[03/08/02]It’s now up to the state Supreme Court to find judges willing to hear two cases involving Judge Gerald Hosemann of Warren County.

One pending matter is a motion filed by Hosemann’s attorney, William Kirksey, to invalidate the aggravated assault arrest warrant served on Hosemann Dec. 28. The other is a civil case, filed by a former co-worker, Juanita “Nita” Johnston, who names him as her attacker.

Because the case, which Hosemann has called a hoax, occurred in Hinds County, one of three county judges there, Bobby DeLaughter, handled it initially. However, at a brief hearing on Kirksey’s motion Feb. 20, DeLaughter stepped aside, declining to hear an appeal of his own decision to issue the arrest warrant.

Since then, Hinds’ two other county judges, William Barnett and Houston J. Patterson, have stepped aside, citing “judicial ethics” since they know Hosemann from court conferences and such and for the same reason cited by DeLaughter that county court is not the place to appeal a county court ruling.

Johnston’s civil case, which seeks $75,000 and return of property, does not mention any assault. It was filed by her attorney, Paul Kelly Loyacono, in Hosemann’s court where, since he is the defendant, he is barred from ruling on it.

It will be up to state Supreme Court Chief Justice Ed Pittman to find judges willing to hear the motion and the civil case. State Supreme Court spokesman Beverly Pettigrew Kraft said Pittman has not set a timetable to name a judge or judges.

Johnston, 47, was found Dec. 6 on rural property Hosemann owns. She remained under guard in intensive care of ParkView Regional Medical Center through Christmas until interviewed by Hinds County sheriff’s deputies. They then arrested Hosemann who spent one night in jail before being released on $25,000 bond.

Court cases link Hosemann, 49, and Johnston in extramarital relationships from several years ago. She is now single. He has a divorce case, his second, pending in Hinds County.

The case has not been presented to a grand jury. If indicted and convicted, Hosemann faces a sentence of up to 20 years in prison. He has continued to serve as county and Youth Court judge here and has said he will make a statement about his plans for re-election at the “appropriate time.” Judicial elections are in November.