MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Judiciary, Division A

By: Senator(s) Tate

Senate Bill 2353

AN ACT TO PROHIBIT CIRCUIT COURT JUDGES FROM PROVIDING ANY POLITICAL CANDIDATE AN OPPORTUNITY TO ADDRESS THE PUBLIC DURING COURT TERMS; TO AMEND SECTION 23-15-973, MISSISSIPPI CODE OF 1972, TO PROHIBIT CIRCUIT JUDGES FROM ALLOWING ANY POLITICAL CANDIDATE TO ADDRESS THE PUBLIC DURING COURT TERMS; AND FOR RELATED PURPOSES.

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

SECTION 1.  No judge of any circuit court shall provide an opportunity for any political candidate to address the public during court terms.

     SECTION 2.  Section 23-15-973, Mississippi Code of 1972, is amended as follows:

     23-15-973. * * *  It shall be the duty of the judges of the circuit court to give a reasonable time and opportunity to the candidates for the office of judge of the Supreme Court, judges of the Court of Appeals, circuit judge and chancellor to address the people during court terms.  In order to give further and every possible emphasis to the fact that the said judicial offices are not political but are to be held without favor and with absolute impartiality as to all persons, and because of the jurisdiction conferred upon the courts by this chapter, the judges thereof should be as far removed as possible from any political affiliations or obligations. No judge of any circuit court may provide an opportunity for any candidate for justice of the Supreme Court, judge of the Court of Appeals, circuit judge or chancellor to address the public during court terms.  It shall be unlawful for any candidate for * * * any of the offices mentioned in this section the office of justice of the Supreme Court, judge of the Court of Appeals, circuit judge or chancellor to align himself with any candidate or candidates for any other office or with any political faction or any political party at any time during any primary or general election campaign.  Likewise it shall be unlawful for any candidate for any other office nominated or to be nominated at any primary election, wherein any candidate for any of the judicial offices in this section mentioned, is or are to be nominated, to align himself with any one or more of the candidates for said offices or to take any part whatever in any nomination for any one or more of said judicial offices, except to cast his individual vote.  Any candidate for any office, whether nominated with or without opposition, at any primary wherein a candidate for any one (1) of the judicial offices herein mentioned is to be nominated who shall deliberately, knowingly and willfully violate the provisions of this section shall forfeit his nomination, or if elected at the following general election by virtue of said nomination, his election shall be void.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2021.

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