Danny Neely took office earlier this month as a Yazoo County Justice Court judge, but his stay on the bench is not assured.
In fact, it could be months before Neely knows whether his election is settled.
Neely was declared the winner of the November general election by one vote over incumbent Bennie Warrington in the Southern District Justice Court race, but Warrington challenged the result. Ann McBride was the third candidate.
Warrington and Neely agreed last week in court to allow voters another opportunity to decide the winner.
Until the special election, Neely apparently will continue to serve.
But there is still a dispute over when the special election should take place.
Neely’s attorney, John Reeves of Jackson, said state code provides the special election should take place in November.
But Warrington’s attorney, Ronn Pierce, also of Jackson, said the special election should occur as soon as possible, suggesting March. He is hoping a special election date will be set for the spring.
Gov. Phil Bryant must set the date for the special election, secretary of state spokeswoman Pamela Weaver said.
Warrington said he left the courthouse on election night thinking he had won. He said he had a 21-vote lead based on the totals that night.
But after absentee and affidavit ballots, meaning paper ballots, were eventually added to totals, Neely ended up ahead by the one vote.
Circuit Judge Jannie Lewis and both Neely and Warrington agreed during last week’s court hearing that the will of voters couldn’t be determined in the split precinct, where both northern and southern districts Justice Court judge voters cast ballots.
Lewis didn’t put in her ruling that Neely had to vacate the office.
But Reeves said, “He will stay in office until an election in November and if he wins that he will continue in office.”
Pierce said he had hoped the judge would have postponed Neely assuming the post until the outcome was completely decided.
Pierce said his client would have won the election challenge, but he didn’t want the issue to be dragged out in court challenges.
A special election in Yazoo County is expected to cost about $15,000.
Written by
Jimmie E. Gates
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