MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Rules
By: Senator(s) Wiggins, Boyd, Turner-Ford, Thompson, Suber, Barrett, Blackmon, Fillingane, England, DeBar, McCaughn, McLendon, Simmons (12th), Hopson, Kirby, Sparks
A CONCURRENT RESOLUTION COMMEMORATING AND HONORING THE 30-YEAR ANNIVERSARY OF THE ESTABLISHMENT OF THE MISSISSIPPI COURT OF APPEALS AND COMMENDING ITS ACCOMPLISHMENTS.
WHEREAS, we join the members of The Mississippi Bar and the citizens of Mississippi in honoring the Mississippi Court of Appeals on the occasion of its 30th Anniversary; and
WHEREAS, the Court of Appeals of Mississippi was statutorily created by the Mississippi Legislature in 1994. The new appellate court was created due to the foresight of the Legislature, the Governor, the Judiciary, and The Mississippi Bar, to aid the Mississippi Supreme Court in resolving its overwhelming backlog of appeals and to share the future caseload with the Mississippi Supreme Court; and
WHEREAS, the Legislature, the Judiciary, the Governor, and the Mississippi Bar Association, became increasingly alarmed by the backlog of appeals at the Mississippi Supreme Court created by an increase in litigation, interstate commerce, international commerce and criminal cases. In 1987, the average delay between trial and decision by the Mississippi Supreme Court had increased to 715 days. In 1990, Mississippi had by far the largest population of the eleven states that had only a single appellate court. Comprehensive studies of the judiciary after 1985 led to recurring proposals for the creation of an intermediate court. In 1993, these efforts resulted in legislation being enacted to create a five-member intermediate appellate court with one judge from each of the then-existing congressional districts wherein the judges would stand for partisan elections during the 1994 general election; and
WHEREAS, during the 1994 legislative session, the Legislature enacted new legislation that doubled the size of the new appellate court to ten members and made the court nonpartisan. The 1994 legislation still called for the judges to be elected during the 1994 general election. Labor of countless persons made the new court of appeals possible. To ensure that the decisions in future appeals were timely, the 1995 Legislature passed legislation requiring the new appellate court to issue a decision in every case that was filed on or after July 1, 1998, within 270 days after the lawyers filed their final briefs. Prior to July 1, 1998, the new court was required to issue opinions expeditiously, thereby allowing the court time to overcome the backlog of appeals; and
WHEREAS, the first judges on this new court were sworn in on January 3, 1995, at a public investiture service. The first judges on the new court were as follows: Chief Judge John Fraiser, Jr., who introduced the bill creating the Court of Appeals while serving in the Mississippi Senate, Judge Frank Barber, Judge Billy Bridges (later a Chief Judge), Judge Thomas Coleman, Judge Oliver Diaz (later a Mississippi Supreme Court Justice), Judge Leslie King (later a Chief Judge and Mississippi Supreme Court Justice), Judge Roger McMillan (later a Chief Judge), Judge Mary Libby Payne, and Judge Leslie Southwick (later a Fifth Circuit Court of Appeals Judge). These initial judges worked earnestly in resolving the backlog of appeals resulting in the issuance of 529 opinions in 1995, 615 opinions in 1996, 701 opinions in 1997, and 578 opinions in 1998; and
WHEREAS, as time progressed, these initial judges departed the court. The following judges stepped up to serve and carry the torch of ensuring fair, impartial, and timely justice: in District 1, Judge Rook Moore, Chief Judge Donna Barnes, Judge David Chandler (later a Mississippi Supreme Court Justice), Judge James Maxwell, Judge Jim Greenlee, and Judge John Weddle; in District 2, Judge Jim Herring, Judge Tyree Irving, Judge Deborah McDonald, Judge Ermea Jean Russell, Judge Ceola James, and Judge Latrice Westbrooks; in District 3, Judge Larry Roberts, Judge Jack Wilson, Judge Jim Brantley, Judge Thomas K. Griffis (later a Mississippi Supreme Court Justice), Judge Cory Wilson (later a Fifth Circuit Court of Appeals Judge), Judge John Emfinger; in District 4, Judge Virginia Carter Carlton, Judge Greg Hinkebein, Chief Judge Joe Lee, Judge David McCarty; in District 5, Judge Bill Myers, Judge Eugene Fair, Judge Anthony (Tony) Lawrence, Judge David Ishee (later a Mississippi Supreme Court Justice), Judge Sean Tindell, Judge Joel Smith and Judge Amy St. Pé; and
WHEREAS, the Court of Appeals of Mississippi in its 30 years of service successfully resolved the alarming backlog of appeals pending at the Mississippi Supreme Court and hence forth has successfully shared the appellate caseload issuing over 15, 365 merit opinions in a timely manner, issuing appellate decisions in an average of 200 days, and handling over approximately 1000 motions a year. The Court of Appeals also successfully conducts community outreach and education with a traveling court on-the-road program wherein the court hears cases in communities around the state, and by providing legal education classes to numerous groups, participating in externship programs for law students, and hosting groups at the court; and
WHEREAS, it is with great pride that we recognize the history and level of commitment of this outstanding institution in the Mississippi judicial branch of government and extend the heartfelt thanks of the Legislature to these judges and support staff whose professional work has ensured fair, impartial and timely justice in Mississippi:
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF MISSISSIPPI, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN, That we do hereby commemorate and honor the 30-year anniversary of the establishment of the Mississippi Court of Appeals and commend its accomplishments, and extend the heartfelt thanks of the Legislature to this institution for its accomplishments.
BE IT FURTHER RESOLVED, That this resolution be presented to the Chief Judge of the Mississippi Court of Appeals at appropriate ceremonies recognizing the history of the court and be made available to the Capitol Press Corps.