House Concurrent Resolution 36

A CONCURRENT RESOLUTION PROPOSING AMENDMENTS TO THE MISSISSIPPI CONSTITUTION OF 1890, BY AMENDING SECTION 145 TO PROVIDE THAT THE LEGISLATURE SHALL DIVIDE THE SUPREME COURT INTO NINE DISTRICTS WITH ONE JUDGE BEING ELECTED FROM EACH DISTRICT AT A TIME AND IN THE MANNER PROVIDED BY LAW; BY REPEALING SECTIONS 145-A AND 145-B, MISSISSIPPI CONSTITUTION OF 1890, WHICH PROVIDE FOR SIX JUDGES IN ADDITION TO THE ORIGINAL THREE JUDGES OF THE SUPREME COURT; AND FOR RELATED PURPOSES.

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

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 nine (9) Supreme Court districts, and there shall be elected one (1) judge for and from each district by the qualified electors thereof at a time and in the manner provided by law; 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 of the present incumbents, but they shall continue to hold their respective offices until the expiration of the terms for which they were respectively appointed."

II.

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."

III.

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."

BE IT FURTHER RESOLVED, That these proposed amendments 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, with the amendments in this resolution being voted on as one (1) amendment since the proposed amendments pertain to one (1) subject.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment provides that the Legislature shall divide the Supreme Court into nine districts with one judge being elected from each district at a time and in the manner provided by law."

BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi shall 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.