It is with deep regret that I must announce that my office will no longer be ableto serve as counsel for Auditor Shad White in the two defamation suits thathave been brought against him – one by University of Mississippi Professor James Thomas and one by Brett Favre – and will be filing the appropriatemotions with the courts. I have learned of new information which has created aconflict pursuant to the Mississippi Rules of Professional Conduct that I cannotignore.Under the Mississippi Code, representation by the Attorney General’s Office inboth of these cases is discretionary.
As we often do, we took both cases todefend a principle that applies to all public officials who work on behalf of thepeople of Mississippi.Both of these suits were brought against Auditor White for his statements insocial media and through interactions with the press about investigations byhis office. Our office determined and still believes that a public official shouldnot face retribution in court for communicating with his constituents throughthese public methods. The Attorney General’s Office attorneys who haveworked on these cases have done an admirable job and leave them in a strongposture. Absent this conflict, we would have seen them to their conclusion.We did not take this step lightly or without serious consideration. My office willcontinue to work with the Auditor’s Office on the various tasks where ourduties intersect.
We will continue to pursue our TANF civil suit with ourpartners at the Department of Human Services as well as any criminalwrongdoing that may come from our investigation, to the extent we can do sowithout stepping on the criminal case the Auditor chose to take to the DistrictAttorney and U.S. Attorney for prosecution.
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