1997 Regular Session
To: Judiciary A
By: Representative Perry
House Bill 999
(As Passed the House)
AN ACT TO AMEND SECTION 9-3-6, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT RETIRED JUDGES OF THE COURT OF APPEALS MAY RETURN TO ACTIVE SERVICE ON AN EMERGENCY BASIS; TO AMEND SECTION 9-3-12, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT JUDGES OF THE COURT OF APPEALS WHO REACH THE AGE OF 65 MAY RETIRE FROM ACTIVE SERVICE; TO AMEND SECTION 9-3-29, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE APPOINTMENT OF A DEPUTY MARSHAL BY THE SUPREME COURT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-3-6, Mississippi Code of 1972, is amended as follows:
9-3-6. (1) The Supreme Court shall have the authority to request any Supreme Court justice or Court of Appeals judge who has retired from the court, except by defeat at the polls, to return to active service on the court from which he retired on an emergency basis.
(2) It shall be the duty of such recalled judge, who consents to serve, to assist the court from which he retired in the disposition of causes pending in the court and in the determination of causes presented to the court, under such rules and regulations as the Supreme Court may adopt. However, such judge shall not be entitled to vote in the decision of any case heard by such court.
(3) No such recalled judge may, during any fiscal year, receive compensation in excess of twenty-five percent (25%) of the current salary in effect for an associate justice of the Supreme Court. While serving under this section, such judge shall be compensated at the monthly rate of a regular associate justice or judge, as the case may be.
(4) If such recalled judge is receiving retirement benefits by virtue of the provisions of the Public Employees' Retirement Law of 1952, appearing as Section 25-11-1 through Section 25-11-139, Mississippi Code of 1972, such benefits shall not be reduced in any sum whatsoever because of such service, nor shall any sum be deducted as contributions toward retirement under said act.
(5) The Supreme Court may, by order spread upon its minutes, give a name or title to the judicial positions created by the provisions of this section.
SECTION 2. Section 9-3-12, Mississippi Code of 1972, is amended as follows:
9-3-12. (1) Any justice of the Mississippi Supreme Court or judge of the Court of Appeals who has reached the age of sixty-five (65) years, and who resigns as hereafter provided, may retire from active service as Chief, Presiding, or Associate Justice of the Supreme Court or judge of the Court of Appeals by forwarding a written resignation to the Governor, with a copy to the * * * court on which he is serving. Any vacancy on the * * * court shall be filled as provided by law. Such judge shall perform for the judges of the * * * court from which he retired such service as the Supreme Court may designate from time to time. There shall be no more than three (3) such judges from each court serving at any one (1) time and each judge shall serve for a term equal to the balance of the term for which he was last elected by popular vote as a * * * justice or judge; provided, however, no such judge shall serve for a longer period than four (4) years. Such judge shall receive a salary equivalent to two-thirds (2/3) of the salary of an associate justice or judge of the court to which he was elected.
(2) During his tenure, such judge shall continue to be deemed an official elected by popular vote for the remainder of the term to which he was elected by popular vote * * *, but such judge shall not be entitled to vote as to the decision of any case heard by the * * * court.
(3) The provisions of this section shall not in any manner be construed to require any judge to resign, or to alter, limit or modify the privileges of a * * * judge to resign from active service and to retire in the manner provided by law, or the privilege of a * * * judge who so retires to receive full retirement benefits in the manner provided by law. However, no such judge who resigns under the provisions of this section shall receive retirement benefits while serving under the provisions of this section.
(4) The * * * court from which the judge resigns may, by order spread upon its minutes, give a name or title to the judicial positions created by the provisions of this section.
SECTION 3. Section 9-3-29, Mississippi Code of 1972, is amended as follows:
9-3-29. The Supreme Court may, by order entered on its minutes, appoint a marshal and a deputy marshal, who shall hold their places during the pleasure of the court, and shall attend its sessions, and perform all the duties of a sheriff and deputies attending court, and shall obey all lawful orders of the court. Said marshal and deputy marshal shall each receive a salary to be fixed by the judges of the Supreme Court, through an order entered on the minutes of said court, within its appropriation. They shall be paid on a certificate by the Chief Justice, or by a justice appointed by him to so act, to the Auditor of Public Accounts, who shall issue his warrant for the amount or amounts so certified to the State Treasurer.
SECTION 4. This act shall take effect and be in force from and after July 1, 1997.