State Supreme Court rules AG Lynn Fitch, not Auditor Shad White, has power to sue over misspent welfare money
By Taylor Vance | Originally published by Mississippi Today
The Mississippi Supreme Court on Thursday unanimously ruled in favor of Attorney General Lynn Fitch in a dispute she had with State Auditor Shad White over which of them has the legal right to try to claw back state welfare money they believe was misspent.
Justice Jenifer Branning wrote that Mississippi law tasks the attorney general with being the “chief legal officer” of the state, while the state auditor’s duties include accounting, auditing and investigation.
“The attorney general must be an attorney, and the auditor has no such requirement,” Branning wrote.
All six of the other current justices agreed with Branning’s opinion. There are currently two vacancies on the nine-member court.
White, in a statement, said now that the Supreme Court has ruled Fitch has the sole authority to file lawsuits to recover misspent taxpayer money, he can only assume she will “now change course and begin to aggressively fight in court for the recovery of all the welfare money.”
“Maybe she will fight as hard to do that as she fought to stop me from recovering the money,” White said. “Mississippi taxpayers deserve nothing less.”
Fitch’s office declined to comment, other than pointing to a passage in the ruling that stated state law.
The issue at the center of the legal fight between the two statewide officials is about $730,000 that White claims Pro Football Hall of Fame athlete Brett Favre owes the state because of unpaid interest.
Fitch’s office, on behalf of the Mississippi Department of Human Services, sued dozens of defendants, including Favre, to try to recoup allegedly misspent welfare money. But it did not include funds that White’s office is pursuing.
White, then, attempted to sue Favre to recoup a portion of allegedly misspent welfare money, which prompted Fitch to sue White to block the suit from going forward.
The legal disagreement between the two offices stems from a section of Mississippi law stating that the auditor is “to institute suit, and the attorney general shall prosecute the same in any court of the state,” when recovering misspent money.
Fitch, as the state’s top legal officer, wrote in court papers that she had the exclusive right to file a civil lawsuit on behalf of the state, and it would be unrealistic to compel the attorney general to file litigation she doesn’t believe is legitimate.
READ MORE: AG Lynn Fitch and Auditor Shad White argue who can sue over welfare scandal money
White’s attorneys said in court earlier this year that the plain reading of the state law clearly gives him the authority to initiate lawsuits and requires the attorney general to follow through and prosecute on his behalf.
A Hinds County chancery judge initially sided with White, so the attorney general appealed to the state’s high court.
The two officials have said they’re considering running for governor and have clashed in recent years over the handling of Mississippi’s massive welfare scandal, which has seen multiple people plead guilty to state and federal crimes.
This article was originally published by Mississippi Today and is republished here under a Creative Commons license.
Source: Original Article
