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Supreme Court issues EMERGENCY ADMINISTRATIVE ORDER 8
April 23, 2020
The Mississippi Supreme Court on April 23 entered EMERGENCY ADMINISTRATIVE ORDER 8 regarding judicial review of conditions of release of pre-trial detainees.
The order is at this link: https://courts.ms.gov/appellatecourts/docket/sendPDF.php?f=700_495286.pdf&c=91465&a=N&s=2.
The Supreme Court denied temporary modification of Rule 8.5(c) of the Mississippi Rules of Criminal Procedure, which had been requested by the State Public Defender.
Chief Justice Michael Randolph, writing for the Court, said in the April 23 order:
“After due consideration, the Supreme Court and the Chief Justice, in his capacity as chief administrative officer of all courts in the state, find that this motion should be denied.
Nonetheless, in light of the dangers created by Coronavirus (COVID-19) within the unique context of detention centers, the Supreme Court and the Chief Justice, in his capacity as chief administrative officer of all courts in the state, find that the following action is warranted in all districts and counties which have not conducted a review of conditions of release of all pre-trial detainees within the past thirty (30) days:
(A) Within seven (7) days of the entry of this Order, the official(s) having custody of pre-trial detainees shall provide the senior circuit judge, the district attorney, the clerk of the circuit court, and the local senior public defender the names of all pre-trial detainees in their custody, the charge( s) upon which they are being held, and the date they were most recently taken into custody.
(B) Within fourteen (14) days of the entry of this Order, the senior circuit judge, or such other judge as the senior circuit judge designates, shall review the conditions of release for every pre-trial detainee who is eligible for bail. The real or potential impact of Coronavirus (COVID-19) within an individual detention center may be a consideration when reviewing such conditions of release.”
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