Brian Kelley
After interviewing eight candidates for Starkville’s open Municipal Judge seat, the Starkville Board of Aldermen voted to appoint Starkville attorney Brian Kelley to the position during a special-called meeting Friday afternoon.
Kelley will begin his position on Jan. 2, once the current Municipal Judge Rodney Faver has completed his term. The municipal position became vacant for the coming year after Faver took a new position as the Oktibbeha County Chancery Court Judge for District 14, Place 1.
The other seven applicants that interviewed Friday were Charles Bruce Brown, Jimmy Brown, Marty Haug, Jeffery Hosford, Jay Hurdle, Caroline Crawley Moore and Whit Waide. Kelley was the fifth applicant to interview.
“I enjoy practicing law because it gives me the opportunity to have a positive impact on many people’s lives,” Kelley said in his opening statement. “A significant portion of my practice has been in Starkville Municipal Court. I’ve also prosecuted cases on behalf of the United States Attorney’s Office.”
Kelley has practiced law for the past 17 years, 15 of which have been in Starkville.
“As a lawyer I’m able to have a positive impact on hundreds of lives per year,” Kelley said “I’m here today because I believe as a judge that would allow me to have an impact on thousands of lives per year— punishing the deserving, giving someone another chance, forcing someone to get a treatment for a problem that they need treatment for.”
Mayor Lynn Spruill asked Kelley if he would make any changes to the city’s Municipal Court if he were to be elected. Kelley said he believed Starkville Municipal Court should rule more consistently with the Oktibbeha County Circuit Court.
“For example, if the circuit court has consistently shown that it is going to non-adjudicate certain misdemeanor crimes for first-time offenders, then I believe that the municipal court should also non adjudicate those crimes,” Kelley said.
In addition, Kelley said he would consult the current court staff about the possibility of consolidating the number municipal court sessions.
“If we’re able to do that, then I believe it’s going to reduce the amount of overtime that we would pay city court staff,” Kelley said.
Kelley said he believed both changes would make the court system more efficient, while also benefiting everyone involved.
Ward 4 Alderman Jason Walker asked Kelley what the most important characteristic was for being a municipal judge. Kelley said the judge had to be just and fair, having an even temperament with everyone and treating everyone with respect.
“Everyone has to walk in here knowing they’re going to get a fair shake, that the court’s going to listen to both sides equally without bias and without prejudice,” Kelley responded.
Ward 5 Alderman Patrick Miller asked Kelley to define fairness.
“It means treating both sides equally. It means not having any prejudice toward either party. It means being unbiased. It means listening to the facts and deciding the case based on what was put in front of you without any outside impact,” Kelley said.
Referencing the local college population, Ward 3 Alderman David Little asked Kelley for his judicial philosophy with handling younger defendants.
“I would handle every single defendant who walked into this courtroom the same: equally and fairly,” Kelley said.
“In regards to your question on first-time offense, what I said earlier in terms of the changes I would make, I would offer those non adjudication practices that our circuit court is doing,” Kelley said.
Kelley said he would also offer pretrial diversion as an alternative, which had become a common legal route for low-level offenders.
“Things that would allow a college student or any member of our community to not hamper their future because they made one mistake when they were 20-years-old with a misdemeanor crime that didn’t affect anyone,” Kelley continued. “I would be a heavy advocate for using every process that our legislature has given us to give those people a chance.”
Walker made the motion to appoint Kelley as the next Municipal Judge with an annual salary of $55,000, effective Jan. 2, which was seconded by Ward 2 Alderman Sandra Sistrunk.
The motion passed with a vote of 4-3, with Ward 1 Alderman Ben Carver, Vice Mayor and Ward 6 Alderman Roy A’. Perkins and Ward 7 Alderman Henry Vaughn abstaining from the vote.
Carver, Perkins and Vaughn all made a point to say that they did not feel prepared to make a decision Friday and wished to take more time to consider the candidates.
“What’s the rush?” Perkins asked, echoing Carver and Vaughn. “I’m voting to abstain because there’s no reason to rush and we need to be fair to all of these eight outstanding attorneys who have come up here tonight.”
In his closing remarks, Kelley recognized that there were a number of capable attorneys who applied for the position but asked to be considered for the position due to his legal experience and his personal experience.
“From a legal qualification perspective, I believe that I have a very diversified legal experience background,” Kelley said.
Kelley noted he has defended Mississippi for the Attorney General, has prosecuted cases for the United States Attorney’s Office and has represented Fortune 500 companies while also representing “the poorest of clients” pro bono.
“I believe that that experience gives me a unique perspective,” he said.
“From a personal perspective, I have a passion for Starkville,” Kelley continued. “Over 15 years I have poured every ounce of myself into having a positive impact on this community. My law practice is here, my home is here, my family is here — every single investment I have ever made is here.”
“I will always do may part for the betterment of Starkville,” Kelley said. “I am committed to Starkville. I believe in Starkville. I believe that the role of Municipal Court Judge is a critical one in confirming our title as the best place to live in Mississippi.”
After the meeting, Kelley said he was honored and “incredibly humbled” by his appointment.
“The Municipal Court of Starkville will be focused on justice and fairness. I look forward to serving the City of Starkville in this role,” Kelley said.