JACKSON, MS (Mississippi News Now) -
Chief Justice William Waller, Jr. set the tone before arguments even began.
"I don't want any political sound bites. No jury arguments. No grand standing. No snipping," Waller told the court.
From there a team of defense attorneys started their arguments Thursday morning before the state supreme court asking the justices to throw out the case brought on by Attorney General Jim Hood who contends former governor Haley Barbour did not follow the constitution when handing out nearly 200 pardons.
Defense attorney Tom Fortner say Barbour's power is a case of separation of powers and a court shouldn't be involved.
"I believe the governor had the power under our constitution to reach his hand into prisons and pull out a handful of people and pardon them," said Fortner.
Hood pointed to the state constitution requiring a 30 day notice be published for anyone receiving a pardon and says that requirement was simply not followed, but Fortner told the court his clients did not have to follow it because they didn't apply for a pardon. Instead, it came through an executive order from Barbour.
"It is at best a notice provision. It is not mandatory and it is subject only to the approval of the executive," said Fortner.
Other defense attorneys argued the constitution is open to interpretation as to just what the 30 day requirement means. Hood says the interpretation is clear.
"If this court makes a wrong interpretation according to the legislature of a statue then they can fix it, but you can't do that with the constitution. The constitution has to be read strictly and in terms of when it was written," said Hood.
Hood says although he understands the separation of powers when it comes to the constitution, the court should act.
"What a court does have jurisdiction to address is whether or not that pardon was valid," said Hood.
It's not yet clear exactly when a ruling will happen but is expected in the next few days.
Copyright 2011 WLBT. All rights reserved.
WLBT 3 - Fox 40
