MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Constitution

By: Representative Reeves

A CONCURRENT RESOLUTION PROPOSING TO AMEND SECTION 146, MISSISSIPPI CONSTITUTION OF 1890, TO REQUIRE THAT THE MISSISSIPPI SUPREME COURT AND THE COURT OF APPEALS ISSUE A DECISION IN EVERY CASE WITHIN A SPECIFIED TIME AFTER THE FINAL BRIEF IS FILED WITH THE COURT; AND FOR RELATED PURPOSES.

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

Amend Section 146, Mississippi Constitution of 1890, to read as follows:

"Section 146. The Supreme Court shall have such jurisdiction as properly belongs to a court of appeals and shall exercise no jurisdiction on matters other than those specifically provided by this Constitution or by general law. The Legislature may by general law provide for the Supreme Court to have original and appellate jurisdiction as to any appeal directly from an administrative agency charged by law with the responsibility for approval or disapproval of rates sought to be charged the public by any public utility. The Supreme Court shall consider cases and proceedings for modification of public utility rates in an expeditious manner regardless of their position on the court docket. The Supreme Court shall issue a decision in every case within its original jurisdiction, including all direct and post-conviction collateral relief appeals or applications in cases imposing the death penalty within two hundred seventy (270) days after the final briefs have been filed with the court. The Supreme Court shall issue a decision in every case received on certiorari from the Court of Appeals within one hundred eighty (180) days after the final brief has been filed with the court. The Court of Appeals, shall issue a decision in every case before the Court of Appeals within two hundred seventy (270) days after the final brief has been filed with the court."

BE IT FURTHER RESOLVED, That this proposed amendment 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 2002, as provided by Section 273 of the Constitution and by general law.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment requires the State Supreme Court and the Court of Appeals to issue a decision in every case within a specified time after the final brief is filed with the court."