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)
- “It is apparent that, though prosecutorial powers were once legislatively prescribed to the auditor, they were removed in 1952,” wrote Justice Jenifer Branning the Mississippi Supreme Court.
The Mississippi Supreme Court has unanimously ruled that the Attorney General possesses, and the State Auditor lacks, the authority to prosecute and to manage litigation seeking the recovery of state money.
The ruling brings to a close nearly two years of back and forth between the two Republican statewide officials, both of whom are said to be considering running for governor in the 2027 election cycle.
The state’s high court handed down its ruling on Thursday after justices heard arguments in January where Mississippi Attorney General Lynn Fitch argued that she, not State Auditor Shad White, possesses the authority to prosecute cases aimed at recovering money on the State’s behalf. Fitch brought the case to the Court, appealing the ruling by Hinds County Chancellor J. Dewayne Thomas.
Chancellor Thomas ruled in November 2024 that the State Auditor could institute a lawsuit and the Attorney General is to prosecute the case. That prompted Fitch’s appeal to the Mississippi Supreme Court. A year later, the Court set the oral arguments for January of this year.
“Because the chancery court’s order breaks new ground as a total departure from the legislatively prescribed role of the auditor, we reverse the orders of the chancery court,” Justice Jenifer Branning wrote on behalf of the Court.
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.
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.”
In writing for the Mississippi Supreme Court, Justice Branning said, “Looking at the history of the statute, we note that a previous version of Section 7-7 211(g) provided that ‘the state auditor shall have authority and it shall be his duty to institute suit and prosecute the same[.]’ Then, in 1952, this statute was amended to its current language that ‘the [auditor] department shall have authority and it shall be its duty to institute suit and the attorney general shall prosecute the same[.]’ It is apparent that, though prosecutorial powers were once legislatively prescribed to the auditor, they were removed in 1952.”
Branning further wrote, “Looking to the duties and qualifications of each office, the attorney general is tasked with being the ‘chief legal officer’ of the state, and the qualifications for holding office are commensurate with those of a trial judge. In contrast, the duties of the auditor include accounting, auditing and investigative duties, and the qualifications for holding the office are the same as those for the secretary of state. The attorney general must be an attorney, and the auditor has no such requirement.”
In response to the state Supreme Court’s ruling, State Auditor White issued a statement saying, “Now that the court has ruled that Lynn Fitch has the sole authority to file suit to get misspent taxpayer money back, I can only assume the Attorney General will now change course and begin to aggressively fight in court for the recovery of all the welfare money. Maybe she will fight as hard to do that as she fought to stop me from recovering the money. Mississippi taxpayers deserve nothing less.”
