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Despite bribery charges, Mississippi attorney general, other officials may remain in office
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Despite bribery charges, Mississippi attorney general, other officials may remain in office

Major corruption allegations have rocked local government in Mississippi’s capital, with potentially significant implications for the local legal system.

During Thursday’s hearings, federal prosecutors CHARGED Hinds County District Attorney Jody Owens, Jackson Mayor Chokwe Antar Lumumba and Jackson City Councilman Aaron Banks with a string of bribery and corruption charges.

All three pleaded not guilty and were released pending trial.

The charges stem from a undercover sting operation in which FBI agents posed as real estate developers and allegedly offered bribes to gain the support of local officials.

Former Jackson City Councilwoman Angelique Lee and local businessman Sherik Marve’ Smith previously pleaded guilty to corruption charges as part of plea deals.

All three officials indicted Thursday have influence over the local legal system in Mississippi’s largest city and county. Owens is the county attorney with huge power over felony prosecutions in a county that has struggled with violent crime, a backlog of cases and a troubled jail.

Lumumba appoints Jackson police chief. Lumumba fought against the creation of a state-controlled police force with jurisdiction in certain areas of the city, as well as a special state-controlled court for those areas. His beleaguered legal position can only strengthen efforts by state leaders to exert more control over local politics in the state capital.

Banks, as an adviser, votes to confirm or reject Lumumba’s appointments, including the police chief. The city council also sets the budget for city government departments, including the police department and municipal court. The Jackson City Council may impose other policies, including a controversial youth ban policy which came earlier this year.

Can Owens, Lumumba and Banks stay in office while facing criminal charges?

Yes. While the Mississippi constitution forbid anyone who has been convicted of nearly all crimes in elected office, nothing requires a person to resign or take a leave of absence from work prior to a conviction.

Owens indicated Thursday that he has no plans to resign. Instead, he he said he would fight what he called a “flawed FBI investigation” and said, “I will come back to protect Hinds County and be the prosecutor you elected me to be.”

Owens’ predecessor, Robert Shuler Smith, faced multiple state prosecutions during his tenure in elected office and never resigned. None of the charges brought against him by then-Attorney General Jim Hood have resulted in a conviction.

In 2016, then-state Rep. Nick Bain submitted a bill which would have created a process for removing local officials from office following an indictment, but that bill never moved forward.

The state constitution allows people convicted of manslaughter and state or federal tax crimes to hold elected office.

What if Owens resigns?

Owens was most recently elected in 2023 to a four-year term that began in January 2024 and will run through the end of 2027. If he is not convicted before then, he can complete the entire term and even qualify from new for re-election. If he were convicted or pleaded guilty before the end of 2027, he would be removed from office.

On Thursday, U.S. District Court Judge Daniel P. Jordan set a trial date for Jan. 6, but delays in criminal cases are common.

If Owens resigns or is ousted with more than six months left in his term, Gov. Tate Reeves will appoint someone to replace him until a special election is held. Special elections to replace a prosecutor are generally held on an as-needed basis in November of each year.

If Owens were to step down now, that means a governor-designate would serve as Hinds County district attorney for one year until a special election in 2025. Any candidate who qualifies could run in the special election to fill his term, including the representative appointed by the governor.

If Owens were to resign or be removed from office with less than six months left in his term, the governor would simply appoint someone to fill his term, and the winner of the regularly scheduled general election would take over at the start of the next term .

What would happen if Lumumba or Banks resigned or were removed from office?

The current terms of both Lumumba and the Bank end next year, with general municipal elections set for June and new terms starting in July.

Lumumba said Thursday that he will continue to run for re-election. Banks declined to answer questions about whether he plans to stay on or seek another term.

If either Lumumba or Banks were to resign with less than six months left in their term, state law requires that the Jackson City Council would replace any of the interim appointees serving the remaining months of their terms.

If any were to resign or be dismissed before the end of 2024, the City Council would have to call a special election to fill the vacancies.

Can voters remember Mississippi’s elected officials?

Mississippi has an obscure and highly circuitous recall process, but only for county officials, despite several unsuccessful efforts to extend the law. State Sen. Jeremy England, a Gulf Coast Republican, filed some of those bills and said he did not believe a district attorney could be recalled under current law, but could have been recalled under a bill he previously tabled. .