Monday, April 2, 2012

Judge Green now top cop of the Courthouse?

Judge Green issued the following order, on firarms in the courthouse last week:





24 comments:

Mark Geoffriau said...

Interesting. I'm assuming this is in response to the recently-passed House Bill 506 that created an "Enhanced Carry Permit" that included the authorization to carry a firearm in courthouses with the exception of courtrooms during judicial proceedings.

Anderson said...

Interesting. Not my area of law, but I would expect that the court's inherent powers cover the whole courthouse, not just the courtroom.

I am at something of a loss to think why the Legislature wants to encourage concealed carry in courthouses. I guess it's on the general theory that guns make everything more special.

Anonymous said...

Anderson,

Nice play on words. "Encourage"?

can someone explain the ambiguity of no one except the law can carry..... then stick in "others authorized.... as is authorized by Mississippi law."

The new Mississippi law specifically authorizes those "others" which renders this order moot.

Anonymous said...

Hard to tell when it is Tomie in robes versus Bennie in drag.

Anonymous said...

"Bennie in drag" .

That's a good one.

Anonymous said...

Mark is right. Anderson is wrong. Under state law that's an illegal order for those with the enhanced CCW permit qualifications, except in courtrooms while a judicial proceeding is in progress. Judges have no authority to prohibit any non-convict from doing anything specifically authorized by state law. Judge Green has a long history of gun control efforts and she should be censured and the order overturned.

Jeff P.

Anderson said...

I hope someone challenges the order in court so we can learn what the right answer is. I would've thought the court's inherent powers extended to rules about the courthouse, but I could indeed be mistaken.

Mark Geoffriau said...

The language in the bill reads like this:

This section shall in no way interfere with the right of a trial judge to restrict the carrying of firearms in the courtroom.

Emphasis mine.

Curt Crowley said...

If anyone has an enhanced concealed carry permit and would like to do their part to help protect the Second Amendment, I am always game for a worthy pro bono project.

Curt Crowley said...

Anyone wanting to challenge this modern art masterpiece of an order can reach me at 601.944.1984 or curt@thecrowleylawfirm.com.

Anderson said...

Correct, Mark. My question goes to the court's inherent powers, which are insulated from legislative interference by the first two articles of the state's constitution.

I don't know how far those inherent powers extend, and possibly no one else will either until the MSSC rules on this issue.

So I encourage one of you concealed-carry enthusiasts to get arrested at the Hinds County Courthouse and file suit. Let us know how it comes out!

Anderson said...

"this modern art masterpiece of an order"

Abstract Expressionist jurisprudence? Just slathering some toner on the page?

Anonymous said...

A judge can place all sorts of reasonable restrictions on otherwise legal activity in and around courtrooms - including the courthouse and parking areas.

Move on folks. nothing to see here. Many judges in the state have entered similar orders.

Curt Crowley said...

Welcome Judge Green apologist.

It is not a "reasonable restriction" when the order directly contradicts an Act of the Legislature. The Legislature made the decision that a person with an enhanced concealed carry permit can carry in the courthouse, just not in a courtroom when court is in session. Period. The Legislature made no exception for activist judges like Tomie green to make her laws that contradict the statute.

You probably picked the wrong venue to be telling folks to "move along."

Anonymous said...

Agreed. Nothing gives judges the power to legislate. The legislation was passed by the legislature, it specifically says those people "...SHALL (emphasis mine) also be authorized to carry weapons in courthouses except in courtrooms during a judicial proceeding...", and the judge has issued her own repeal of that law, apparently in the absence of a case challenging the law.

That's a pretty serious offense.

Anonymous said...

Agree with 9:39pm. This is not a Judge Green issue. Many districts in the state have done the same thing. Note the new law does not allow guns to be carried in the statehouse. Anybody want to challenge that law?

Ever been in a courthouse? Are the bailiff's supposed to enforce this by assigning a deputy to each gun carrier and follow them around or should the Sheriff post additional deputies at each courtroom door? It's not financially or logistically feasible.

The litigants are usually milling about in the hallways when not in court. Great place for a ticked off divorce case party to vent his/her anger.

Please take Judge Green out of this and make the argument why this is a good idea in any courthouse in this state.

Mark Geoffriau said...

10:20 -- We can debate whether or not it's a good idea, but that's not what's being discussed here. The issue right now is whether it's legal, and since Judge Green is the one attempting to circumvent state law, it absolutely is a "Judge Green issue."

Curt Crowley said...

10:20am, the place to debate the wisdom of the law is the Legislature. The Legislature makes the laws. Got a problem with enhanced conceal carry permitees carrying in the courthouse? Take it up with the Legislature. Got a problem that they can't carry at the Capitol? Take it up with the Legislature.

It is not the place of the judiciary to enact "laws" just because a particular judge does not want to follow those passed by the Legislature and signed into law by the Executive.

It absolutely is a Judge Green issue, as she appears not to have much use for the whole "separation of powers" thing. See her attempt at usurping the statutory power of the Sheriff, for further proof.

Curt Crowley said...

Two people have mentioned that other judges in the State have entered similar orders, yet did not name them.

Could you please identify the circuit or chancery court judges or districts that have entered similar orders?

Anonymous said...

Mr. Crowley

Rankin and DeSoto come to mind. Very conservative districts.

Anderson said...

Now that I think of it, I can't even carry a cell phone into the Madison County courthouse ... I somehow doubt they're going to let me through the metal detector with a pistol.

"Oh, it's okay Officer, I'm not going into the courtroom ... say, where are the judges' chambers?"

... Curious: is concealed-carry legal in the Capitol?

Curt Crowley said...

10:20, the answer to your inquiry as to what the bailiffs are supposed to do is as follows:

Not a damn thing.

It is none of their business if a law-abiding citizen is lawfully carrying a firearm. None. A government official who does not trust a law abiding citizen with a firearm is a government official who cannot be trusted.

And let's face it, all this concern by some about courthouse safety smacks of an overinflated, egotistical view of one's own importance. She's a circuit judge, not a Saudi princess.

As a Hinds County resident, I find it appalling that Tomie Green pisses away taxpayer resources with nonsense like this. She needs to spend her time doing the job we are paying her to do, not creating yet another phony controversy by exercising authority that exists only inside her head.

I also wish she would show half as much concern for public safety as she does her own. Example: sentences imposed on violent animals like Anthony demon jones and the child rapist who was profiled here not long ago.

Anderson said...

Curt, any bites on your pro bono offer? I'd like to see this litigated ... not enough to apply for a CC permit though!

Curt Crowley said...

Anderson, I have had some contacts. As is often the case in situations like this, we need the so-called "perfect plaintiff."

Btw, when I described the order as a modern art masterpiece, I was thinking more along the lines of Full Metal Jacket, when the drill instructor told Private Pyle "You're so ugly you could be a modern art masterpiece."



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