MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary; Appropriations

By: Senator(s) Turner

AN ACT TO AMEND SECTIONS 9-7-43 AND 9-7-44, MISSISSIPPI CODE OF 1972, TO SUBDIVIDE THE SIXTEENTH CIRCUIT COURT DISTRICT AND TO CREATE AN ADDITIONAL JUDGESHIP; TO PROVIDE FOR THE ELECTION THEREOF; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 9-7-43, Mississippi Code of 1972, is amended as follows:

9-7-43. (1) The Sixteenth Circuit Court District shall be comprised of the following counties:

(a) Clay County;

(b) Lowndes County;

(c) Noxubee County; and

(d) Oktibbeha County.

(2) For the purposes of any judicial election held after November 1, 1998, the Sixteenth Circuit Court District shall be divided into two (2) subdistricts as follows:

(a) Subdistrict 16-1 shall consist of the following precincts from the following counties:

(i) Noxubee County: All;

(ii) Clay County: Union Star, Tab and South West Point precincts;

(iii) Lowndes County: Fair Grounds, Coleman, Mitchell, Plum Grove A, Crawford A, Hunt B, Hunt A, Union Academy B, Artesia, Crawford B, Crawford C, New Hope C and Plum Grove B precincts; and

(iv) Oktibbeha County: Osborn, Hickory Grove, Bell Schoolhouse, Sessums and Oktoc precincts.

(b) Subdistrict 16-2 shall consist of the following precincts from the following counties:

(i) Clay County: Vinton, North West Point, East West Point, Siloam, Central West Point, Cairo, Caradine, UNA, West West Point, Cedar Bluff, Pheba and Pine Bluff precincts;

(ii) Lowndes County: Caledonia, Steens A, Steens B, Caldwell, Stokes Beard B, Stokes Beard A, Fairview, Sale, Rural Hill B, Lee High, Brandon, Franklin, Air Base A, Air Base B, Air Base C, Steens C, Rural Hill A, New Hope A, New Hope B, Union Academy A, University A, University B, West Lowndes and Mayhew precincts; and

(iii) Oktibbeha County: West Starkville, Adaton, North Longview, Self Creek, Double Springs, Northeast Starkville, East Starkville, North Starkville, Center Grove, Maben, South Starkville, South Longview, Craig Springs, Bradley, Sturgis, Central Starkville and Gillespie Street Center precincts.

SECTION 2. Section 9-7-44, Mississippi Code of 1972, is amended as follows:

9-7-44. (1) Except as otherwise provided in this section, there shall be two (2) judges for the Sixteenth Circuit Court District. For the purposes of appointment and election only, the two (2) judgeships shall be separate and distinct, and shall be designated as "Place One" and "Place Two."

(2) From and after January 1, 1999, there shall be three (3) judges for the Sixteenth Circuit Court District. The initial term for the third judgeship, being "Place Three," created under this section shall begin on January 1, 1999, and shall run concurrently with the terms of circuit judges generally. The initial holder of "Place Three" shall not be appointed but shall be elected, and all candidates therefor shall file their intent to be a candidate and pay the fee as provided for in Section 23-15-977 and shall run in the general election of 1998. The appointment or election to fill a vacancy in "Place Three" shall be appointed or elected from subdistrict 16-1. The appointment or election to fill a vacancy in either "Place One" or "Place Two" shall be appointed or elected from subdistrict 16-2.

SECTION 3. The Attorney General of the State of Mississippi is directed to submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, 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.

SECTION 4. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.