Protecting Transparency and Access in Mississippi Youth Court

OSPD et al. v. Surkin

On June 24, 2026, the Mississippi Office of State Public Defender sued the state Administrative Office of Courts (AOC) to prevent the AOC from denying Youth Court attorneys and their clients access to documents in their own cases.

In Youth Courts across Mississippi, judges make life-altering decisions in cases involving parents accused of neglect or abuse and children accused of violating the law. Judges decide whether to permanently end children’s legal relationships with their parents, siblings, and grandparents; rearrange entire families; and confine children to jail cells. 

This system is shrouded in secrecy: the courtroom doors are closed, and case records are completely confidential, subject only to certain exceptions set out in a statute. Any person who violates the statute can be criminally prosecuted. Additionally, parents and children who are facing permanent destruction of their families, and children who are facing years of detention, are routinely denied access to their own records, including charging documents, discovery, and court orders. In other cases, access is delayed or subject to certain limitations, such as a requirement that defense counsel review the file in full view of a government official. These practices prevent Youth Court attorneys from doing their jobs as lawyers, and their clients from getting fair hearings.

On July 1, 2026, this unconstitutional system will get even worse when the statute (MS Code §43-21-261) that currently allows exceptions to confidentiality automatically expires. Parents, children, and their attorneys will be universally denied access to their own Youth Court records. Records will not even be shared with CPS, medical providers, school officials, or others who provide care to children in the foster system. 

To forestall catastrophe, on June 24, 2026, the Mississippi Office of State Public Defender, its leadership, and private defense counsel Arman Miri, filed a lawsuit in federal District Court against the Mississippi Director of the Administrative Office of Courts (AOC) to ensure they, other Youth Court attorneys, and their clients, can access their own case files after the provision sunsets. 

The lawsuit alleges that denying Youth Court attorneys access to case records and documents violates their clients’ procedural due process rights. Therefore, Plaintiffs have asked the Court to enjoin AOC, requiring them to continue providing access to records consistent with their current practices in the short term and, in the long term, to provide Youth Court attorneys and their clients with access to all records for cases in which they are counsel or a party.

On June 29, 2026, the federal District Court issued an Agreed Order of Continuance that requires the AOC to continue their current practices of allowing Youth Court attorneys and their clients access to case files even after the exceptions outlined in §43-21-261 are repealed. The order will remain in effect till July 15, after which it can be extended if necessary.

Plaintiffs are represented by Civil Rights Corps, Public Justice, MacArthur Justice Center, and Carner & Rosemon, PLLC.

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