Addressing the responsibilities as alderman is more difficult than many of those who run for office might think. But they are forced to learn fast.  A candidate who is not an incumbent goes from being John Q. Public to an authority on municipal government within 24 hours.

The Mississippi Municipal League, The Stennis Institute of Government, and numerous other groups attempt to aggressively train aldermen in order that they may legally and effectively operate within their city government.  So folks are teaching……but who is listening?

The Mississippi Code sections on approving claims dockets are clear.  So are the liabilities for authorizing illegal expenditures.  The federal law is clear on protected classes, such as individuals with disabilities.

It may be time for “Alderman 101″.

At this point, Attorney General Jim Hood has obtained a temporary restraining order and injunctive relief from Circuit Court Judge Tomie Green based on his ability to demonstrate that “there is a substantial likelihood of success on his claim that the subject pardons violated Section 124 of the Mississippi Constitution….[that] there is a sufficient threat of irreparable injury should the subject individuals be released based upon the purported gubernatorial pardons….[and] that the threat of injury sufficiently outweighs any potential threat posed to the defendants by granting the request for injunctive relief.”  Jim Hood v. Christopher Epps, et al, Hinds  County Circuit Court, First Judicial District #251-12-00033(w).  Several District Attorneys have also indicated their desire to effect injunctive relief.  Governor Bryant has indicated that he would support legislation or a constitutional amendment to limit executive clemency powers, and among others, Representative David Baria, District 122, a Democrat from Hancock County, has filed a bill to limit executive clemency.

While the clamor will not subside for quite some time, actions to limit executive clemency power should not be considered in such an emotionally charged environment.  While these particular pardons may appear as excesses, it is perhaps worth noting that executive clemency has a long history both in our democracy and English common law, as well as other democracies that derived their parliamentary law from the British colonial model, all somewhat derivative from the Greek model.   The fact that “it has always been done that way” does not make it right, but it does give us a panoply of history and tradition to consider.  While the ancient Greeks gave the power to pardon to the Ecclesia (assembly, legislature), allowing it to annul verdicts of the Discasteries (courts) [Executive Clemency in Capital Cases, 39 NYUL Rev. 136 (1964)], essentially this same power was given in England to the King in order for him to ameliorate injustice or grant mercy.

The three historical rationales which establish justification for clemency are these:  1 – unrestrained mercy, needing no pretense of fairness; 2 – a quasi-judicial rationale suggesting that those given authority and power over clemency may consider factors that were not presented or considered by trial judges, juries or appellate courts; and 3 – a retributive concept, intending that only the most deserving among murders are executed.  An authority no less important than the U.S. Supreme Court, in speaking to the issue, noted:  “Clemency is deeply rooted in our Anglo-American tradition of law, and is the historic remedy for preventing miscarriages of justice where judicial process has been exhausted.”  Herrera v. Collins, 113 SCt 853, 866 (1993).

While it may be argued that there was no miscarriage of justice to be remedied in former Governor’s acts of clemency, amendment or limitation of executive clemency power is a decision that should be based on rational consideration and not the tide of emotion.

The preliminaries of the session are over.  We are entering week 2 and the work begins.  How will the GOPs shape our state?  And how will the Dems adjust to their new position of “sho’ nuff’” loyal opposition?  Everyone will be feeling their way for a bit.  I am looking for an exhibition of grace and civility on the part of all legislators as they make this adjustment.

It’s a new era in Mississippi!

But Betty Ford – Betty Ford was real, and she didn’t mind sharing her foibles with the nation.  Why?  Because it might help others.  Her battle with breast cancer raised visibility for this debilitating and often deadly disease.  While many women have difficulty coping with prostheses for the breast, Betty Ford talked about hers!  And through the spotlight which followed her and her illness, thousands of American women made mammogram appointments and began a “tradition” of regular mammograms. There can be no statistics on lives saved as a result of Betty Ford’s breast cancer, but there would have been no lives lost if she hadn’t believed in the strength of sharing her troubles in order to save others.

The same thing with abuse.  Whether it is alcohol, prescription pain medication, illegal drugs or any scheduled substance, abuse of the “self-medication of choice” is often just as deadly as breast cancer.  With normally much more of a social stigma.  If a first lady can say:  “yes, I have an addiction problem” and “I’m going to get help”, this in itself must have made the act of acknowledgement and obtaining treatment less difficult for others.

Think of the legacy of the Betty Ford Clinic.  It’s cultural shorthand for getting treatment.  And the ultimate result is terrific.  Thank you Betty Ford.

http://www.jacksonfreepress.com/index.php/site/comments/jfp_person_of_the_day_lydia_quarles_011111/

I’m the Jackson Free Press Person of the Day, talking about the Women & Applied Politics Seminar being held on Saturday, January 15 at the state capitol in Jackson, beginning at 8 a.m.  The seminar is co-sponsored by the Stennis Institute and the Mississippi Commission on the Status of Women, along with our supporters, the Stennis Center, the Foundation for the Mid-South, and Newk’s of Jackson.

A limited number of seats remain available.  Registration is $75.  If you are interested in attending at this late date, please email me at lydia@sig.msstate.edu.

I was listening to the radio today (don’t know the station, can’t remember the speaker — except that he was a professor at James Madison University) and I had to laugh (and agree) with the professor’s comment:  “If we are betting on whether Washington will change them, or they will change Washington, my money’s on Washington.”  Mine, too.

As luck would have it, the new health care law and the courts have nixed the Arizona plan.  Arizona must continue to cover adult children and gay partners of state employees.  The heterosexual domestic partners will bear the burden of this money saving legislation.  Arizona plans to appeal the court decision to the 9th Circuit Court of Appeals.

Initially, Arizona would have restricted eligibility for benefits to all except a state employee’s spouse, a child under the age of 19, or a child under the age of 23 who is a fulltime student.  The new healthcare act requires all adult dependents younger than 26 to be covered regardless of financial dependence, residency with parent, student status or marital status.  Only an adult dependent who is eligible for health care through his own employer is exempted.

The philosophy behind restricting eligibility to heterosexual domestic partners seems to be that “they can get married”.

While the ultimate result may not be what the Arizona legislature intended, it’s a budget cutting method just the same.

The Tea Party of Mississippi (subtitled the DeSoto Tea Party) had, in November of 2010, 3,476 members from all over the state of Mississippi.  I’m sure by now that membership has increased.

I believe that Mr. Daniels also founded, or assisted in the founding of The National Coalition of Tea Parties of America, which is active in at least 7 states with membership of over 20,000.

It is difficult to get exact information on the Tea Parties because of their fluid organization, and I thank Mr. Daniels for contacting me.  I will pass on one other piece of information:  “This is not ‘a steal your identity’ thing.  We want to unify our state.”