Mississippi Trusty Program and Pardons: Why is America fascinated?
In a recent interview with CNN, Tiffany Ellis Brewer appeared to say what the media has been thinking for the past twelve weeks, "It takes 12 people to put somebody in prison and one man (the governor) gets to release him because he gave him a good car wash or served dinner right." Bear in mind, Ms. Brewer was referring to former Mississippi Governor Haley Barbour's decision to pardon five individuals who served on his trusty program at the Governor's mansion. By the end of his term as Governor, Barbour granted pardons to over 200 individuals.
But with the recent media swarm around Barbour's last minute pardons, the pardon process in Mississippi has also been scrutinized. As the current Mississippi Constitution reads, the Governor is allowed to grant pardons in all criminal and penal cases- except those involving treason and impeachment. The Mississippi Constitution forbids the Governor from issuing pardons prior to an individual's conviction. Should the Governor grant a convicted felon a pardon, then written notice and reasoning behind the pardon must be published in the county where the crime occurred thirty (30) days prior to the felon's release. In the case of criminal convictions, victims of the crime have the right to be notified and submit a statement to be considered during the pardon process. Once the pardon is granted then two copies of the pardon must be filed with the Mississippi Secretary of State. One copy remains at the Secretary of State and the other is sent to the Circuit Clerk where the pardoned individual was convicted.
As Ms. Brewer's quote suggests, it appears American media outlets have latched on to the trusty program and the fact five individuals were able to benefit from their time spent working near the Governor. After all, it garnered those pardons and national attention. With media outlets and talking heads raising eyebrows at the program, Mississippi legislators have joined in the fray as well. As a result, it appears this trustee program may be on its way out in Mississippi.
Representative David Baria of Bay St. Louis is introducing bills in the House in order to do just that. Part of Baria's overhaul prohibits convicted murderers from serving as trustees. However, the trustee program already denies access to individuals convicted of sex crimes, who have been sentenced to a life term, those who have found guilty of possession or trafficking certain drugs, and apparently those convicted of homicide or attempted homicide. Baria also hopes to overhaul the pardon system in Mississippi with his proposed legislation. Another bill asks the State to provide not only notice but also hearings to the public when an individual is up for a pardon. More than that, Baria also suggests amending the Mississippi Constitution to prohibit the Governor from issuing pardons during the final ninety days he or she serves in office.
Time will tell if these proposed legislations will pass in Mississippi. But it appears the scrutiny given to Mississippi's pardon system and former Governor Barbour's 200+ pardons will continue to be a topic of national debate for a little while longer.
In the wake of an unprecedented wave of pardons and reprieves in Mississippi, Attorney General Jim Hood has asked Hinds County Circuit Court Judge Tomie Green to to 
