Mississippi from the Inside Out
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Who Are We?
There is danger from all men. The only maxim of a free government ought to
be to trust no man living with power to endanger the public liberty.
-- John Adams
Copyright 2000-2009. Bay Israel Chitrikar Keller Iglesias . All rights reserved.
- How do we know that Judge Hudson always knew that he was a participant in interstate kidnapping, that it was never legal for him to order interstate transportation of a New York minor child then illegally in Louisiana, under color of law, to Wilton Hoggatt, who was then harboring sex offender Andrew Allbritton, prior to any hearing in his court? Because the attorney general told him so. Would you have gotten that feeling from this Mississippi Attorney General's opinion? No Mississippi case was ever filed, that's why Adams County Circuit Clerk Vines, and Judge Hudson, and the Mississippi Attorney General concealed court documents, which is a federal SOX violation.
DOCK 1999-0240
AUTH Pat Flynn
DATE 1999052
RQNM John Hudson
SUBJ Youth Court
SBCD 101
TEXT Hon. John Hudson County Court Judge P.O. Box 1371 Natchez, MS
39121
Dear Judge Hudson:
Attorney General Moore has received your request for an opinion and has assigned
it to me for research and reply. You ask several questions involving the
responsibility of a county sheriff to transport children who have been ordered
by the youth court to
receive assessment/treatment at a private or public facility. (Letter attached).
Your specific questions were:
1. Is the sheriff obligated to transport the child in accordance with that order
2. Does the fact that the court orders the assessment/treatment at a private
facility have any impact on the responsibility of the sheriff to transport?
3. If the case was an abuse/neglect adjudication, and the child is ordered to an
assessment/treatment at such facility, and the court determines that safety
issues require law enforcement transporting, and the court orders the said
transportation by the
sheriff's office, is the sheriff obligated to transport in accordance with that
order?
4. If not, what options are available to assure the safety of Human Services
personnel or other custodial personnel when there has been determined that a
safety hazard exists?
In answer to your first three questions, please see the attached opinion to Hon.
William S. Agin dated March 2, 1994. In this opinion, while it is stated that there
is no authority for sheriffs to transport children to out-of-state facilities,
it is also
noted that the sheriff's duty to "execute all orders and decrees of said
courts directed to him to be executed," pursuant to Sections 19-25-79 also
applies to the county court. See M.C.A. Section 19-25-35. It is our opinion that
the sheriff must execute
the lawful orders of the youth court judge.
The youth court judge has the authority under the Youth Court Act, specifically
Section 43-21-605 to place a delinquent child and under Section 43-21-607 to
place an abused or neglected child, in "any public or private organization,
preferably
community-based, able to assume the education, care and maintenance of the
child..." An order for the transportation of the child who has been
adjudicated delinquent or abused/neglected into any public or private facility
would fall within the meaning
"lawful orders of the youth court judge."
Applying the prior opinion to Judge Agin and the authority given by the Youth
Court Act to your questions, it is our opinion that the sheriff is obligated to
transport delinquent or abused/neglected children to public or private
facilities within this
state in accordance with youth court orders. This answer to questions 1-3 makes
an answer to your question number 4 unnecessary.
If we can be of any further assistance, please let us know.
MIKE MOORE Attorney General
By: Pat Flynn Assistant Attorney General
- How about his finding on the record that he could order or legitimate a prior interstate transportation of a minor without following the Compact for the Interstate Placement of Children? The Mississippi Attorney General's Office cited the opinion below in its Opinion to Judge Hudson above.
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- How do we know that Judge John Hudson knew that there was no charge for youth court subpoenas?
| Mississippi Code : TITLE 43 PUBLIC WELFARE : CHAPTER 21 YOUTH COURT : PROVISIONS APPLICABLE TO ALL PROCEEDINGS : § 43-21-205. Court costs and fees. |
DOCN 000002696
DOCK 1993-1006
AUTH Larry Stroud
DATE 19940323
RQNM John Hudson
SUBJ Youth Court
SBCD 101
TEXT Honorable John Hudson County Court Judge P. O. Box 1371
Natchez, MS 39121
Re: Youth Court Process
Dear Judge Hudson:
Attorney General Mike Moore has received your letter and has assigned it to me
for reply. In your letter you state:
In Adams County the issue has arisen as to whose responsibility it is to serve
Youth Court process. A backlog of process is being created due to a dis-
agreement on this issue. Therefore, your immediate attention to this matter is
sincerely appreciated.
The youth court has several types of process. The custody order of the court
pursuant to section 43- 21-301 of the Mississippi Code of 1972 may be di- rected
to any law enforcement officer, the Depart- ment of Human Services, or any
suitable person.
Sum- mons may be issued pursuant to section 43-21-501, et seq. of the
Mississippi Code of 1972. Section 43-21- 505(4) states:
The service of summons as required by this chapter shall be made by any person
appointed by the youth court judge. Such person, for this purpose, shall be an
officer of the youth court.
Bench warrants for adults may be directed to any law enforcement officer. Since
youth court, whether a part of chancery court or county court, is part of the
state court system, see In The In- terest of R.G.: Defending the
Constitutionality of the
Mississip- pi Statute, 92-CA-1295, Mississippi Supreme Court, decided 2-17- 94,
the sheriff of the county has the duty, within his jurisdic- tion, to serve any
process, notice, summons, or warrants deliver- ed to him, in the same manner as
such process,
etc. from circuit or chancery court. This duty of the sheriff in no way limits
the power of the youth court to deliver the summons, warrant, etc. to the
municipal police, if they are appointed by the Court, for ser- vice within the
municipality under the
authority of the above ci- ted statutes.
Very Truly Yours,
MIKE MOORE, ATTORNEY GENERAL
By:
Larry J. Stroud Special Assistant Attorney General
LJS:sm
- How do we know that Mississippi Judge John Hudson always knew that he had no jurisdiction to alter custody of a New York non-resident child then in Louisiana, in the first place?
Because he was fully familiar with the UNIFORM CHILD CUSTODY JURISDICTION ACT and its replacement, the UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT.
And because Adams County Circuit Clerk Vines, Jim Hood, the Mississippi Attorney General, andJudge John Hudson knew that no court case was ever filed in the State of Mississippi. Ever.
That necessitated a six year charade to cover Adams County Circuit Clerk Vines, and Judge Hudson, and the Mississippi Attorney General's intentional participation in a ten year criminal conspiracy against rights, not only with interference with service of process, but documented alteration of the docket, concealment of records, witness intimidation, obstruction of justice, interference with service of process, wire and mail fraud and extortion under color of official right by Adams County Circuit Clerk Vines, and Judge Hudson, and the Mississippi Attorney General.
That's why Vines isn't in jail even though indicted on 13 felony counts of embezzlement.
