Opinion
2021-M-00630
10-28-2021
In Re: Lynn Fitch, Attorney General of Mississippi
Lauderdale Circuit Court.
Charles Wright, Jr., Ruling Judge
Disposition: On the Attorney General's Petition for Writs of Mandamus and Prohibition, mandamus is denied because it is an inappropriate remedy. Prohibition is granted because the trial court acted outside of its authority by appointing the Attorney General as special prosecutor and directing her to investigate and provide a status report by a date certain. The trial court's acceptance of the District Attorney's self-disqualification was proper. The trial court improperly usurped the executive power of the Attorney General by directing her to conduct a criminal investigation and by requiring the Attorney General to report to the trial court status of her criminal investigation by a date certain. The trial court's appointment order is vacated. The Attorney General, as Mississippi's chief legal officer, has been and remains an attorney vested with authority to take all actions necessary in this matter. The Attorney General has the power to appoint and employ outside counsel and special investigators to act in her place. Any decision to investigate a case and present said case to a grand jury as well as a decision to decline prosecution as unwarranted is within the sole and sound discretion of the Attorney General or her designee.
All Justices Agree. Order entered 10/19/21.