Sitting in a courtroom with peeling carpeting, discolored ceiling stains and crumbling plaster, 10th Circuit Court Judge Charles Wright listened Wednesday to arguments related to a Lauderdale County resident’s legal filing for court action to address the courthouse.

Tommy Williams, a Marion resident, filed four bills of exception, or an objection, against the Lauderdale County Board of Supervisors for spending bond money on other projects while the Lauderdale County courthouse remains “neglected.”

Stephen Wilson, representing Williams, argued that the court should take action by filing a writ of mandamus, or legal order from a judge, instructing supervisors to fulfill their “statutory duties” to keep the courthouse “in good repair.”

“As reflected in various grand jury reports over the years, this courthouse is not in good repair,” Wilson said. “As the court is aware, even yesterday we had human excrement rain down on the circuit court office.”

Office workers in the Circuit Court’s court division confirmed that an overflowed toilet on the third floor leaked onto the court files, stored in their office on the second floor, which had to be dried overnight before returning to their shelving.

Lee Thaggard, representing the supervisors, disputed Williams’ standing to file against supervisors, since Williams had not directly been injured by supervisor decisions on the courthouse.

“There must be some specific injury,” Thaggard said. “Otherwise any member of the public could (file a bill of exception) on every decision of the Board of Supervisors.”

Specifically, Wilson mentioned a ball field constructed in Collinsville using bond money from a 2013 bond that could have been used on the courthouse.

“There’s no prohibition to build a ball field or whatever stupid idea comes to mind,” Wilson said. “But the courthouse is mandatory.”

Thaggard questioned whether Williams would continue to use bills of exception as obstacles to projects Williams disliked.

“It’s not the court’s place to substitute the Board of Supervisors judgment,” Thaggard said. “The state statute (about the courthouse) Mr. Williams cites… somehow that trumps all of the board’s other authorized spending (according to Williams).”

In response to the question of using the courts to make decisions on behalf of supervisors, Wilson said it wasn’t the issue. 

“Supervisors have a mandatory duty to maintain roads and bridges and the courthouse,” Wilson said. “If the courthouse was repaired and roads and bridges were repaired, and if this was simply a decision to build a ball field in Collinsville or Clarkdale… then the court would be asked to substitute for (the supervisors’) judgment.”

Wright asked Thaggard how citizens of Lauderdale County could find a cure or a remedy for the courthouse.

“If the public is not in support of the board’s actions, there’s always the ballots,” Thaggard said. 

While Thaggard acknowledged that even a previous chief justice had criticized the courthouse conditions, he commended supervisors for their efforts.

“Not everyone has the benefit of acknowledging all the actions the board of supervisors has taken,” Thaggard said, specifically mentioning Williams and reports from The Meridian Star. 

Wright, who has practiced in Lauderdale County for decades, acknowledged the decay.

“The court recognizes the grand jury reports and the court also recognizes the deteriorating condition of the courthouse over the years as a practicing attorney… and now as a practicing judge,” Wright said.

Following the Wednesday court appearance, Thaggard said supervisors expected the case to be dismissed based on the lack of standing.

“His position is not any different than any member of the general public,” Thaggard said. “And it keeps the court from being in the position to substitute their decision for the Board of Supervisors.”

Wilson asked who, if not Williams, had better standing to question the supervisors’ courthouse decisions.

“I hope that the court will find that Mr. Williams is right in filing the bill of exceptions because there is a state mandate,” Wilson said. “That pet projects quit being funded and instead (supervisors) meet their basic duties.”

Wright will have to consider the procedure for converting a bill of exception to a writ of mandamus and whether Williams has sufficient standing as a resident to demand courthouse action from supervisors. He will answer these issues in an upcoming written opinion.