MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Constitution

By: Senator(s) Ross

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 145, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE FOR THE APPOINTMENT OF THE SUPREME COURT JUDGES; TO ADD A NEW SECTION 144A, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE FOR THE SELECTION OF JUDGES; TO PROVIDE THAT THE GOVERNOR SHALL FILL VACANCIES BY APPOINTMENT; TO PROVIDE FOR A RETENTION ELECTION ON EACH JUDGE AFTER SERVING EACH TERM; TO ESTABLISH THE TERM OF OFFICE; TO AUTHORIZE THE LEGISLATURE TO PROVIDE FOR STAGGERED TERMS; TO REPEAL SECTIONS 145A AND 145B, MISSISSIPPI CONSTITUTION OF 1890, WHICH PROVIDE FOR ADDITIONAL SUPREME COURT JUDGES; TO REPEAL SECTION 177, MISSISSIPPI CONSTITUTION OF 1890, WHICH PROVIDES FOR THE FILLING OF A JUDICIAL VACANCY WHEN THE LEGISLATURE IS NOT IN SESSION; TO REPEAL SECTIONS 149 AND 149A, MISSISSIPPI CONSTITUTION OF 1890, WHICH PROVIDE FOR THE TERMS OF OFFICE OF JUDGES OF THE SUPREME COURT AND AUTHORIZE THAT COURT TO SIT IN DIVISIONS; AND FOR RELATED PURPOSES. 

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, TWO-THIRDS OF THE SENATE AND HOUSE OF REPRESENTATIVES CONCURRING THEREIN, WHICH TWO-THIRDS CONSISTS OF NOT LESS THAN A MAJORITY OF THE MEMBERS ELECTED TO EACH HOUSE, That the following amendments to the Mississippi Constitution of 1890 be submitted to the qualified electors of the state for ratification or rejection at an election to be held on the first Tuesday after the first Monday of November 1998:

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 the Governor shall appoint three (3) judges for and from each district * * * in the manner provided by this Constitution; 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 districts from which he has removed. * * * The adoption of this amendment shall not abridge the terms of any incumbent who shall continue to hold his respective office until the expiration of the terms for which he was elected.

The Supreme Court shall have power, under such rules and regulations as it may adopt, to sit in divisions of three (3) judges each, any two (2) of whom when convened shall form a quorum; each division shall have full power to hear and adjudge all cases that may be assigned to it by the court. In the event the judges composing any division shall differ as to the judgment to be rendered in any cause, or in the event any judge of either division, within a time and in a manner to be fixed by the rules to be adopted by the court, shall certify that in his opinion any decision of any division of the court is in conflict with any prior decision of the court or of any division thereof, the cause shall then be considered and adjudged by the full court or a quorum thereof.

Amend Article 6 of the Mississippi Constitution of 1890 by adding a new section to be designated as Section 144A, Mississippi Constitution of 1890, to read as follows:

Section 144A. (1) Whenever a vacancy occurs in the office of judge of the Supreme Court, the Governor shall fill such vacancy by appointment, subject to the advice and consent of the Senate.

(2) Any judge holding office, or elected thereto, at the time which this section becomes applicable to his office, shall, unless removed for cause, remain in office for the term to which he was elected. Not less than ninety (90) days prior to the holding of the general election next preceding the expiration of his term of office, a judge may file in the office of the Secretary of State a declaration of candidacy for election to succeed himself. If a declaration is not so filed by the judge, the vacancy resulting from the expiration of his term of office shall be filled by appointment as herein provided. If such declaration is filed, his name shall be submitted at said general election to the voters eligible to vote within his district. The ballot shall read substantially as follows:

"Shall Judge ___________________________________________

(Here the name of the judge shall be inserted)

of the ________________________________________________

(Here the title of the court and district shall be inserted)

be retained in office? Yes____ No_____"

If a majority of those voting on the question vote against retaining him in office, upon the expiration of his term of office, a vacancy shall exist which shall be filled by appointment as provided in this section; otherwise, the judge shall, unless removed for cause, remain in office for the term of such office, and at the expiration of each term shall be eligible for retention in office by election in the manner herein prescribed.

(3) The term 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.

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.

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.

Repeal Section 149, Mississippi Constitution of 1890, which reads as follows:

Section 149. The term 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 elected 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 appointed.

Repeal Section 149A, Mississippi Constitution of 1890, which reads as follows:

Section 149A. The Supreme Court shall have power, under such rules and regulations as it may adopt, to sit in two (2) divisions of three (3) judges each, any two (2) of whom when convened shall form a quorum; each division shall have full power to hear and adjudge all cases that may be assigned to it by the court. In event the judges composing any division shall differ as to the judgment to be rendered in any cause, or in event any judge of either division, within a time and in a manner to be fixed by the rules to be adopted by the court, shall certify that in his opinion any decision of any division of the court is in conflict with any prior decision of the court or of any division thereof, the cause shall then be considered and adjudged by the full court or a quorum thereof.

Repeal Section 177, Mississippi Constitution of 1890, which reads as follows:

Section 177. The Governor shall have power to fill any vacancy which may happen during the recess of the Senate in the office of judge or chancellor, by making a temporary appointment of an incumbent, which shall expire at the end of the next session of the Senate, unless a successor shall be sooner appointed and confirmed by the Senate. When a temporary appointment of a judge or chancellor has been made during the recess of the Senate, the Governor shall have no power to remove the person or appointee, nor power to withhold his name from the Senate for their action.

BE IT FURTHER RESOLVED, That the Secretary of State is hereby directed to give public notice of an election in the manner and for the time provided by Section 273 of the Constitution, and an election is hereby called and fixed to be held on the first Tuesday after the first Monday in November 1998, for the purpose of submitting this and other amendments to the Constitution to qualified electors of this state for approval or rejection, with the amendments in this resolution being voted on as one (1) amendment since the proposed amendments pertain to one (1) subject, such election to be conducted and held as provided by law for statewide general elections.

BE IT FURTHER RESOLVED, That the explanation of the amendment for the ballot shall read as follows: "This proposed constitutional amendment provides for the appointment of the judges of the Supreme Court. The Governor shall appoint a judge subject to the advice and consent of the Senate. The people may vote on whether to retain a judge when his term of office expires. If the people vote not to retain, then the vacancy is filled by appointment. Section 177, which provides for the filling of a judicial vacancy when the Legislature is out of session, is repealed, and sections which increased the size of the court, provided for the term of office to be eight (8) years and authorized the hearing of cases in divisions, are repealed."

BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi is hereby directed to 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.