MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary A

By: Representative Green (72nd)

House Bill 1137

AN ACT TO AMEND SECTION 9-3-11, MISSISSIPPI CODE OF 1972, TO PROVIDE AN AGE LIMITATION ON CHIEF JUSTICE OF THE SUPREME COURT; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 9-3-11, Mississippi Code of 1972, is amended as follows:

9-3-11. The judge of the Supreme Court who has been for the longest time continuously a member of the court shall be chief justice; and, the two (2) judges of the Supreme Court who have served continuously for the next longest time shall be presiding justices. However, a chief justice who has attained the age of sixty-eight (68) years shall rotate in succession and no longer be the chief justice but may remain on the court for the remainder of his term. Such justice who reaches the age of sixty-eight (68)_ years may continue to serve on the Supreme Court but may not serve as chief justice. In case of the absence of the chief justice, the presiding justice who has been for the longest time continuously a member shall preside. In the event that two (2) or more judges of the Supreme Court shall have served as members of the Supreme Court for equal periods of time, then seniority shall be determined according to the length of time that such judges shall have been members of the Mississippi State Bar.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.