State Auditor Shad White (left) and Attorney General Lynn Fitch (right) speak at the Mississippi Economic Council in Jackson, Miss., Oct. 26, 2023. (AP Photo/Rogelio V. Solis, File)
- The Mississippi Supreme Court will hear oral arguments Tuesday on which state official has the authority to pursue legal action to recoup misspent state monies.
Mississippi Attorney General Lynn Fitch believes she, not State Auditor Shad White, possesses the authority to prosecute and manage litigation seeking to recover money on the State’s behalf.
Yet, Hinds County Chancellor J. Dewayne Thomas disagreed in November 2024, prompting Fitch to appeal the ruling to the Mississippi Supreme Court. A year later, the state high court set the oral arguments for this week.
As previously reported, the case came after Fitch objected to White attempting to sue NFL Hall of Famer Brett Favre to recoup misspent Temporary Assistance for Needy Families, or TANF funds. Fitch filed a petition in February 2024 to prevent White from pursuing a counterclaim against Favre on behalf of the state in a defamation case filed by Favre against White.
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Fitch accused White of hampering the state’s TANF investigation and the progress made toward recouping funds in civil litigation “as well as potential criminal prosecutions.” She stated that “the actions of the Auditor’s office are aid to our legal adversaries and a disservice to the people.”
White responded by saying, “Fitch failed to sue Favre for everything he owes—and then sued to stop me from trying to get the money back, too. Just let me do the job, even if you won’t.” He argued that state law provides that the “State Auditor shall have the authority and it shall be his duty to institute suit” and that “the Attorney General shall prosecute the same.”
Judge Thomas agreed with White, writing that “the plain language of the statute vests the State Auditor with the authority and responsibility to begin a legal suit in these specific instances and further mandates that the Attorney General prosecute the same. Furthermore, Mississippi case law has consistently supported the authority of the State Auditor to institute and pursue litigation on behalf of the State under [MS Code] §7-7-211.”
Fitch also withdrew her office’s defense of White in two defamation lawsuits filed against him. The first lawsuit, brought by University of Mississippi professor James Thomas, related to statements White made about a “Scholar Strike” Thomas participated in for two days in September of 2020. The second lawsuit, brought by Favre, relates to White’s statements about the Southern Miss legend’s involvement in the ongoing welfare saga.
Notably, both White and Fitch are said to be considering a run for governor in the 2027 statewide elections.
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Attorneys for the two Republican statewide officials will make their arguments before the state Supreme Court on Tuesday at 1:30 p.m. CT. You can watch the oral arguments here.
