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| Miss high court to hear funding dispute on private prisons |
| By Associated Press |
| Published: 01/12/2004 |
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A dispute over funding for private prisons housing state inmates has made its way to the Mississippi Supreme Court. The appeal of a September 2002 ruling by a Coahoma County judge is among about two dozen cases the justices will decide using written briefs submitted by attorneys rather than hearing oral arguments. Gov. Ronnie Musgrove has asked the high court to overturn a ruling by Chancery Judge William Willard that Musgrove's partial veto of a $54.7 million appropriation for private prisons was invalid. The governor argues that his partial veto meant the private prison appropriation no longer existed. Musgrove vetoed the funding bill during the 2002 regular session. In a special session called later that year to address civil justice reforms, lawmakers declined to take up Musgrove's proposal to revisit the issue. Lawmakers said the Mississippi Department of Corrections would use other budget sources to pay private prisons. Willard issued his ruling in a lawsuit filed by the Delta Correctional Authority that accused the governor and MDOC with breach of contract for planning to close the Delta Correctional Facility in Greenwood by Sept. 20. Because the partial veto was invalid, money is available to operate private prisons, the judge said. Willard held Musgrove had acted outside his constitutional authority. He also ruled the Delta Correctional Facility's contract is still in force because the agreement was canceled due to a lack of funds, and money had been appropriated by legislators. The Delta facility was closed and plans are to convert a portion of it into a county jail. Gov.-elect Haley Barbour has said in general terms that he thinks the state should make more use of private prisons. Among other appeals are new issues being raised by five death row inmates. Details of the appeals are not provided in the Supreme Court's list of cases. |

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