Warren County Judge Gerald Hosemann leaves his courtroom in this January photo.(The Vicksburg Post/C. TODD SHERMAN)

[03/20/02]Effective Easter Sunday, Warren County Judge Gerald Hosemann says he will return to private practice because the felony assault charge pending against him is interfering with his duties.

Separately, the attorney for the former court reporter found injured in December on Hosemann’s property says he wants to be removed from her civil case against Hosemann. Paul Kelly Loyacono said he could not “in good conscience” follow her directions to drop that lawsuit based on the reasons his client gave him. He did not reveal those reasons.

In a third development, two local attorneys announced they plan to seek election to Hosemann’s county court judgeship in November.

Hosemann, 50, remains charged with beating Juanita “Nita” Johnston, 48, in December and abandoning her on his ranch land near Utica in Hinds County. Johnston, in an investigator’s sworn affidavit signed Dec. 27, says Hosemann brutalized her after they argued, but in a March 7 letter and, in public statements since, has said she’s sure Hosemann had nothing to do with her injuries.

In written statements faxed Tuesday, Hosemann said he is retiring effective March 31 because he was forced to cancel sessions in his own court Monday because of the pending charges.

“I will not tolerate one more instance such as this that reflects on my 16 years on the bench and my record of service to the people of Warren County,” he wrote. “Although it has been my option to take a leave of absence with pay while the charges against me were pending, I refuse to accept taxpayers’ money while not working for it.”

The criminal charge has not been presented to a grand jury and two motions to dismiss it are pending before two other judges. One is set for hearing in Raymond on Friday.

Hosemann sent a formal letter to Gov. Ronnie Musgrove informing him of the decision. Musgrove, who is responsible for naming an interim judge, said later that he would announce his selection quickly. Hosemann’s current term expires Dec. 31, and earlier this year he said he would make an announcement on seeking re-election “at the appropriate time.” The job pays the same as a circuit judge, or about $110,000 per year.

Hosemann was in Raymond on Monday, appearing in a 30-minute hearing before Hinds County Judge Bobby DeLaughter who ordered him to admit public remarks about his innocence and his low regard for DeLaughter and Hinds authorities were improper and that DeLaughter had the power to force his silence.

Within hours of Hosemann’s retirement letter being faxed to the Governor’s Office, two local attorneys announced plans to seek the post in the November election.

Vicksburg attorney Robert C. Arledge, 44, filed qualifying paperwork to seek the office, and Warren County Prosecutor Johnny Price, 55, said he will file. Both said their decisions had nothing to do with the charges pending against Hosemann.

“I decided that I was going to run for the county court judge several months ago,” said Arledge.

Price, who has said Hosemann should have stepped aside until the charges were resolved, has practiced in Hosemann’s court for 12 years as the county prosecutor. He said he would be filing before the May 10 qualifying deadline.

“The unfortunate things that have happened to Gerald Hosemann have little to do with my running,” he said.

Hosemann, judge since 1986, had remained on the bench despite calls from Attorney General Mike Moore that he be temporarily removed until the charge against him is settled.

The Mississippi Judicial Performance Commission, however, said it would be improper to remove a judge at the point a criminal charge is filed.

Loyacono was to be heard in court today on the motion he filed Tuesday seeking to be removed as Johnston’s attorney from the $75,000 civil suit filed against Hosemann.

After writing in his motion that Johnston wants the case dropped, Loyacono wrote, “The undersigned attorney cannot in good conscience follow those directions of his client, so therefore he asks this honorable court for an order allowing him to withdraw.”

Loyacono said he would tell Circuit Judge John Kitchens, appointed to hear the case, his reasons if Kitchens asks.

Johnston spent more than a month recovering in Vicksburg and Jackson hospitals and the suit sought recovery of furniture, other items and money related to their relationship. The civil suit contained no reference to the assault charge or her injuries. Hosemann’s answer, filed in court, said he owes her nothing.