NEWS

Weill blocks DA Smith from docket

Jimmie E. Gates
The Clarion-Ledger

Hinds County Circuit Judge Jeff Weill has issued an administrative order temporarily removing Hinds County District Attorney Robert Shuler Smith from participating in cases on his court docket after Smith's arrest Wednesday for allegedly providing information to assist criminal defendants.

"While the district attorney.and all citizens, are entitled to the presumption of innocence, the district attorney's status as a public official and the undersigned's duty to uphold the independence and integrity of judicial system requires the administrative action ordered herein," Weill said in the order issued Thursday."The district attorney faces at least six separate criminal charges alleging improper use of his office."

Weill said in a footnote in the six-page order that the ruling doesn't extend to the dockets of any other judges. However, Weill said in the order that in addition to removing Smith from prosecuting cases on his docket, he is temporarily disqualifying the district attorney from any and all participation in grand jury proceedings in Hinds County.

"The additional temporary disqualification is made necessary by two central facts," Weill said. "First, the state constitutional provision cited herein provides that the district attorney may be presented to the grand jury concerning his action or inactions in office, creating an unavoidable conflict of interest between the district attorney and the grand jury. Second, and even more significantly, sealed proceedings in Cause Nos. 251-16-26 and more recently 251-355 and 251-16-543, support this finding disqualifying the district attorney from all proceedings and decisions regarding the grand jury."

Weill said the order against Smith doesn't extend to his staff members in the district attorney's office.

WEILL JAILS ASSISTANT PUBLIC DEFENDER

The only question is whether Weill has the authority to temporarily remove Smith. He said he does in the court order.

The charges were filed by the state attorney general's office, which Smith has accused of conspiring against him.

READ STORY OF ARREST

Smith was arrested Wednesday following a joint investigation by the attorney general’s office and the FBI into allegations that the DA had illegally advised or defended individuals charged with crimes, Attorney General Jim Hood said.

Smith, 45, of Jackson, was arrested at his office by investigators with the attorney general's office and the Hinds County Sheriff’s Department. Smith is charged with six counts of violating Mississippi Code Section 97-11-3, a misdemeanor. That law states the attorney general or district attorney shall not “consult, advise, counsel or defend” a person charged with a crime or misdemeanor.

Hood said the joint investigation between the attorney general's office and FBI revealed Smith violated Mississippi law related to his involvement with two criminal defendants while serving as district attorney.

An affidavit filed Wednesday said Smith unlawfully advised and provided counsel to Christopher Butler, who had been charged with embezzlement, wire fraud and possession of a controlled substance, and Darnell Turner, who had been charged with aggravated assault and domestic violence. Smith represented Turner before he was elected district attorney, court records show.

All but one of the six counts focus on Smith’s actions related to Butler.

According to the affidavit, Smith gave Butler’s attorney, Sanford Knott, a letter that outlined ways to attack the state’s case against Butler; met with Butler twice at the Hinds County jail without his attorney present; met with Butler’s family and referred to him as his client; and used the grand jury to pressure a circuit judge to dismiss drug possession charges against Butler.

When Smith met with Butler’s family, he attempted to retain an attorney to represent him and worked with defense counsel to release Butler from jail, according to the affidavit.

According to his letter to Knott, Smith had filed a motion for contempt of court in March “due to blatant and contemptuous behavior of Assistant Attorneys General Patrick Beasley and Shaun Yurkhuran.” The attorney general's office scheduled a hearing without telling Smith, and the court held that Smith had waived his right to object because he didn’t attend, according to the letter.

The affidavit said that this month, Smith gave Turner’s attorney, Dennis Sweet III, emails that touched on information that had previously been sealed by the court, court records show.

This month, Sweet filed a motion to dismiss Turner’s case that alleged improper, ex parte communication between the court and attorney general's office, which had been investigating whether Hinds County was properly indicting individuals. Two circuit judges recused themselves from Turner’s case and from hearings conducted by the attorney general's office.

Sweet said he subpoenaed records from Smith's office as a normal course of defending his client. He said Smith didn't provide any records or information that shouldn't have been presented as discovery evidence to the attorney of a defendant.

"I have been doing this for 30 years," Sweet said. "I don't need any help."

If convicted, Smith could he could be removed as district attorney and prohibited from holding any other elected office or government position. Additionally, he faces a $500 fine.

Judge Weill issues order to temporarily remove Hinds County District Attorney Robert Shuler from handling cases in his court room.

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