MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Constitution

By: Representative Reeves

A CONCURRENT RESOLUTION PROPOSING TO AMEND THE MISSISSIPPI CONSTITUTION OF 1890, BY AMENDING SECTIONS 145 AND 149 AND BY REPEALING SECTIONS 145A AND 145B, TO PROVIDE THAT JUDGES OF THE MISSISSIPPI SUPREME COURT SHALL BE APPOINTED BY THE GOVERNOR; AND FOR RELATED PURPOSES. 

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendments to the Mississippi Constitution of 1890 are proposed to the qualified electors of the state:

I.

Amend Section 145, Mississippi Constitution of 1890, to read as follows:

"Section 145. The Supreme Court shall consist of nine (9) judges, any five (5) of whom, when convened, shall form a quorum. The Legislature shall divide the state into three (3) Supreme Court districts, and there shall be appointed three (3) judges for and from each district by the Governor, with the advice and consent of the Senate, at a time and in the manner provided by law; but the removal of a judge to the State Capitol during his term of office shall not render him ineligible as his own successor for the district from which he has removed.  * * * The adoption of this amendment shall not abridge the terms of any of the present incumbents, but they shall continue to hold their respective offices until the expiration of the terms for which they were respectively elected."

II.

Repeal Section 145A, Mississippi Constitution of 1890, which reads as follows:

"Section 145A. The Supreme Court shall consist of six (6) judges, that is to say, of three (3) judges in addition to the three (3) provided for by Section 145 of this Constitution, any four (4) of whom when convened shall form a quorum. The additional judges herein provided for shall be selected one (1) for and from each of the Supreme Court districts in the manner provided by Section 145 of this Constitution, or any amendments thereto. Their terms of office shall be as provided by Section 149 of this Constitution, or any amendment thereto."

III.

Repeal Section 145B, Mississippi Constitution of 1890, which reads as follows:

"Section 145B. The Supreme Court shall consist of nine (9) judges, that is to say, of three (3) judges in addition to the six (6) provided for by Section 145A of this Constitution, any five (5) of whom when convened shall constitute a quorum. The additional judges herein provided for shall be selected one (1) for and from each of the Supreme Court districts in the manner provided by Section 145A of this Constitution or any amendment thereto. Their terms of office shall be as provided by Section 149 of this Constitution or any amendment thereto."

IV.

Amend Section 149, Mississippi Constitution of 1890, to read as follows:

"Section 149. The terms of office of the judges of the Supreme Court shall be eight (8) years. The Legislature shall provide as near as can be conveniently done that the offices of not more than a majority of the judges of said court shall become vacant at any one time; and if necessary for the accomplishment of that purpose, it shall have power to provide that the terms of office of some of the judges first to be appointed shall expire in less than eight (8) years. The adoption of this amendment shall not abridge the terms of any of the present incumbents of the office of judge of the Supreme Court; but they shall continue to hold their respective offices until the expiration of the terms for which they were respectively elected."

BE IT FURTHER RESOLVED, That these proposed amendments shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 1997, as provided by Section 273 of the Constitution and by general law, with the amendments in this resolution being voted on as one (1) amendment since the proposed amendments pertain to one (1) subject.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment provides that the judges of the Supreme Court shall be appointed by the Governor with the advice and consent of the Senate."

BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi shall submit this resolution, immediately upon adoption by the Legislature, to the Attorney General of the United States or to the United States District Court for the District of Columbia, in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.