EN BANCHaving had my own appellate-record adventures with that office, I welcome this move, while anticipating that little or nothing will change as a result.
2011-CA-00167-SCT
T. Jackson Lyons & Associates, P. A. v. Precious T. Martin, Sr. & Associates, PLLC; Hinds Circuit Court 1st District; LC Case #: 251-10-140; Ruling Date: 12/09/2010; Ruling Judge: S. Harrison; Disposition: The "Motion to Compel Circuit Clerk to Transmit Complete Record and to Stay Briefing Schedule" and the "Appellant's Response to Circuit Court's Findings on Remand and Motion for Further Remedial Relief" filed by T. Jackson Lyons & Associates, P.A., are granted in part and dismissed as moot in part as discussed herein.
On or before March 20, 2012, Honorable Tomie T. Green, Circuit Judge for the First Judicial District of Hinds County, Mississippi, shall calculate and impose the sanctions against the circuit clerk for her failure to comply with Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. This amount shall be paid by Dunn personally and shall not be paid from an account containing public funds.
Barbara Dunn immediately shall provide adequate training and education for all of the employees in the office of the Circuit Clerk of Hinds County, Mississippi, as provided herein. The circuit court shall conduct an additional hearing to determine whether Wells falsely testified and, if so, take appropriate action. The Clerk of this Court shall send copies of this order to Barbara Dunn, Circuit Clerk of Hinds County, as well as her employee, Loretta Wells.
The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition). Waller, C.J., not participating. Order entered.
Possibly Dunn's best ploy is to sue for ADA relief, on the grounds that she suffers the disability of being one of the Un-Dead and is thus hampered in her ability to supervise the clerk's office during normal business hours.
And there was that near-fatal accident when some new employee forgot to draw all the shades:
That was a close one.
... Proof of Dunn's vampiric state! According to the Clarion-Ledger in 2004, Dunn had "413/4 years" of state service. That adds up to 110 years as of now, not even counting her lifespan before entering state service.
I mean, what's more likely: that she's a vampire, or that the Clarion-Ledger would print a typographical error?
... More photographic evidence:
Is she hypnotizing Judge Gowan with her mesmeric stare?
The people who vote for her have never tried to obtain anything from her office. The last time I popped by to review a record ready for appeal, I asked for its whereabouts and Loretta, I believe, pointed most unhelpfully toward one end of the office where I wandered aimlessly between stacks of files stuffed everywhere. Some were on shelves but the shelves were unlabeled. And god help the person who suggests the employees might try and help them. You'll interrupt that morning's gossipfest. Jane
ReplyDeleteSimilar experience here, Jane. And don't get me started on their "get an order from a judge or else you can't have the record" nonsense, which I think is a violation of the MRAP.
ReplyDeleteYou should hear my best friend on the subject of Loretta. I don't think my friend has done a single appeal from Hinds County without tangling with her. I voted for Mumford last go 'round even though my experiences with Judge Wingate's office weren't any better ("Oh, we forgot to tell you the trial you showed up for TODAY has been postponed. You didn't work all weekend did you?"). I just hoped that that was more about her boss than Mumford.
ReplyDeleteAnyway, we deserve better. Jane
Yah, I really don't understand why the Hinds legal community didn't work to get Dunn replaced. I guess someone likes her.
ReplyDeleteThere's one person in that office who is very helpful but I won't disclose his/her name for fear it will get that person fired. You may know of whom I speak. Jane
ReplyDeleteNo, anyone helpful down there has stayed concealed from me. But that's so sad: being known to be helpful ----> getting fired.
ReplyDelete... Anyway, it really is conceivable that part of the problem is no one down there's even read MRAP 10 and 11. Maybe their "training" will involve that. Dunn should have to pay Luther Munford to go down there for an hour and lecture them.
That would be punishment. Jane
ReplyDeleteThis blog post is factually incorrect and thus irresponsible. Take a closer look at Ms. Dunn's photo. She clearly is not a vampire. She's a ZOMBIE!
ReplyDeleteAu contraire. Zombies live on brains, and confined as she obviously is to the dark vaults of the clerk's office, she would have starved long ago.
ReplyDeleteI'm told repeatedly by the Lee County Circuit clerk's office I need to petition the court to get a copy of a defendant's statement used at trial. They suggested I go to the police files to get it or they say I have to go through a lawyer or BE a lawyer. Everytime I call, it's different. What I want is to see the actual exhibit that was entered into evidence and sent back with the jury. Unredacted copies with impermissible information were passed out to the jury by the DA and circulated throughout the courtroom unaccounted for and confusion surrounding which copy was entered into evidence still leaves my blood cold. So far can't get any cooperation from the clerk. Oddly, the statement never went with the record on appeal even though it was designated. Every time I talk to the clerk it's attitude and/or belligerence. They seem to make up the rules as they go and when they can't think of anythng, become evasive and snotty. Maybe it's my accent or the carpet bag I carry
ReplyDelete"They seem to make up the rules as they go"
ReplyDeleteThere's the right way, the wrong way, and the clerk's way.
If the exhibit's not sealed, it should be part of the court file.
Anyway, are you counsel on appeal? If so, the MRAP allow you to point out the deficiency in the record and get it fixed. Let the MSSC lean on the clerk for you.
NOTE: This comment is not legal advice, does not create an attorney-client relationship, and is probably not even written in the English language.
(smiley face)
ReplyDeleteNo I'm not counsel, but I'm working with counsel (paralegal).
The second clerk said it was probably sealed and that was why the first clerk denied my request. But after determining it was not sealed there was a whole new list of reasons and finally that I needed permission from the judge, case closed.
Interestingly, the Circuit Clerk answered IDK to most of my questions, even though when she ran for the job she said she knew more than anyone including her opponent about running the clerk's office and was the most qualified for the job because of her experience. hmmm....but when I asked her seemingly simple procedural questions about how the record is compiled, she didn't know. She didn't know why the statement was not sent and more importantly she was out of time.
Wellll... I had the audicity (or stupidity) to call back a few more times and found out from a rank & file person the statement didn't go with the record on appeal because they don't mix criminal and civil files and pcr is civil and the statement was part of the criminal file and needed to be designated separately. (Why didn't they just say that the first time?). She put the blame squarely on counsel for not checking the record before it was sent and suggested I go complain to her. I mean, how does one argue with that?
It would seem the COA would have had a copy of it from the direct appeal as they quoted from it but maybe they don't look in past proceedings for things they don't have in front of them, understandably.
Anyway, I'm babbling again.
Dear Babbling,
DeletePerhaps if Ms Dunn weren't so busy preparing breakfast for Pete she would have had more time for assisting with your needs. Or perhaps it was nearing the lunch hour and she had an important date, thereby, answering with IDK was quicker than actually performing the job she was elected (by a narrow margin) to do.
Some sort of motion to supplement the record seems to be called for. Good luck!
ReplyDeleteyes, I think it' a good idea.
ReplyDelete