MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary

By: Senator(s) Walls

AN ACT TO AMEND SECTION 9-4-9, MISSISSIPPI CODE OF 1972, TO REVISE THE METHOD OF SELECTION OF THE PRESIDING JUDGES OF THE COURT OF APPEALS; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 9-4-9, Mississippi Code of 1972, is amended as follows:

9-4-9. The Supreme Court shall prescribe rules for the submission of cases to panels of the court and to the court en banc, as well as all other rules of procedure for the Court of Appeals. The two (2) judges of the Court of Appeals, other than the Chief Judge, who have served continuously for the longest time shall be presiding justices. 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 Court of Appeals shall have served as members of the Court of Appeals for equal periods of time, seniority shall be determined according to the length of time that such judges shall have been members of The Mississippi Bar.

The Chief Judge shall preside over any panel on which he or she shall sit, and a Presiding judge shall * * * preside * * * over any panel on which the Chief Judge is not a member * * *.

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