MS Supreme Court rules against State Auditor Shad White
MISSISSIPPI (WCBI) – The Mississippi State Supreme Court has ruled against State Auditor Shad White.
In a decision handed down, justices ruled the State Auditor cannot file a lawsuit on behalf of the state.
That ruling reverses a decision of the Hinds County Chancery Court, which held that the Auditor could sue under certain circumstances.
The ruling stems from a pair of lawsuits filed against retired NFL quarterback Brett Favre in relation to a far-reaching welfare fraud scandal.
In 2021, White issued a demand on Favre Enterprises for “illegal use of public funds”. His office sought to reclaim the original amount plus interest.
When that demand went unmet, he referred the case to Attorney General Lynn Fitch’s Office for prosecution.
Fitch filed suit in May 2022, but later that year amended the suit. The second filing did not include interest. That prompted White to sue for the statutory interest of about $228,000.
The AG filed a petition in Hinds County Chancery Court asking for a declaratory judgment, saying her office was the only body that could manage litigation and prosecute on behalf of the state.
The Chancery Court ruled in favor of the Auditor’s Office. Fitch appealed that to the State Supreme Court.
It’s ruling today reversed the order of the Chancery Court and stated that the Attorney General possesses and the Auditor lacks the authority to prosecute and manage litigation seeking the recovery of state money.
