of law as the Order Appontng hm related to the Petton For Judcal Revew fled by Crag Jones seekng to have hs name on Je ballot for Tunca County Supervsor Beat 5. Judge Lackey dd not have authorty to vacate Je results of the Democratc Prmary for Supervsor Beat 5. Judge Lackey's rulng adversely Jected the party nomnee, McKnley Daley, as well as the ndependent canddate, Wllam Pebam. Judge Lackey's authorty to vacate the results of the Democratc Prmary for TuncJ County Supervsor 5 cannot be found n Msssspp Statute or case law and s a clear volaton Jr the authorty granted hm n Msssspp Code Annotated or Msssspp Code Annotted 951,. WHETHER THE TRAL JUDGE BAD AUTHORTY TO VACATE ms ORDER VACATNG THE DEMOCRATC PRMARY ELECT~ON AND/OR DEMOCRATC PRMARY RESULTS FOR TUNCA 10UNTY SUPERVSOR BEATS? On October 12, 2015, Crag Jones, by and through hs atto,ey fled a Petton to Vacate the Prmary Electon For Beat 5 Supervsor and To Set A Specal Ercton. Crag Jones, n hs petton clamed that Judge Lackey had jursdcton over the partes and subject matter pursuant to Msssspp Code Annotated , , and 23-lb-961. Ths asserton was clearly an erroneous statement oflaw and s smply not true. 9

17 Msssspp Code Annotated has been dscusse at length heren above and need not be repeated n ts entrety. t s clear that Judge Lackey's tppontment under ths code secton dealt wth the contestng of qualfcatons for the offce of ~unca County Supervsor Beat 5 and nothng more. At the tme that Crag Jones fled hs Pettton For Revew he was l seekng only one thng,.e., to have hs name placed on the ballot a democratc canddate for Tunca County Supervsor Beat 5. Mr. Jones was not challengng ty results or seekng any other type of remedy at that tme. n fact, at the tme that he fled hs Petton For Judcal Revew, no other problems exsted. Msssspp Code Annotated , and deal wth contest post-electon flng of a protest or complant to an electon contest. Mr. Jones has not fled a protest or complant to the democratc prmary electon wheren M1K.nley Daley was declared the wnner. Mr. Jones, and hs attorney, were clearly aware of ths emedy as they assert n ther Petton To Vacate The Prmary Electon For Beat 5 Supervsor anj To Set A Specal Electon and faled to fle a complant wth the Tunca County Crcut Clerk rder the foregong provsons as he was requred to do. nstead, Mr. Jones fled frvollus and ancllary pleadngs wth the Court as an extenson of hs Petton For Revew to have ~s name placed on the ballot. Judge Lackey's authorty n the nstant case ended on May j 9, 2015, when he entered hs Opnon and Order. As such, Judge Lackey's Order Vacatng The rmary Electon For Beat 5 Supervsor And Settng A Specal Electon, as well as hs order dated February 10, 2016 grantng Crag Jones' Moton To Set Asde hs prevous Order Vac tng the Prmary Electon for Supervsor of Beat 5 and Settng Specal Electon s null and vod b cause Judge Lackey lacked the authorty to make such rulngs absent an authorty gven to hm y law. j 10

18 Judge Lackey dd not have authorty to set asde hs order v eatng the results of the Democratc Prmary for Supervsor Beat 5. Judge Lackey's rulng jdversely affected the party nomnee, McKnley Daley, as well as the ndependent canddate, llam Pegram. Crag Jones, who has only fled a Petton for Judcal Revew, set n moton a number of rulngs by the tral court by flng motons and pleadngs whch had no authorty to flj under the law. n relance upon msstatements oflaw, Judge Lackey lacked the authorty to v ate the results of the Democratc Prmary for Tunca County Supervsor 5. No authorty for Judge Lackey's rulng can be found n any.msssspp Statute or case and s clear volato of the authorty granted hm n Msssspp Code Annotated Although Crag Jones reles upon Msssspp Code Annotated 927 and Msssspp Code Annotated n hj motons and pleadngs, he could not use these statutes because he had only fled a Petton F o~ Judcal revew seekng to have hs name placed on the ballot n the democratc prmary for Ttlnca County Supervsor Beat 5. The facts of ths case are very smlar to those n Barton v. Barton because t s clear that once Judge Lackey ssued hs rulng on May 19, 2015, hs rulng wl a fnal order. He was apponted to rule on whether Crag Jones' name should be placed o the ballot. He fulflled hs dutes. Sometme thereafter, the Tunca County Democratc Execu ve Commttee fled an appeal whch was ultmately dsmssed for falure of ts attorney to rosecute and fle the appellate bref. Nevertheless, when Judge Lackey entered hs Orde Vacatng The Prmary Electon For Beat 5 Supervsor and Settng Specal Electon on Octt.ber 26, 2015,just days pror to the prmary electon, he exceeded the authorty granted hm by ls Court. Judge Lackey's Order Vacaton The Prmary Electon For Beat 5 Supervsor an SeJng Specal Electon granted Crag Jones's Petton To Vacate the Prmary Electon For Beat 5 S pervsor and To Set A 11

19 Specal Electon. Crag Jones' Petton To Vacate the Prmary Ele,d ton For Beat 5 Supervsor ncorrectly stated Msssspp law as t related to electon contest t appears that Judge Lackey reled upon these erroneous statements n hs grant of Crag Jones Petton To Vacate the Prmary Electon For Beat 5 Supervsor And Settng A Specal Eledton that he clearly dd not have authorty to do so. Judge Lackey's Order on February 2, 2016, whch Vacated the Order Vacatng the Prmary Electon For Beat 5 Supervsor And Settng A Specal El+on, has the effect of sngle handedly determnng the wnner of Tunca County Supervsor Beat 5. McKnley Daley has done nothng wrong and s a vctm of the proceedngs and controvlrsy between Crag Jones and the Tunca County Democratc Executve Commttee. Wllam PeJram has done nothng wrong ether. However, he s the benefcary of beng clearly chosen as thl wnner of the Tunca County Supervsor Beat 5 race by Judge Henry Lackey durng the Jearng held by hm after hs appontment had expred by operaton of law. Judge Lackey even dffers to swear Wllam Pegram n fhe cannot fnd anyone to swear hm n. (TR, P53, Lnls 27-29) (TR, P54, Lnes 1-12). V. WHETHER THE TRAL JUDGE HAD AUTHORTY TO FND :MLDRED CONLEY N CONTE:MPT A SECOND TME WHEREJNo DETERMNATON WAS MADE NOR ANY EVDENCE OFFERED AS TO WHAT ACTONS OF :MLDRED CONLEY WERE SANCTONABLE? Durng the hearng conducted by Judge Lackey on Februaryf, 2016, Judge Lackey clearly ndcated an ntent to sancton an hold Mldred Conley n co tempt for a second tme for the same cond~t that. she ~ad been prevous'.y sanctoned for as a rt 0~ her pre~ous legal counsel's neglgence m flng an appellate bnef and other documen rcqwred by ths Court. On Page 50 of the Transcrpt, Lne 22, and contnung through Page 531fthe Transcrpt, Lne 18, t s clear that there s an ntent by the Court to sancton Mldred Conl y twce for conduct whch 12

20 has occurred once through no fault of her own. Ms. Conley h~ c!tly ndcated ~d proven. all prevous sanctons have been pad by the members of the Tumca County Democratc Executve Commttee resultng from ther pror attorneys falure to successfulr prosecute the appeal of Judge Lackey's rulng requrng the Tunca Coun1y Democratc Exrutve Commttee to take all actons and steps necessary to assure that the name of Crag Jones s placed on the Frst Prmary Ballot as a bona fde canddate for Tunca County Supervsor Beat$. The Court noted n Stran, "We recognze that a ctaton for bontempt s proper where a party has wllfully and delberately gnored the order of the Court.' Stran v. Stran, 847 So. 2d 276 (Mss. 2003). The Court noted t would affrm the factual fndngs of the chancellor n cvlcontempt cases unless manfest error s present. d. at 278. Mldred Conley has not wllfully nor delberately gnored the order of the Court. n fact, Ms. Conley and the Tunca County Democratc Executve Comm1e took all reasonable steps to ensure that Crag Jones would be placed on the ballot after the neglgence of ts pror attorney n falng to fle an appellate bref wth ths Court. Evdence of reasonlble and necessary steps by Ms. Conley and the Tunca Coun1y Democratc Executve Commt attempt to get clarfcaton on what t needed to do to comply wth Judge Lackey's order to place Crag Jones on the ballot can be seen n ts letter to Governor Phl Bryant on November 19, 2b 5. (R75)(RE 24). Based upon Mldred Conley's attempt to comply wth the Court's order, t s clear she dd not wllfully and delberately gnore Judge Lackey's order. t s further clear that she has not contnued to conduct herself n a wllful or delberate manner. Tunca Coun1y 1 mocratc Executve Commttee was well wthn ts rght to appeal any decson of the lojer court. However, the ntal appeal of Judge Lackey's rulng was the result of the neglgent actons of ts prevous attorney and not the Tunca Coun1y Democratc Executve CommJe. 13

21 V. WHETHER CRAG JONES SHOULD HA VE FLED spt UNDER MSSSSPP CODE ANNOTATED AND MSSSSPP Cf>DE ANNOTATED AFTER ms NAME WAS OMTTED FROM THE PRMARY ELECTON FOR TUNCA COUNTY SUPERVSOR BEAT 5? Crag Jones fled a Petton For Judcal Revew pursuant to rsssspp Code Annotated , and not an acton pursuant to Msssspp Code Annotated and not an acton pursuant to Msssspp Code Annotated Mss,lpp Code Annotated states n pertnent part, "Except as otherwse provded by slton and , a person desrng to contest the electon of another person reled as elected to any offce r wthn any county, may, wthn twenty (20) days after electon, fle petton n the offce of the clerk of the crcut court of the county, settng forth the grounds upon whch the electon s contested... " "A person desrng to contest the qualfcatons ofa cjddate for nomnaton n a poltcal party prmary electon shall comply wth the provsons of kecton " Msssspp Code Annotated and Msssspp Colde Annotated deal wth contest post-electon flng of a protest or complant to an lrecton contest. Mr. Jones has not fled a protest or complant to the democratc prmary electln wheren McKnley Daley was declared the wnner. Mr. Jones, and hs attorney, were clearly {ware of ths remedy as they assert n ther Petton To Vacate The Prmary Electon For Beat 5 Supervsor and To Set A Specal Electon and faled to fle a complant wth the Tunca County Crcut Clerk under the foregong provsons as he was requred to do. nstead, Mr. Jones fled frvolous and ancllary pleadngs wth the Court as an extenson of hs Petton For Revew to have hs name placed on the ballot. nleach case n whch Crag Jones fled these frvolous and ancllary pleadngs) he was granted Je relef sought even though the tral Court was wthout authorty to grant such relef. n the ns+t case, Judge Lackey should not have granted and was wthout authorty to vacate the Democratc prmary results for 14

22 Tunca County Beat 5 and to set a specal electon and he was equally wthout authorty to vacate the order vacatng the Democratc prmary results for Tunca Count Beat 5. n fact, every pleadng and acton taken by Crag Jones after hs falure to aval hmself of the remedy found n Msssspp Code Annotated and Msssspp Code,otated should be null and vod as Crag Jones had no authorty to act and Judge Lacl<:ey had no authorty to make the rulngs made n the nstant case. As such, the only remedy that results n farness to the canddates affected by Crag Jones' frvolous and erroneous pleadngs and Judge Lackey's unauthorzed authorty s a specal electon to determne the TuncJ County Supervsor Beat 5 race. V. WHETHER THE TRAL JUDGE HAD AUTHORTY lfo DECLARE WLLAM Pegram THE WNNER OF THE GENERAL ELECTON FOR TUNCA COUNTY SUPERVSOR BEAT 5 WHERE HEW AS ~OT AUTHORZED BY LAW TO DO SO? _ Durng the hearng conducted by the Court on February 2, 2016, Judge Lackey ruled that he was settng asde bs prevous order whch vacated the results o,the Democratc Prmary Electon and ordered a new electon for Supervsor of Beat 5 oft ca County. (TR, P53, Lne 19-29) (TR, P54, Lne 1-12). The followng dalogue occurred: By Ms. Jacks: By The Court: By Ms. Jacks: Your Honor, may - have one pont of clarfcaton. Yes, ma'am. Thank you, Your Honor. Just to be c ear, the order - - the November 2nd, 2015 order, s the Co settng asde that order such that there s no specal electon: By The Court: By Ms. Jacks: That's correct. And at ths tme, Mr. Pegram should e recognzed as the Dstrct 5 Supervsor? 15

23 By The Court: Mr. Pegram s recognzed as the dulylelected, qualfed supervsor of Dstrct By Ms. Jacks: By The Court: By Ms. Jacks: By The Court: By Ms. Jacks: By The Court: Thank you, Your Honor. - - of Tunca County. Thank you, sr. And f you can't fnd someone to swear hm n, call me. Okay. Thank you, Your Honor. All rght. Thank you. Ths matter s concluded. Msssspp Court Annotated (8) states, "The order lppontng a person as a specal judge pursuant to ths secton shall descrbe as specfcally l possble the duraton of the appontment. The order appontng Judge Lackey, n ths case, statjs n pertnent part, as follows: HAVNG COME ON ths date for hearng a request for app6ntment of a judge to presde over a petton for judcal revew n the proceedngs n the above ntbered and styled canse, whch s presently pendng n the Crcut Court of Tunca County, Msssspp, and the Court havng consdered sad request and found t proper under MsssspJ Code Annotated Secton T S THEREFOR ORDERED AND ADJUDGED that Honorable Henry L. Lackey, Senor Status Judge, be, and he s, hereby specally apponted Spec1 Judge to presde over the matter heren nvolved. The specfc duraton of the nstant appontment by the Chef Justce of the Msssspp Supreme Court, Wllam L. Waller, to Judge Henry Lackey was to ptesde over the petton for judcal revew fled by Crag Jones. Crag Jones fled a Petton FoJ Judcal Revew pursuant to 16

24 Msssspp Code Annotated seekng to have hs name n the ballot durng the 1 Democratc Prmary Electon for Supervsor of Beat 5 for Tunca Oounty. Mr. Jones wanted nothng more and ths s only relef Mr. Jones could receve purs,t to Msssspp Code Annotated Judge Lackey lacked the authorty to declare Wllam Pegrr the wnner of the Tunca County Supervsor Beat 5 because t was hs actons n exceedng the authorty granted to hm by the laws of the State of Msssspp that caused the controversy whlch led to hm unlaterally declarng Wllam Pegram the wnner of Tunca County Supervso1 Beat 5 race. Judge Lackey rendered orders and decsons whch he had no authorty to make, acated orders settng asde 1 democratc prmary results, and set specal electons he had no authbrty to set. As such, t s clear Judge Lackey had no authorty to unlaterally declare a wnnj n an electon whch he had prevously nullfed by enterng an order vacatng the results of the ~emocratc prmary and orderng a specal electon. Voters of the Tunca County were cojsed, dd not go to the polls, and were dsenfranchsed by Judge Lackey's Order vacatng the re+ts of the Democratc Prmary and orderng the settng of a specal electon whch he late~ vacated on February 2, 2016 and unlaterally declared a wnner. Judge Lackey's order vacatng the results of the Democratc Prmary Electon and Settng A Specal Electon had the effect of njllfyng both the Democratc Prmary and the General Electon. V. WHETHER THE TRAL JUDGE EXCEEDED ms AU[fHORTY WHERE HE GRANTED AN NDEPENDENT CANDDATE'S MOTON TO NTERVENE N THE PETTON FOR JUDCAL REVEW FLED BYCRAG JONES TO HA VE ms NAME ON THE BALLOT DURNG THE DEMOORATC PRMARY ELECTON? Wllam Pegram was the ndependent canddate for Supervsbr durng the general electon for Supervsor of Tunca County Beat 5 whch was nullfej by Judge Henry Lackey's 17

25 vacaton of the results of the Democratc Prmary n Tunca Countyl's Beat 5 Supervsor race. Crag Jones fled a Petton For Judcal Revew pursuant to Msssdpp Code Annotated 23-15" 961 on March 17,2015. Judge Henry Lackey was specally appon~ed to hear the Petton For Judcal Revew fled by Crag Jones on March 20, The only matter under consderaton should have been the Petton For Judcal Revew fled by Crag JOnes and not the ancllary matters presented to Judge Lackey by Jones' counsel as evdenced by Judge Lackey's Opnon. and Order dated March 19, 2015, wheren he ndcated that the partes conceded the sole. queston to be determned by the Court s the true, fxed, permanen~ home/resdence of Rule 24 of the Msssspp Rules of Cvl Procedure allows nterventon of Rght lllder Pettoner, Crag Jones. (R36) (RE 10). subsecton (a) and a Permssve nterventon under subsecton (b). Regardless of the subsecton, Wllam Pegram, an ndependent canddate for Tunca COllllty supjrvsor Beat 5, should not. have been allowed to ntervene n the Petton for Judcal Revew ftled by Crag Jones. The Petton For Judcal Revew dealt wth Crag Jones pursuant to MdsssPP Code Annotated 23-! where he was attemptng to have hs name placed on the ballot as a Democratc canddate for Tunca COllllty Supervsor Beat 5. The Court must balance the ~terest of the person or entty seekng to ntervene versus the potental burdens that the nterventl would mpose on those person or enttes already partes or on the judcal system's economc and effcent dsposton of the case. n order to ntervene as a matter of rght, the movant must: (1) make tme applcaton;. (2) have an nterest n the subject matter of the acton; (3) be so stuated that dsposton of the acton may as a practcal matter mpar or mpede hs ablty to protect hs nterest; and (4) hs nterest must not already be adequately represented by exstng partes. 18

26 See Madson HMA, nc., v. St. Domnc-Jackson Memoral fosptal, 35 So.3d 1209, 1215 (Mss. 2010); See also Hood exrel. State Tobacco Ltgaton v. Statf' 958 So. 2d 790, (Mss. 2007). Wllam Pegram, the ndependent canddate has not nterest n the subject matter of the Petton For Revew fled by Crag Jones pursuant to Msssspp C~ de Annotated Mr. Pegram's sole nterest was the outcome of the electon beng d~termned n hs favor. Hs nterest and the nterest of Crag Jones are polar oppostes. As such, Mr. Pegram should not have been allowed to ntervene n a case n whch he was ultmately and Unlaterally chosen by the tral Court to be the wnner.! Rule 24(b) of the Msssspp Rules of Cvl Procedure state ls part that: (b) Permssve nterventon. Upon tmely applcaton anyonb may be permtted to... mtervene m an acton: (1) when a statute confers a condtonal rght to ntejene; or (2)When an applcant's clam or defense and the map acton have a queston of law or fact n common. Wllam Pegram has no rght to ntervene under Rule 24(b) qfthe Msssspp Rules of Cvl Procedure where there s no statute conferrng upon hm a rgh~ to ntervene and there s no queston of law or fact n common between Mr. Pegram's clam andthe man acton brought by Crag Jones n hs Petton for Judcal Revew. Although Mr. Joneslwas seekng to be placed on the Democratc Prmary Ballot, ths was the only acton that the Court was authorzed to hear pursuant to Msssspp Code Annotated f Mr. Jones or Mr. Pegram was dsgruntled about the rulngs by Judge Lackey whch prevented ether of them from obtanng the desred result, they could have avaled themselves of Msssspp co ~ e Annotated , Msssspp Code Annotated , Both faled to contest eth~r the Democratc prmary or 19

27 the nullfcaton of the general electon by Judge Lackey who vaca1ed the results of the Democratc prmary n hs order dated October 26,2015. VT. WHETHER A SPECAL ELECTON S W ARRANTEb N AN EFFORT TO EMPLOY FARNESS AND EQUTY TO THE TUNC~ COUNTY SUPERVSOR BEAT 5 RACE BECAUSE OF THE ERRORS MADE BY, THE TRAL JUDGE? To restore farness and equty n the electoral process n T~ca County Supervsor Beat 5 race, t s necessary to have a specal electon due to errors commtted by the tral judge whch, are null and vod. n Adams v. Msssspp State Ol & Gas Board, et al., 80 So. 2d 869, 870 (Mss.Ct. App. 2012), "the Chancellor's order of dsmssal was vo~ because he lacked authorty to dsmss the appeal wthout frst gvng the Landowners pror notpe." ld. The Court further noted that "because the dsmssal s vod, the chancellor erred by nd,t grantng the Landowner's moton to renstate the appeal." ld. "A judgment s vod only f the' court that rendered t lacked, jursdcton of the subject matter, or of the partes, or f t acted n a manner nconsstent wth due! process oflaw." Overbey v. Murray, 569 So. 2d 303,306 (Mss. 1990). The Court found that,, ''the dsmssal s vod for falure to provde due process and the Lan~owner's January 2010 moton to renstate the appeal was not untmely fled because "no ~ount of tme or delay may cure a vod judgment."!d. The specal chancellor n Adams, held he lacked the jursdcton to hear the Landowners post-dsmssal moton because hs order of appontment had ended ~th the dsmssal. ld at 873. Chancellor Wllam H. Sngletary reled on Barton where the authorty of the chancellor apponted to hear a dvorce ended wth the fnal judgment of dvorc ~. Barton v. Barton, 726 So. 2d 163,166 (Mss. 1998). ld. n Barton, unlke Adams, the dvorce judgment was fmal and there, were new ssues whch arose post-dvorce, whch were outsde of the scope of the chancellor, specal appontment. ld at 166. n Adams, there was no fmalty bec~use the order of 20

28 appontment was to hear the Landowners appeal. Adams v. Msssspp State Ol & Gas Board, et a., 80 So. 2d 869, 873 (Mss. ct. App. 2012). Because Chancellor! Sngletary's order of! ; dsmssal of the appeal s vod, hs appontment to hear the appeal rlever ended. ld. n the nstant case, the only way to correct the confuson resultng from the nconsstent!, and unauthorzed rulng of the tral judge s to have a specal electon. Every rulng made by Judge Lackey after hs Opnon and Order dated May 19,2015, wa$ vod nasmuch as he lacked authorty to make rulngs beyond Crag Jones' Petton For JUdcal! Revew. n fact, Judge Lackey's own Opnon and Order acknowledges that the partes conceded that the sole ssue to! be determned by the Court s the true, fxed, permanent home/resqence of Pettoner, Crag Jones. Judge Lackey, lke the chancellor n Barton, lacked author~ to hear any matter beyond, ther fnal rulngs. Judge Lackey's fnal rulng was and should hav~ been hs Order and Opnon dated May 19, As such, the order vacatng the Democratc Ppmary Results for Tunca County Supervsor Beat 5 and Settng A Specal Electon and the ~rder Wthdrawng the Order. Vacatng the Democratc Prmary Results for Tunca County SuperVsor Beat 5 and Settng A!! Specal Electon were rendered on February 10, 2016, at a tme n ~hch Judge Lackey no longer had authorty to presde. The only remedy to ths mass confuson deated snce May 19,2015, s! to set a specal electon for Tunca County Supervsor Beat 5. CONCLUSON Based upon the foregong, ths Court should hold fnd that drag Jones fled a Petton For Judcal Revew, pursuant to Msssspp Code Annotated 23-1l5-961, n the Crcut Court of. Tunca County, Msssspp and that the sole ssue conceded betwee~ the partes to be decded! was the true, fxed, permanent home/resdence of the Pettoner, Crag Jones. Judge Henry Lackey rendered an Opnon and Order on May 19, 2015 and lacked authorty under the laws of 21

29 the State of Msssspp to make any other rulngs based upon hs appontment by the Msssspp Supreme Court. As such, Judge Lackey's Order, dated October 26, 201S, Vacatng The Prmary Electon For Beat S Supervsor And Settng A Specal Electon s vod and hs order dated February 10,2016, Wthdrawng hs Order Vacatng The Prmary Electon For Beat S Supervsor And Settng Specal Electon s also vod nasmuch as Judge Lackey's appontment had ended and he was wthout color of law to make any further rulngs after May 19, 20 S. Appellant request ths Court set a specal electon n order to restore faruess and equalty to the electoral process for canddates affected by the unauthorzed rulngs of the tral court. 22

30 CERTFCATE OF SERVCE, Tunca County Democratc Executve Commttee, Appellant, do hereby certfy that have ths day served, va hand delvery and/or va Unted States Mal, a true and correct copy of the above and foregong orgnal Bref of the Appellant, along wth three (3) copes to the Court and a copy on electronc meda to the Clerk of the Court, and a copy to the followng: Hon. Murel B. Els, Msssspp Supreme Court Clerk P. O. Box 0249 Jackson, MS Hon. Sharon O. Reynolds, Tunca County Crcut Clerk P. O. Box 184 Tunca, MS Hon. Henry Lackey, Senor Status Judge P. O. DrawerT Calhoun, MS Charles B. Graves, Esq. Attorney For Crag Jones P. O. Box 1413 Tunca, MS Jame F. Jacks, Esq. Attorney For Wllam Pegram Jacks Lucano P. O. Box 1209 Cleveland, MS So certfed, ths the4-~y of September, C~<. ~~. q James K. Lttleton, sq. Attorney For Tunca County DEC 23

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