NEWS

Fight over youth detention in Hinds County

Jimmie E. Gates
The Clarion-Ledger

Hinds County Youth Court Judge Bill Skinner is in a legal fight with the Hinds County Board of Supervisors over administrative control of the Henley-Young Juvenile Justice Center.

Skinner says the Hinds County Board of Supervisors has entered into a federal consent decree to limit juvenile stays at the center to a maximum 21 days without the authority of the Youth Court. Juveniles had been kept at the center up to 90 days.

“The action sought by the Hinds County Board of Supervisors … is strictly prohibited by the laws of Mississippi,” said Youth Court staff attorney Kelly Williams, in a motion filed by Skinner to intervene in the case. “Said laws prohibit the Hinds County Board of Supervisors from executing any order authorizing the release of any child from Hinds County youth detention facility.”

Skinner also has filed a complaint in Hinds County Circuit Court seeking an injunction against the county to stop the county from reducing the Youth Court’s budget by about $62,800, and to return control of the youth detention center to him. He said a 2007 attorney general’s opinion said a youth court judge has the final legal responsibility for administering the youth detention facility.

U.S. District Judge Dan Jordan hasn’t ruled on Skinner’s motion to intervene in the federal case.

Skinner says the existing parties in the litigation do not adequately protect the Hinds County Youth Court’s interest.

The Southern Poverty Law Center and other advocacy groups filed suit in 2011 on behalf of youths after finding teens were being denied mental health services and subjected to verbal abuse and threats of physical harm by staff members. In a settlement reached in 2012, Jordan required the county to increase staffing, improve medical care, beef up educational and enrichment programming and repair buildings.

The SPLC  has filed motions to have Skinner held in contempt in the latest flap. Also, the SPLC and Hinds County have asked Jordan to issue an injunction blocking Skinner’s state court lawsuit against Hinds County. "Enjoining Skinner’s state-court action will ensure that Hinds County can continue implementing the amended consent decree’s terms without interference, according to SPLC. "The public always has an interest in the protection of constitutional rights.”

A hearing scheduled for Monday in federal court on Skinner's motion was cancelled.

The SPLC says in court papers field this month that Skinner violated a subpoena by withholding evidence that shows his eagerness to skirt — and, when convenient, to violate outright — the court’s consent decrees.

“His obstruction must end once and for all. A finding of civil contempt is warranted,” the contempt citation says.

READ SOUTHERN POVERTY LAW CENTER COURT DOCUMENT

Last year, in a contempt motion, the SPLC asked the court to extend a settlement agreement, saying that almost two years into the agreement, the facility had failed to substantially comply with most of the agreement's 71 provisions.

Hinds County Youth Court Judge Bill Skinner in fight with county and Southern Law Poverty Center over Henley-Young Juvenile Justice Center control.

Jordan extended the settlement agreement to March 28, of this year. He has yet to make a decision on whether it will be extended further.

Board of Supervisors attorney Pieter Teeuwissen has said the judge recognized ongoing efforts to make improvements.

Attorney Jody Owens, director of the Mississippi office of the SPLC, had said some progress was being made at Henley-Young but not enough to come into compliance with the contempt order by the March 28 deadline.

Leonard Dixon, the federal monitor appointed by the federal court, in a report released in January said the center has made progress, but outlined a plan of action, in several areas.

Dixon aid he has made nine official visits to Henley-Young.

“The facility continues to make gradual improvements and should continue moving in a positive direction,” Dixon said in the January report. “Since my last report I have had several technical assistance visits. However, there are still other provisions that have made no movement such as the physical plant and which is again deteriorating and must be addressed by the county.”

Last year, Johnnie McDaniels, a former city of Jackson prosecuting attorney, was named executive director of the center.

Dixon said the new administration appears to be developing an understanding of the facility and its needs. He said having staff in the kitchen and laundry room area has shown improvement.

“Because education, mental health and medical care continue to be of major concern due to the lack of policies, procedures and protocols, it is incumbent upon the county to assist the facility with the resources needed,” Dixon’s report said.

Contact Jimmie E. Gates at 601-961-7212 or jgates@jackson.gannett.com. Follow @jgatesnews on Twitter.