The Mississippi Legislature is not a public body and not subject to the state’s Open Meetings Act, a Hinds County Chancery Court judge ruled Tuesday, affirming a
2023 Mississippi Ethics Commission finding and rejecting an appeal from the Mississippi Free Press.
The decision clears the way for Mississippi’s Republican House majority to continue operating in secret, gathering a quorum of legislators to
plan votes and shape legislative agendas without public access to their proceedings.
Chancellor J. Dewayne Thomas ruled in favor of the House of Representatives and former Speaker Philip Gunn on Feb. 18, asserting that while the specific language of the Open Meetings Act included all of the standing, interim and special committees of the Mississippi Legislature, the Legislature itself was excluded from the act.
Mississippi’s Open Meetings Act holds that “it being essential to the fundamental philosophy of the American constitutional form of representative government and to the maintenance of a democratic society that public business be performed in an open and public manner … the formation and determination of public policy is public business and shall be conducted at open meetings except as otherwise provided herein.”
In the House, private Republican caucuses are held to control the agenda of a voting bloc powerful enough to pass or kill legislation regardless of any outside opposition.
MFP Barred from Meeting, Filed Complaint
This reporter
attempted to attend a House Republican caucus meeting on March 14, 2022, before legislative staffers quickly jumped to bar the entrance. Then-House Speaker Philip Gunn, the leader of the Republican caucus before leaving the Legislation in 2024, confirmed directly at the caucus that he did not believe the secret meetings were in violation of the Open Meetings Act.
The Mississippi Free Press then
brought the matter before the Mississippi Ethics Committee, which adjudicates complaints under the Open Meetings Act and other statutes. While the current and former executive directors of the Ethics Commission
argued in favor of the Mississippi Free Press and the public’s access to the proceedings of the House GOP caucus, the full board voted 5-3 to reject the claim, asserting that the
Legislature as a whole was not a public body.