MS High Court Hears Arguments on Legality of Pardons

Reported by: Shelley Orman
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Updated: 2/09 5:38 pm
JACKSON, MS (abc24.com) - The Mississippi Supreme Court heard arguments Thursday on whether former governor Haley Barbour's pardons were legal.

Barbour issued more than 200 pardons as he left office in January; four of those people were convicted killers.

The justices started the hearing saying no decision would be made that day, but there was plenty to debate. The two main arguments: one, whether the court has the power to even judge these pardons, and secondly, whether or not the pardons were legal.

"Any governor in the next hundred years is going to hear about this case," stated Mississippi Attorney General, Jim Hood.

It's the first time pardons have been judged like this in Mississippi. The Supreme Court is taking its time going over the issues; the 9 justices could be breaking new ground.

A lawyer representing three of the convicted murderers, John Fortner, argued Barbour's decision is the only one that matters. He told justices the court has no authority to question the governor.

"I believe governor has power to reach into prison, pull out a bunch of people and pardon them," he stated to the court.

The Attorney General replied, someone has to keep the governor in check. "There are some who believe the governor is a king," he said.

Hood also argued there wasn't proper notice of the pardons. According to the state constitution, they must be published in local papers at least 30 days before an inmate's release. In most of the 215 pardons by Barbour, that didn't happen.

Hood told abc24.com, "There are 22 people we believe were properly published, the others didn't."

The Supreme Court is expected to make a ruling on whether the pardons can be challenged. Justices have not said when that will be.

If they declare them illegal, the case would go back to a lower court and hearings will likely be held for each case. The pardoned inmates would return to prison during those hearings.

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