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Court rules MS Legislature not a 'public body,' allows closed-door meetings

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Friday, March 7, 2025   

A Mississippi judge has ruled the State Legislature is not a "public body" under the state's Open Meetings Act, a decision allowing lawmakers to hold secret caucus meetings.

The decision comes after the Mississippi Free Press sued to open these meetings to the public, in the name of transparency. The case originated when the nonprofit paper filed an ethics complaint after one of its reporters, Nick Judin, was barred from attending a closed Republican caucus meeting in the House of Representatives.

Donna Ladd, editor and CEO of the Mississippi Free Press, called the ruling a blow to open government.

"About the way this is worded, to me, is a technicality that allows them -- when they want to -- to get around the idea of public transparency," Ladd observed. "So, it's kind of status quo, and especially in a state where -- I mean, let's just be honest -- much of Mississippi's history has been one-party rule, one way or the other."

In the ruling, the judge stated the Open Meetings Act applies only to "executive or administrative bodies," not the Legislature itself. Supporters of the ruling argued political caucuses are internal party matters and privacy is essential for candid discussions.

Rob McDuff, director of impact litigation for the Mississippi Center for Justice, argued on behalf of the Mississippi Free Press that caucus meetings should be open under the Open Meetings Act, as they involve a quorum of the House discussing public business. However, McDuff explained the Ethics Commission and Chancery Court ruled against them, with the judge citing a narrow definition of "public body."

"That just seems quite nonsensical when you think, of course, the Mississippi Legislature is a public body in Mississippi," McDuff pointed out. "But the wording of the particular statute, the Open Meetings Act, is what led him to that conclusion."

The ruling means journalists and the public cannot hear the debates shaping policy. While advocates for open government said the fight is not over, the decision sets a troubling precedent for transparency nationwide. As Free Press Editor Donna Ladd warned, "Don't think that it can't happen in your state."


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