E-Filed Document

Sep 9 2016 15:23:17

2016-AP-01079

Pages: 4

IN THE SUPREME COURT OF MISSISSIPPI

No. 2016-AP-01079
RE: DISTRICT ATTORNEY FOR THE
SEVENTH CIRCUIT COURT DISTRICT
Hinds County Circuit Court Nos. 25CI1:16-cv-00220;
25CI1:16-cv-00355; 16-9002; 16-0-543; In the Circuit
Court of Hinds County, Mississippi, First Judicial District
ROBERT SMITHS MOTION TO ASSIGN ADDITIONAL CASE
(HINDS CIRCUIT COURT NO. 16-120) TO CIRCUIT JUDGE LARRY ROBERTS
Defendant Robert Shuler Smith moves the Court to transfer Hinds Circuit Court case number
16-120 to Circuit Judge Larry Roberts. Smith shows the Court as follows:
1.

On August 11, 2016, this Court (in 2016-AP-01079) entered the attached Corrected

Order Appointing Special Judge, Exhibit A, which transferred certain cases to Judge Roberts.
All of the cases transferred to Judge Roberts pertain to claims of wrongdoing made against District
Attorney Robert Smith. Cause No. 16-120 also involves allegations made by the Mississippi
Attorney General (through Assistant Attorney General Stanley Alexander) of wrongdoing by Robert
Smith.
2.

This Court omitted Cause No. 16-120 from its Corrected Order, Exhibit A, which

is currently assigned to Circuit Judge Jeff Weill. On motion of Assistant Attorney General
Alexander, Judge Weill ordered Cause No. 16-120 to be sealed.
3.

Smiths having a complete copy of the file and of the transcript of the hearing in

Cause No. 16-120 is necessary to his defense in a criminal case in which Smith has been indicted.
See attached Grand Jury Indictment, Exhibit B. The transcript of the hearing before Judge Weill
contains evidence that Smith has not, in fact, committed any inappropriate actions with respect to
criminal defendants, and indicates the nature of matters that Smith was lawfully investigating, to

include matters involving charges of misconduct by state officials.

4.

Judge Weills Order sealing Cause No. 16-120 prevents Smith having access to this

exculpatory evidence. Under familiar principles, a criminal defendant is entitled to all evidence that
is exculpatory. Brady v. Maryland, 373 U.S. 83, 87 (1983).
5.

This Courts should assign Cause No. 16-120 to Circuit Judge Larry Roberts, along

with all other cases in which wrongdoing by Smith is alleged.

6.

Circuit Judge Roberts has set a hearing for September 12, 2016 on a motion to unseal

files. It is in the interest of judicial efficiency for Judge Roberts to also consider whether the
proceedings in Cause No. 16-120 should be unsealed.
7.

Consistent with the due process clause of the United States Constitution, Amendment

Fourteen, and Mississippi Constitution, Section Fourteen, Circuit Judge Weill cannot act as a judge
in any case involving Robert Smith. Judge Weill is an adversarial party to Smith, since he is a
complainant in a pending bar complaint against Smith. See, Exhibit C. Additionally, Judge Weill
has entered an Order stripping Smith of his duties as District Attorney. See, Exhibit D. Because
of these adversarial proceedings, a fair minded person knowing all the facts might reasonably
question [Judge Weills] impartiality. Buchanan v. Buchanan, 587 So.2d 892, 897 (1991). A fair
trial in a fair tribunal is a basic requirement of due process . . . . [O]ur system of law has always
endeavored to prevent even the probability of unfairness. . . . [N]o man is permitted to try cases
where he has an interest in the outcome. In Re: Murchison, 349 U.S. 133, 136 (1955).
8.

Assistant Attorney Generals Baker and Anderson have advised they do not object to

Cause No. 16-120 being transferred to Judge Roberts.

ACCORDINGLY, Smith moves this Court to assign Hinds Circuit Court Cause No. 16-120
to Circuit Judge Larry Roberts.
Respectfully submitted this the 9th day of September, 2016.
ROBERT SMITH, Defendant

By:

/s/ JIM WAIDE

Jim Waide, MS Bar No. 6857
waide@waidelaw.com

WAIDE & ASSOCIATES, P.A.

332 North Spring Street
Tupelo, MS 38802-3955
Post Office Box 1357
Tupelo, MS 38802-1357
(662) 842-7324 / Telephone
(662) 842-8056 / Facsimile
ATTORNEYS FOR ROBERT SMITH

CERTIFICATE OF SERVICE
This will certify that undersigned counsel for Defendant has this day filed the above and
foregoing with the Clerk of the Court, emailed and mailed, via United States Postal System, a true
and correct copy to the following:
Assistant Attorney General Robert Anderson
P. O. Box 220
Jackson, Mississippi 39205
rande@ago.state.ms.us
Assistant Attorney General Larry Baker
P. O. Box 220
Jackson, Mississippi 39205
lbake@ago.state.ms.us
Senior Status Judge Larry E. Roberts
P.O. Box 1002
Meridian, Mississippi 39302-1002
Honorable Jeff Weill, Sr.
Circuit Court Judge
P O Box 22711
Jackson, MS 39225
weillslawclerk@co.hinds.ms.us
Honorable Tomie T. Green
Circuit Court Judge
P. O. Box 327
Jackson, MS 39205
SO CERTIFIED, this the 9th day of September, 2016.

/s/ JIM WAIDE

JIM WAIDE

E-Filed Document

Sep 9 2016 15:23:17

2016-AP-01079

Pages: 2

Serial: 20'756'1'

FlLED::
RE:D.ISTRICTJf.'J!TORNEY FQR:TJlE

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OFFICE OF:THECLE8.K
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r.1-hs:1V:1AfiER is :before the:eourt,.,en,banc,:uporttequestl;iy::itl :cfrcuitdourt-J\1dgs

for the efrc.it <.;burt of Hinct~ (Sq11n1;y:; Missfssippi, 71h Czytjit Gourt D.is.tdct, for, Jh
appointtnentofa:Spe.ciaICircuitJud~ectoptesfde.ov:edhe'P.roceedmgslhtlre;above,numbeted

:ahd isfylecr a:U$S;. Whih are J)f~s~ntly peitqip:g iI1

me ~jf1:1,it Obu1t qf J-iip;q.$: Q9\fnfy;J

Mis!iissipp1,;J?irsf.Judicfalb.istrict.AlLGitcuitJudgeshave:recusedfathesubje.ctact10ns::Sertiot)

Sta,ms.Judgpa11:y"E:: E:ob#.$~.has ~gr'ed:to ~cb.~ptfl1e~~i\s's/ati4 sh@.pt~sfg.~~h4 cqriggt .

proc:eediirgs unti:1 such:timeas.tb:ese .casesarecCclnciuded. Thi.s,r.e~uest1s,necess1fateiL~ihe

tfavini?;Ju.ll)tconsidered thematforr the Court finds thattherequest is proper andsho.rild

lT'fS''PEEIIBFOREORDEREDANPAPJUD0EDithatRonorab.'/g. Earr)',E.. B,p'f?~ds;

:$eniorSt.:1t1.HiiJ<:ige~ b~., an:dhe is, hereby specially appoirttecfSp'ecia]Judgeto pieside:,anci
conduct proceedings .i11 fu.c; . apove.,rcefore1wed. CJ:\Ses}ursajitJo and .by a,uthority

EXHIBIT

6fN1I~sjss'ipp J'Ctjdi;}Aii1:1otated,:Secti911 9:..1-1 OS; whichishit~sthat',the Chie:f Jtistice may, wj,th .

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the advfoeand,.consent of amaj odty oftheJusticesof:theMississ{ppi: Supi::eroeCourt, aJ?,pOiht

a$pecial. rJ11dgi:
I'.t 18 FURTHER ()Rl)EREb that the Honorabfo._tarcy E. Roberts shall preside.:as

and/or adn:i'inistrative dulies ,of'Robert'Shuler 'Smith) ,the<Hfods County District Aitome,y~

p;erig}n.g gtsB~.~qeritlyfilecticludJng~ny;r:elat:~d,ctfrt1Wr,~l)fc::ti9ris,ui1tiffrpibef,@td&B9,f".t~~

ioi:the0Honorabie.Larry'E .. Roberts:; . Special Cfrctiit(Jud,~e;ithe:I:fonoraole Winston L. Kidi:t;the

Hhnpr~ble Jeff yieHt;,St:;;tbe.II:011ot~bJ& Toi:riie: :t. /(Jteen,,@d {lie fl0110taful~w1w~~ !}

.G:'o.wan,Ji\,.Judges ofancl.fotth~Circui.t Q9urt:Qfl{inds CqJ1n~,:and,t9Jhe'Clerko.fth(;}'Qir:uit

Go.qrt.o:f:Hili~s C&'tllit'M, ~~ofa Jir~oteiLtctfile tfi.i~>.tclet~il;4::aetrver,.cropies to.aff qq'ltns~Lof'

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ihec$pecfaLJud~e:shallpr.omptly:f'orwaro':a~qp-y1Ttl.l~.tm<\lJiJ4wentso~. qt1;ierorciefs,,9~'fi;ii~l
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E-Filed Document

Sep 9 2016 15:23:17

2016-AP-01079
F8X NO. :601 969 0304

Pages: 3
Sep. 07 2016 02:35PM

FROM :ROBERT SHULER SMITH,PLLC.

----~----

ER *SEALED*

oocument #: 1

Filed: 09/07/2016

.-

SEP -7 2016

~ICTMENT

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CONSPIRACY

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FILED

- 25C\1 16-cr00836-L

case-

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MULTI-COUNT MCA 99...7o

DISTRICT ATTORNEYL~O~CA 97-11-3 .. Count III
TO ADVISE CRlMINA

ZACKWAAC~~

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-STATE OF MISSISS1PPI .

CJRCUlT COURT
FIRST JUDICIAL DISTRICT

HINDS COUNTY

Cause Number:

/6-.(336

September Term. A.D.12016

The Grand Jurors f~r the State of Mississippi, taken from the body of good and lawful

impaneledj
. ds county., p1rst Judicial District, in the State of Mississippi, elected,
persons of Hm
.

sworn and cbarged. .to .inquire in and for said Courity and State aforesaid, in the name and by the
authority of the State of Mississippi, upon their oaths present:

COUNT!
that. ROBERT SHULER SMITH nnd JAMIE K. MeRRIDE,

in the First Judicial District of

Hinds County, Missi~sippi on or about and between the dates of December 1, 2015, and June 22,
2016, did then and there knowingly, unlawfully and folonioualy, without authority of law,

conspire with Ivon Johnson and with others known and unknown to the Grand Jury to commit
,,,

the crime of Hindering Prosecution in the First Degree in violation of 97~9-IOS of the

Miss~ssippi Code, 1972, as amended, by conspiring to hinder the prosecution) conviction and
punishment of Cbristonher Butler fo Hinn~ Connty CaU$e Nutllberc 12 ~52 ond 12-83

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violation of 97.. 1.. 1 and 97-9-105 of the MississippiCode, 1972, as amen

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hinder the prosecution. conv1

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1972,asam.ended,and

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as District
Attomey for the Seventh Circuit Court District, Hinds Cowity, Mississippi,
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wilfully and unlawfully consult, advise and counsel defendant Christopher Butler, who was then
and there a defendant charged with a crime in the Seventh Circuit Conrt District, Hinds County,

Mississippi, by meeting with Christopher Butler at the Hinds County Jail outside the presence of
Butler's attorney, by later advising Butler's attorney in various ways to attack the State's pe.ing
case against Butler~ and by other means seeking the release of Butler from jail in violation of-
97-11~3 ofthe Mississirr Code] as

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dignity of the State. of Mississippi.

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E-Filed Document

Sep 9 2016 15:23:17

2016-AP-01079

Pages: 2

JEFF WEILL, SR.

HINDS COUNTY COURTHOUSE
P.O. BOX 22711
JACKSON, MISSISSIPPI 39225-2711

601 -968-6661
601-973-554 I FAX

CIRCUIT JUDGE
7TH CIRCUIT COURT DISTRICT
COUNTY. OF HINDS

JWEILL@CO.HlNDS.MS.us

June 16, 2016

The Mississippi Bar
Attn: Honorable Adam Kilgore
Post Office Box 2168
Jackson, Mississippi 39225-2168
Re:.Attomey Robert Shuler Smith
Dear Mr. Kilgore:
Pursuant to our phone conv'ersation a fow weeks ago, enclosed please find supporting
documentation concerning violations of Mississippi law and the Mississippi Rules of
Professional Conduct by Hinds County District Attorney Robert Shuler Smith. Pursuant to Miss.
Code Ann. 97-11-3, a district attorney who "shall, in any manner, consult, advise, counsel, or
defend, within this state, a person charged with a crime or misdemeanor or the breach of a penal
statute, he shall, on conviction, be fined in a sum not exceeding five hundred dollars, be removed
from office, and rendered incapable thereafter of filling any office of profit or honor in this
state." Id. One of Mr. Smith's former clients from his private practice, Donald Turner, was
recently indicted by the Mississippi Office of the Attorney General. During a sealed hearing,
Smith admitted to a conflict of interest and stated no objection to the case being investigated by
the Attorney General. Thereafter, the Hinds County Grand Jury returned two separate
indictments against Turner, which remain pending as Hinds County cause numbers 16-0-238 and
16-0-239. Recently, on June 10, 2016, Turner's counsel, Mr. Dennis Sweet, filed two motions
on Turner's behalf, which attached confidential e-mails regarding issues of grand jury secrecy,
which were printed from Mr. Smith's county email account, as is evident from the header of the
e-mails, a clear violation of Miss. Code Ann. 97~11-3. The motions and exhibits are attached
hereto as "Exhibit A."

In another matter, on May 11, 2016, Mr. Smith appeared in my chambers area at the
courthouse, where access is restricted to my staff members and the staff of Judge Winston Kidd.
Mr. Smith was not authorized to be in the restricted area, and after my clerk answered a loud
banging on her door, she opened the door to Mr. Smith, several DA staff members, an armed DA
investigator, and a WJTV news crew. He was seeking the immediate return the cell phone of his
administrative assistant which was taken up earlier that day by my bailiff after it rang during the
closing argument of a capital murder trial. Mr. Smith was instructed to leave the area several
times by my clerk, and then by me, but he continued to refuse. W JTV did not air the footage of
the incident and declined to provide a copy upon request. However, they agreed to preserve the
footage, and I urge you to request the same to aid your investigation.

EXHIBIT

Subsequently on May 11, 2016, Mr. Smith sent two threatening text messages to my
personal cell phone regarding the actions taken by my bailiff earlier that day. Copies of those.
text messages are attached hereto as "Exhibit B."
"A judge who receives information indicating a substantial likelihood that a lawyer has
committed a violation of the Rules of Professional Conduct should take appropriate action. A
judge having knowledge that a lawyer has committed a violation of the R11les of Professional
Conduct that raises a substantial question as to the lawyer's honesty, trustworthiness or fitness as
a lawyer in other respects shall inform the appropriate authority." Canon 3(D)(2), Mississippi
Code of Judicial Conduct. Please take whatever steps on behalf of the
you feel are necessary
for these rule violations. Again, I felt compelled, pursuant to Canon 3(D)K2), to bring this to your
attention, particularly due to the ongoing nature of the conduct. Please feel free to contact me
should further information be required. Thank you.

bar

Very truly yours,

~tJffJ
Jeff Weill, Sr.
Enclosures

E-Filed Document

Sep 9 2016 15:23:17

2016-AP-01079

Case: 25Cll:14-cv-09004-JAW

Document#: 20

Pages: 6

Filed: 06/23/2016

Page 1 of 6

IN THE CIRCUIT COURT OF THE FI~T JUDICIAL DISTRICT

HINDS COUNTY, MISSISSIPPI

IN RE: HlNDS COUNTY DISTRIF

I L E D

ATTORNEY

JUN 23a.AliLACTIONNO.

14- root/-

ZACK WALLACE, ORCULTCLERK

.C.

ADMINISTRATIVE ORDER OF IMMEDIATE TEMPORARY DISQUALIFICATION

OF THE B.INI)S COUNTY DISTRICT ATTORNEY1

BEFORE THE COURT is the unfortunate fact that the Hinds County District Attorney
has been arrested for criminal charges. Given the fact that the charges allege serious incidents of
improper, unlawful and unethical use of the Office of the Hinds County District Attorney by the
district attorney himself and considering that the charges relate to pending cases and to actions
before the Hinds County Grand Jury including improperly "using the power of the grand jury to
_pressure" judicial action the Court finds that the interests of justice require as follows:
While the district attorney, and all citizens> are eotit~ed to the presumption of innocence,
the district attorney's status as a public official and the undersigned's duty to uphold the
independence and integrity of the judicial system requir~s the administrative action ordered

herein. The district attorney faces at least six separate cfimtnai-charges-alleging"iliipfoper use of
his office. Thus, the undersigned finds that pending final resolution of those charges, temporary

administrative actions are necessary in light of the specific nature of the allegations against the
district attorney and based upon the documentation filed in support thereof. See June 22, 2016

Affidavit and Warrant, 25C01:16-cr-624. Pursuant to Miss. Code Ann. 97-11-3, Mississippi
'

law provides,that a district attorney shall not Hin any manner, consult, advise, counsel, or defend,
~,..

.ili~fj
Per Miss. Code Ann. 25-31-21: "It: at the time of impaneling the grand jury in any circuit cburt, the district
attorney be absent or unable to perform his duties or, if after impaneling of the grand jury, the district attorney be .
absent or unable to perform his duties or be disquallfied, the court shall forthwith appoint some attorney at law to act
for the state in the place of the district attorney during his absence or inability or disqualification, and the person
appointed shall have the power to discharge all the duties of the office during the absence or inability or
disqualification of the district attorney "
1

EXHIBIT

i. :...

Case: 25Cll:14-cv-09004-JAW

Document#: 20

Filed: 06/23/2016

Page 2 of 6

within I.his state, a person charged with a crime or misden;ieanor or the breach of a penal statute."

Miss. Code Ann. 97-11-3. If convicted of consulting with a criminal defendant, a district
attorney shall be filed and "removed from office." Id. (emphasis added). In Mississippi, district
attorneys are elected officials who serveas the chief criminal prosecutor and public officer of
their respective judicial districts. Mississippi law prescribes the duties of the district attorney to

"represent the state in all matters coming before the grand juries of the counties within his
disttict and to appear in the circuit courts and prosecute for the state in his district all criminal

prosecutions and all civil cases in which the state or any county within hls district may be
interested," :tvfiss. Code. Ann. 25-31-11.
District attorneys, as public officers, are also su];,ject to the Section 175 of the Mississippi
Constitution, which provides: "All public officers, for willful neglect of duty or misdemeanor in

office, shall be liable to presentment or indictment by a grand jury; and, upon conviction, shall
be removed from office, and otherwise punished as may be prescribed by law.'' Miss. Const
175. Just as the district attorney is liable for any willful neglect of a duty ofhis office: so are
circuit judges who willfully neglect the judicial office, including difficult judicial administrative
responsibilities. See Canon 3(C), Mississippi Code ofJudicial Conduct (A judge shall diligently

discharge adn1iI1i.strative responsibilities <'without bias or prejudice and maintain professional

competence in judicial administration .. ~"). Based upon the nature of the criminal charges
against the Hinds County District Attorney, which involve alleged abuses and neglect of duties

of the public office of district attorney such as consulting and aiding criminal defendants with
current pending indictments in Hinds County, the Court finds it necessary to issue a finding that
Hinds County District Attorney Robert Shuler Smith is hereby disqualified from participating in
the prosecution of any criminal case oi: proceeding on the undersigned's docket. 2 Given the
serious implications that ~e charges have upon the office of the Hinds County District Attorney
2

The undersigned does not intend, in any manner, to extend this ruling to the dockets of any other Hinds County

Circuit Judge.

2,

'1.

Case: 25Cl1:14-cv-09004-JAW

Document#: 20

Filed: 06/23/2016

Page 3 of 6

as a whole, this Court finds that temporary r~medial actiop. is necessary in order to ensure that
the integrity of the undersigned's extensiye criminal docket is not co~promised. This order of
disqualification is issued pursuant to

Ci:!):l.Oll

3 of the Code ofJudicial Conduct governing judicial

administrative responsibilities, an~ it is a temporary finding of disqualification, pending the

outcome of the criminal charges pending against the district attorney.
Grand juries co~duct lawful .criminal investigations and issue felony indictments upon
finding a true bill. When the indictment js returned to and received by the circuit court, the court
acquires jurisdiction of the particular case, and the "functions and powers of the grand jury as to
the indictment so returned are ended . , ." Fields v. Staie, 25 So. 726, 727 (Ala. ~899). The
indictment then becomes a pending case on the court's docket, and the court has the inherent
power and duty to control, manage, and dispose of the case. Mitchell v. Parker, 804 So.2d I 066,
1072 (Miss.App.2001) ("A trial court has inherent power to manage its docket and protect the

integrity ofthejudicialprocess."; Harrington v. State, 336 So.2d 721,724 (Miss. 1976) ("The
trial judge, not the district attorney, has control of the docket."). In a sincere effort to ''protect

the integrity of the judicial process" from any additional perceived impropriety, in concert with
the aforementioned finding related to criminal proceedings before the undersigned, this Court
further fmds that the Hinds County District Attorney Robert Shuler Smith shall be temporarily
disqualified from any and all participation, either directly or indirectly, in any grand jury
proceedings in Hinds County.
This additional temporary disqualification is made necessary by two central facts. First,

the state constitutional provision cited herein provides tha! the District Attorney may be
presented to the grand jury concerning his actions and inactions in office, creating an
unavoidable conflict of interest between the District Attorney and the grand jury. Second and
even more significantly, sealed proceedings in Cause Nos. 251-16-26 and more recently in 25116-355 and 251- 16-543) support this finding disqualifying the district attorney from all
3

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Case: 25Cll:14-cv-09004-JAW

Document#: 20

Filed: 06/23/2016

Page 4 of 6

proceedings and decisions regarding the grand jury. Based upon the extensive findings of a
sealed report by Special Master Amy Vlhitten and a Sealed Order of Senior Circuit Judge Tomie
Green, the district attorney has been engaged in improper use and abuse of the sacred grand jury

process. 3 Despite a clear ruling requiring regularity in the grand jury process, 4the improprieties
have continued very r.ecently, according to sealed filings submitted.earlier this week. The
undersigned simply cannot ignore the fact that the district attorney is taking actions consistently
contrary to the sacrosanct legal purpose of the grand jury. Accordingly, the undersigned finds

it necessary, under these unusually exigent circumstances, to disqualify the district

attorney from all participation and lmowledge in the grand jury process. This includes a
prohibition from participation by proxy through directing any district attorney staff

members. Due to the very confidential nature of the grand jury process, participation by the
district attorney while facing charges of consulting with indicted defendants, would further erode
the public's confidence in the system of justice and would protect the district attorney from any
additional accusations related to grand jury improprieties. The district attorney's participation in
the grand.jury while this conflict of interest exists would risk taint and invalidation of any proper
a;t made by the grand jury and further jeopiclize the secrecy of the proceedings.5
Importantly, district attorney staff members are not disqualified by this Order~ either

concerning pending cases on the undersigned>s docket or concerning grand jury matters, unless
3

"(P]ublic disclosure of matters presented to the grand jury is an issue of great concern and actions contrary to the
strict secrecy requirements [raise] serious ethical questions." Ex Parte Jones County Grand Jury, First Judicial
Dist. v. Pacific, 705 So.2d 1308, 1315 (Miss. 1997); See also URCCC 7.04; Miss. Code Ann. 97-9~53.
4

The district attorney elected not to seek appellate review of the sealed order, which clearly defined and upheld the
proper function and role of the grandjury. Accordingly, he has continued to act affirmatively and inconsistently
with that fint:11 order despite being legally bound by the ruling.

On June 22, 2016, just hours bis arrest, the di;trict attorney issued a press release wherein he improperly divulged
the identity ofa witness whom he clalms was subpoenaed to testify before the grandjUI)'. This unlawful public
disclosure further supports the temporary action taken by the court herein. Finally, the court notes that statutory
authority exists for the grand jury to be discharged at any time, in the court's discretion. Rather than ordering a
discharge (which would prevent the grand jury for conducting legitimate business related to the Hinds County
criminal justice system), the undersigned found It less disruptive to the defendants who have been bound over to the
grMdjury for presentation of indictment to simply enter this temporary disqualification of the district attorney to
protect the integrity ofthe pr9cess.

'

"-."

... Case: 25Cll:14-cv-09004-JAW

Document #: 20

Filed: 06/23/2016

Page 5 of 6

their actions are taken in concert or at the behest of the district attorney. However, the assistant
district attorneys are specifically cautioned that any grand jury action or proceeding must relate
to a lawful grand jury investigation and not made to serve in retaliation, in any manner, for the
district attorney's recent criminal charges and arrest. "Grand juries are not licensed t-0 engage in
arbitrary fishing expeditions, nor ~ay they select targets of investigation out of malice or an
intent to harass." U.S. v. R. Enterprises, Inc., 111 S.Ct.122, 727 (1991).

IT IS, THEREFORE, HEREBY ORDERED AND ADJUDGED that the.Hinds

County District Attorney is hereby disqualified per Miss Code Ann. 25-31-25, as ordered herein.
Though the disqualification does not extend to district attorney staff members, the undersigned

wiU defer to Senior Circuit Judge Tomie Green as to whether the appointment of a temporaxy
acting district attorney per 25-31-25 is necessary.

IT IS FURTHER, HEREBY ORDERED AND ADJUDGED that the circuit clerk shall
publish. a copy of this Order to the District Attomey, all Assistant District Attorneys and staff
members via personal service and via email and a copy shall be placed on the door of the grand

jury room inunediately upon filing. The circuit clerk shall also provide a copy of the order to
each currently empaneled grand juror, either in person if in session or via mail if discharged, and
file a certification con:funting the personal service of the district attorney and all district attorney
staff members and confirming service of each grand juror. Finally, the circuit clerk ~hall provide
a copy of this Order to the other circuit court judges and to the Hinds County Sheriff for
enforcement, particularly to the Court Bailiff currently attending the grand jury and to any other
Bailiff who the Sheriff designates. The circuit clerk may request assistance from the Hinds

I,

'

~::i ,.-..

Case: 25Cll:14-cv-09004-JAW

Document#: 20

Flied: 06/23/2016

Page 6 of 6

County Sheriff to safely and eff~ctively accomplish the personai ~erviqe_ ~equ-f}n;ients qrclered

herein. 6

@.
SO ORDERED AND ADJUDGED this the _zzday of June, 2016.

~cJ,tft/L
~

IRGUIT

GE

--

If the district attorney or any :stiiffmemb'er attempts to violate.this order of-the Court, the.Sheriff'shall take
imrrieaiate action to enforce.this order and the securityofthe courthouse including removing the district attorney
from the grand jury meeting room, if necessary,