On February 27, the United States Department of Justice filed a motion seeking “clarification from the Court on the application of Mississippi Rule of Professional Conduct 4.2 (“Rule 4.2”) to its ex parte communications with staff of Mississippi’s Community Mental Health Centers (“CMHCs”) in the pending case.” Rule 4.2 bars a lawyer from “communicat[ing] about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law to do so.”
The U.S. reached out to meet with members of the Community Mental Health Center (CMHC) Association in November 2021 (Exhibit A). It shared, “At this critical juncture point, our team is reengaging with key stakeholders in Mississippi with the goal of promoting awareness about the State’s obligations under the order and about the implementation process generally. We are also interested in hearing directly from stakeholders regarding their experiences providing and receiving adult mental health services in the state.”
According to the accompanying memorandum, the State is attempting to block this communication, claiming that the CMHCs are clients of the State. The memorandum says that this is the first time in the five years since the U.S. filed the lawsuit that the State has claimed the Centers are clients of the State. No CMHCs have claimed to be represented by the State, although private attorneys have represented some in the past. A footnote in the memorandum explains, “CMHC staff are not State of Mississippi employees. The CMHCs are independent entities certified by the State of Mississippi to provide community-based mental health services.”
In their memorandum, the Justice Department attorneys argue:
- Because the CMHCs are not represented by the State of Mississippi, the State cannot limit communications between the United States and the CMHCs.
- The Court’s existing order on Rule 4.2 does not prohibit ex parte communications with CMHCs.
- The Court has recognized the appropriateness of the United States’ ex parte communication with stakeholders.
The State will now have the opportunity to respond to the United States’ motion.
Contact information for the parties:
State of Mississippi:
Douglas T. Miracle-State Government
MISSISSIPPI ATTORNEY GENERAL’S OFFICE
601.359.5654
Fax: 601.359.2003
Email: doug.miracle@ago.ms.gov
James W Shelson
PHELPS DUNBAR, LLP – Jackson
601.360.9724
Fax: 601.360.9777
Email: jim.shelson@phelps.com
United States:
VIVIANA BONILLA LÓPEZ
Trial Attorney Special Litigation Section
Civil Rights Division U.S. Department of Justice
Telephone: (202) 598-5542
Email: Viviana.Bonilla-Lopez@usdoj.gov
Patrick Holkins
Trial Attorney Special Litigation Section
Civil Rights Division U.S. Department of Justice
202-598-3076
Email: Patrick.Holkins@usdoj.gov
