House Concurrent Resolution 3

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 171, MISSISSIPPI CONSTITUTION OF 1890, TO REQUIRE PERSONS ELECTED TO THE OFFICE OF JUSTICE COURT JUDGE TO HAVE BEEN A PRACTICING ATTORNEY FOR AT LEAST FIVE YEARS UNLESS HE OR SHE SERVED OR WAS ELECTED TO THE OFFICE OF JUSTICE COURT JUDGE BEFORE JANUARY 1, 2005; TO AUTHORIZE THE MAXIMUM CIVIL JURISDICTION IN JUSTICE COURT TO BE ESTABLISHED BY GENERAL LAW; 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 171, Mississippi Constitution of 1890, to read as follows:

"Section 171. A competent number of justice court judges and constables shall be chosen in each county in the manner provided by law, but not less than two (2) such judges in any county, who shall hold their office for the term of four (4) years. Each justice court judge shall have resided two (2) years in the county next preceding his selection and shall have been a practicing attorney for at least five (5) years unless he shall have served as a justice court judge or been elected to the office of justice court judge prior to January 1, 2005. * * *

The maximum civil jurisdiction of the justice court shall extend to causes in which the principal amount in controversy is * * * such * * * amount as may be prescribed by law. The justice court shall have jurisdiction concurrent with the circuit court over all crimes whereof the punishment prescribed does not extend beyond a fine and imprisonment in the county jail; but the Legislature may confer on the justice court exclusive jurisdiction in such petty misdemeanors as the Legislature shall see proper.

In all causes tried in justice court, the right of appeal shall be secured under such rules and regulations as shall be prescribed by law, and no justice court judge shall preside at the trial of any cause where he may be interested, or the parties or either of them shall be connected with him by affinity or consanguinity, except by the consent of the justice court judge and of the parties.

All reference in the Mississippi Code to justice of the peace shall mean justice court judge."

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 2006, 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 persons elected to the office of justice court judge to have been a practicing attorney for at least five years unless he or she served or was elected to the office of justice court judge before January 1, 2005. The amendment also authorizes the maximum civil jurisdiction in justice court to be established by general law."

BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi shall submit this resolution, immediately upon approval 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.