Amid city drama, Jackson attorney recuses herself
As Jackson's sexual harassment lawsuit saga continues, City Attorney Monica Joiner is recusing herself where she sees fit, including in a case involving her fiance, Jackson Mayor Tony Yarber's bodyguard.
So far, Joiner has recused herself from three cases: two racial discrimination suits against the city and one sexual harassment suit against Yarber, in which Joiner is accused of pursuing a sexual relationship with the mayor.
One of the federal racial discrimination cases stems from a domestic violence dispute between Joiner's fiance Aaron Allen, a Jackson Police Department officer on Yarber's security detail, and Tina Bianchini, another former JPD officer.
Police said Allen and Bianchini got into a shouting match at his home in March 2015 that turned physical. Bianchini's initial affidavit indicates Allen choked her, broke two of her teeth and tried to throw her out a window. Allen said she kicked him in his head and struck him in his arms, chest and neck.
At the time, Joiner said she and Allen were seeing each other, so when she got word of the incident from Police Chief Lee Vance, she turned the case over.
"I immediately instructed him to call my special assistant regarding the matter," Joiner said. "I didn’t want an appearance of impropriety. Since that time I have not been involved in that matter at all."
Bianchini, who is white, was fired from JPD following the incident, according to the lawsuit she filed against the city in June, while Allen kept his job. Bianchini alleges the police department racially discriminated against her and gave preference to Allen.
"When officers arrived, they listened only to Aaron Allen's allegations against Tina Bianchini and refused to listen to Tina Bianchini's allegations against Aaron Allen," the suit alleges.
Deputy City Attorney LaShundra Jackson-Winters, not Joiner, filed a response to the suit on behalf of the city attorney's office. On Wednesday, Deputy City Attorney Dana Sims filed notice that she will represent the city in this case.
"I sent an email to support staff and two special assistants and told them I was not to be provided any correspondence," Joiner said. "As the city attorney, I have taken all steps to make sure there is no appearance of impropriety in terms of my relationship with Aaron Allen."
When interviewed, Joiner said she and Allen were in a relationship but not married. Allen proposed to Joiner after she spoke to The Clarion-Ledger Wednesday evening.
"If, in fact, she is in a relationship with Aaron, then the city attorney’s office, out of fairness, ought to step aside," said Lisa Ross, the attorney representing Bianchini.
The Mississippi Rules of Professional Conduct say that if an attorney has a conflict in a case, then that attorney's entire firm should be disqualified.
“It is clear that if any member of a firm is disqualified so are all other partners and associates,” reads a 2013 Mississippi Bar ethics opinion.
Then the argument could be made that the city attorney's office should not handle the cases from which Joiner has recused herself. The Jackson City Council has already determined that it will seek outside counsel to defend the sexual harassment suit against the city.
Joiner has also recused herself from the sexual harassment suit against the city and Yarber, in which the mayor's former assistant Kimberly Bracey alleges Joiner sought a sexual relationship with Yarber.
Joiner called the allegation "salacious."
"They're false from my perspective. I can't speak on behalf of anyone else," Joiner said.
Joiner also declined to discuss details in the Lara Gill case, in which the former deputy city attorney is accusing the city of terminating her after she questioned some of Joiner's practices.
"The office conducted themselves in a proper manner," Joiner said.
Contact Anna Wolfe at (601) 961-7326 or awolfe@gannett.com. Follow @ayewolfe on Twitter.