The seven current members of the Mississippi Supreme Court on Tuesday quizzed attorneys for State Auditor Shad White and Attorney General Lynn Fitch over which statewide official can bring a lawsuit to recoup misspent taxpayer money.
During oral arguments in a case that involves Mississippi’s massive welfare scandal, Pro Football Hall of Fame quarterback Brett Favre and the two Republican statewide officials, justices Josiah Coleman and Kenny Griffis, appeared vexed that the two agencies, which should be working on behalf of state taxpayers, were arguing in court over the issue.
“So, what are we fighting about?” Griffis asked at one point.
The issue is over a section of Mississippi law stating that the auditor is “to institute suit, and the attorney general shall prosecute the same in any court of the state,” when recovering misspent tax dollars.
Fitch first took White to court when the auditor attempted to sue Favre to recoup a portion of allegedly misspent welfare money.
Fitch, as the state’s top legal officer, believes she has the exclusive right to file a civil lawsuit on behalf of the state, and it would be unrealistic to compel the attorney general to file litigation she doesn’t believe is legitimate.
White believes the plain reading of the state law clearly gives him the authority to initiate lawsuits and requires the attorney general to follow through and prosecute on his behalf.
A Hinds County chancery judge sided with White, so the attorney general appealed to the state’s highest court.
But if White were to prevail, Justice Coleman questioned how this auditor and attorney general scenario would work in reality, especially under situations where the attorney general and state auditor disagree over how litigation should proceed.
Lawyers have an ethical and professional responsibility to tell the truth in court and in court filings, so Coleman asked, in a hypothetical situation, if the attorney general was supposed to forsake those obligations simply because a state auditor wanted to pursue a claim.
Mississippi Supreme Court Justice Josiah Coleman asks questions of attorneys representing Attorney General Lynn Fitch’s office and State Auditor Shad White, Tuesday, Jan. 20, 2026 in Jackson. Credit: Vickie D. King/Mississippi Today“If we reduce everything to the absurd, we can always find the limits,” Clay Baldwin, an attorney for White, answered.
“It’s not absurd that a lawyer would have a client or a potential client come to them and ask them to pursue a case that, in that lawyer’s judgment, has no merit and is frivolous,” Coleman responded.
Baldwin then argued that if the attorney general’s office refused, state law allows an agency to seek outside counsel.
The money at the center of the legal fight between the two statewide officials is about $730,000 that White claims Favre owes the state because of unpaid interest.
Fitch’s office, on behalf of the Mississippi Department of Human Services, sued dozens of defendants, including Favre, to try to recoup allegedly misspent welfare money. But it did not include funds that White’s office is pursuing.
Griffis asked Scott Stewart, Mississippi’s solicitor general, who argued on behalf of Fitch, whether the attorney general’s office ever planned to file a suit to claw back this money. Stewart did not answer the question directly and said the office would have to make a “final determination” on the matter.
“When this court is deciding things, it’s not just about this case,” Stewart argued. “It’s about many, many cases. It’s about the rule of law that is going to control in many, many cases.”
Stewart’s response highlighted how little information and how few updates the public has received on the massive scandal that auditors said resulted in the loss of at least $100 million in federal funds meant to assist the needy, reduce poverty or feed the hungry from 2016 to 2020.
Mississippi Supreme Court Justice Kenny Griffis asks questions of attorneys representing Attorney General Lynn Fitch’s office and State Auditor Shad White, Tuesday, Jan. 20, 2026 in Jackson. Credit: Vickie D. King/Mississippi TodayFor the last two weeks, former wrestler Teddy DiBiase has been standing trial for his alleged role in the scandal.
Neither Fitch nor White was in the courtroom on Tuesday. The two officials have said they’re considering running for governor and have clashed in recent years over the handling of the scandal.
Fitch also withdrew her office’s representation of the auditor in two defamation lawsuits, including one filed by Favre, after determining a book White wrote about the welfare scandal cast her office in a negative light and created a conflict of interest.
Tuesday’s arguments were somewhat unusual, as a full court participated. But only seven justices are currently on the usual nine-member court because the U.S. Senate recently confirmed two of the former members as federal judges in northern Mississippi.
It’s unclear when the justices will deliver a ruling in the case, but the court typically issues rulings on Thursdays.
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