By Caleb Bedillion for The Marshall Project.
Broadcast version by Danielle Smith for Mississippi News Connection reporting for the Marshall Project-Public News Service Collaboration

Three months after Mississippi's Supreme Court directed judges in the state to ensure that poor criminal defendants always have a lawyer as they wait to be indicted, one of those justices acknowledged that the rule isn't being widely followed.

"We know anecdotally that there's a problem out there," Supreme Court Justice Jim Kitchens said during a state House of Representatives committee meeting on the public defense system last week.

That means Mississippi's "dead zone" - the period during which poor people facing felony charges are left without a lawyer while they await indictment - persists in many counties.

At the first court hearing after someone is arrested for a felony, a judge is supposed to decide whether the defendant can be released from jail and should appoint a lawyer if they can't afford one.

In many Mississippi courts, that lawyer stays on the case for a short time to handle initial proceedings, including a possible motion for bond reduction, and then exits. Only after the defendant is indicted, which often takes months, is another lawyer appointed. In the meantime, no one is assigned to the case, even if the defendant is in jail.

"Mississippi stands alone as the only state that has this problem," public defense expert David Carroll said at the state House hearing.

Carroll is the executive director of the Sixth Amendment Center, a nonprofit that studies state public defense systems and advocates for improvements. The center released a report in 2018 that found many defects in Mississippi's public defense system, including the dead zone.

The Supreme Court's rule, approved in April, was supposed to eliminate this problem. It says a lawyer can't leave a case unless another one has taken over. All courts in the state must follow it.

Individual judges could face sanctions for not complying with the rule if someone files a complaint against them, Kitchens told legislators. Beyond that, however, Kitchens said it's outside the purview of the Supreme Court to monitor local courts. "It's not for us to go out and investigate whether that rule is being complied with," he said.

When the rule went into effect in July, the Northeast Mississippi Daily Journal, The Marshall Project and ProPublica found that many courts were unprepared to comply. Some local court officials were unaware of it. Others suggested that their practice of appointing lawyers for limited purposes would satisfy the rule, even though those attorneys do little beyond attending early court hearings.

State Rep. Nick Bain, a Republican from northeast Mississippi's Alcorn County, convened the hearing on the weaknesses in the state's public defense system. He also practices as a defense attorney in about 10 counties and regularly talks with lawyers who work around the state.

"There are wide swaths all over Mississippi where that rule is not being followed," he said at the hearing.

In one circuit court district that did take action in response to the Supreme Court's rule, there are signs that appointed defense attorneys are not doing much more than they did before.

In the 1st Circuit Court District, which covers seven counties in northeast Mississippi, chief Circuit Judge Paul Funderburk issued an order in July directing lower court judges in the district on how to meet the new requirements for indigent representation. He said an attorney in the lower court, where defendants first appear, must stay on the case until the defendant is indicted.

State Sen. Daniel Sparks, a Republican from Tishomingo County, represents those defendants in the county's Justice Court, which hears misdemeanors and some early felony matters. He acknowledged that under the new Supreme Court rule and Funderburk's order, he remains the attorney for indigent clients until they are indicted.

He said that although he will take calls from defendants and offer advice after they appear in justice court, he believes there is usually little defense work to do before an indictment. "I don't think it changes my work dramatically," he said of the Supreme Court's rule.

He believes problems linked to the dead zone have been exaggerated by reform advocates.

Lee County Justice Court, based in Tupelo, is in the same circuit court district as Tishomingo. In July, the Daily Journal, The Marshall Project and ProPublica reported that the part-time appointed counsel for Lee County Justice Court, Dan Davis, typically did little more than file for a bond reduction for defendants who remained in jail for more than a month. After the new rule became effective in July, Davis told the court he didn't want the job anymore.

Bill Benson, the administrator for Lee County, said last week that it's not clear when a replacement will be available. "We're trying to find someone who will stick with the defendants all the way through like the rule says," Benson said.

Funderburk said he expects strict adherence to the new indigent defense rule and warned that courts "ignore it at their peril."

Courts across Mississippi have ignored a broader rule regarding public defense, the Daily Journal, The Marshall Project and ProPublica have found. That rule, part of a 2017 push to standardize how courts across the state operate, requires judges to send to the Supreme Court their policy on how they fulfill their constitutional obligation to provide lawyers for poor criminal defendants. Just one circuit court district, covering three rural counties in southwest Mississippi, has complied.

"The counties need to come up with a plan," Kitchens told lawmakers. "The justice courts, the circuit courts, the supervisors - all of them need to collaborate and come up with a plan."

He called on lawmakers to fix problems with public defense that the Mississippi Supreme Court has been unable to remedy by imposing rules on local judges. The state is responsible for ensuring that its public defense system is adequate, he said. "The bottom line is the counties cannot do it alone."

Bain, whose term ends in December after a primary defeat, said Mississippi must eliminate the dead zone and address other problems, including a lack of full-time public defenders and payment arrangements that encourage lawyers to cut corners.

"I think Mississippi is really stretching the limits of our constitutional obligations," he said.


Caleb Bedillion wrote this article for The Marshall Project.




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Mother's Day has a special place in the heart of a Michigan woman whose mother's incarceration kept them separated for decades.

Jen Szénay of Michigan said in 1990, her mother was sentenced to life in prison for the death of her husband, in a murder-for-hire case.

Szénay explained that her mom is a domestic-abuse survivor who didn't feel protected by the law.

She said two men carried out the murder of her father - and her mom, who maintains her innocence, was accused of conspiring with them.

Szénay's mother was given a commutation from the governor and released from prison last March. Szénay shared what that first Mother's Day with her mom was like after three decades apart.

"Overjoyed to be together, but it was just like so much shock still surrounding it," said Szénay. "I mean, we had been apart since May 24, 1990. So just to be able to, like, sit with her, hold her hand. It's weird to talk about because there's so many little things that you don't realize that you miss in a person until you don't have it."

Szénay is the communications coordinator for the Michigan Collaborative to End Mass Incarceration, an organization advocating for second-chance legislation.

It would pave the way for those serving a long prison sentence to re-enter society if they're deemed to no longer pose a risk to the community.

Incarcerated individuals would need to petition their sentencing judge for a reduction of their sentence.

With statistics showing average annual prison costs of between $34,000 and $48,000 per person - not including health care - policy researchers estimate savings of approximately $200 million a year through second-chance legislation.

"A lot of these women are victims themselves of domestic violence, of sex trafficking," said Szénay. "To have the ability to go back and say, 'Look, this happened when I was 18, 19, 25, you know, any age, 30, whatever. This is who I am today.'"

Szénay said that money saved by reducing excessive prison sentences could be reinvested in violence prevention, victim services and mental health.

"Why these cases are so deserving of a second look," said Szénay, "is because when you hear the stories, you're like, how did this person get so much time for this situation?"

Michigan has roughly 44,000 people confined or detained, and the state spends nearly 20% of its General Fund on prisons - adding up to more than $2 billion per year.

A North Carolina group hopes to help people stay out of prison by connecting them to critical resources.

Recidivism Reduction Educational Programs Services is launching a new hotline to help formerly incarcerated people with re-entry services.

Kerwin Pittman, the organization's founder, said he found it tough getting connected to the right people as a returning citizen nearly seven years ago and in 2024, he said the issue still exists.

"What we realized that across North Carolina, the connectivity wasn't happening at all," Pittman pointed out. "You would have people returning, citizens, family members, those who wanted to get help for these individuals trying to reach out for services and needed services but just couldn't find them."

The hotline connects callers to real people who essentially create a bridge directly to services in the community. Pittman noted since its launch last Monday, more than 100 people have used the call center to get connected to housing and jobs. To contact the center, call 1-888-852-0004.

In North Carolina, 44% of people are re-arrested within two years of being released from state prisons. Pittman acknowledged it can be challenging to have a successful transition when you don't know where to start and emphasized one small resource can be the key to getting on track.

"You'd be surprised how many individuals come home and don't just have simple identification," Pittman emphasized. "And we know without identification, you can't receive benefits that you may be eligible for, you can't receive a job, you can't receive housing. And so everything kind of plays into each other."

In addition to closing gaps and getting people to services, Pittman said he hopes it inspires others to find innovative ways to make connection easier for people affected by the justice system. Earlier this year at the state level, Gov. Roy Cooper signed Executive Order 303 to improve re-entry.

Mississippi prisons often lack resources to treat people who are incarcerated with substance-use disorders adequately but a nonprofit organization is offering alternative programs focused on treatment instead of incarceration.

The Magnolia State has one of the highest incarceration rates in the nation, with more than 1,000 people per 100,000 residents behind bars.

Christina Dent, founder and president of End It For Good, said they invite people to support approaches to drugs prioritizing life, preserving families and promoting public safety.

"We do education out in the community - with citizens, with advocates, with policymakers - to help them understand why a punitive criminal justice approach to drugs and addiction has not produced good results and why a health-centered approach would produce much better results," Dent explained.

It is estimated more than 578,000 people in state and federal prisons in 2022 had a substance-use disorder in the year prior to their admission, according to the Prison Policy Initiative.

Dent emphasized they recommend lawmakers look at other alternatives to stop reactionary approaches resulting in Mississippians paying harsher penalties for crimes such as drug possession.

"Shift away from increasing penalties," Dent urged. "Another thing that we could do would be to reduce penalties or recategorize penalties for something like drug possession. We would love to see a shift from treating drug possession as potentially a felony to drug possession being a misdemeanor. "

Dent noted such an alternative approach would allow individuals impacted to more easily regain employment, support their families and reintegrate into society. She added felony convictions create lifelong barriers to employment and self-sufficiency.


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