MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary A

By: Representative Morris

AN ACT TO AMEND SECTION 9-19-1, MISSISSIPPI CODE OF 1972, TO REVISE THE MEMBERSHIP OF THE COMMISSION ON JUDICIAL PERFORMANCE; TO BRING FORWARD SECTION 9-19-3, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 9-19-1, Mississippi Code of 1972, is amended as follows:

9-19-1. The Commission on Judicial Performance shall consist of the following members:

(a) One (1) circuit court judge to be appointed by the Conference of Circuit Court Judges;

(b) One (1) chancellor to be appointed by the Conference of Chancery Court Judges;

(c) One (1) county court judge to be appointed by the Conference of County Court Judges;

(d) One (1) justice court judge to be appointed by the Mississippi Justice Court Officers Association;

(e) One (1) municipal court judge to be appointed by the Mississippi Municipal Judges Association;

(f) One (1) practicing attorney to be appointed by the Governing Board of the Mississippi State Bar Association; and

(g) Two (2) lay persons who shall not be residents of the same Supreme Court district to be appointed by the Chief Justice of the Supreme Court of Mississippi. One of such lay persons shall be appointed from a list submitted by the Mississippi Trial Lawyers Association and one (1) of such lay persons shall be appointed from a list submitted by the Mississippi Prosecutors Association. Each of such lists shall contain the names of three (3) or more qualified persons.

An alternate for each member shall be selected at the time and in the manner prescribed for initial appointments in each representative class to replace those members who might be disqualified or absent.

SECTION 2. Section 9-19-3, Mississippi Code of 1972, is brought forward as follows:

9-19-3. The terms of office of the commission members shall be for six (6) years, except that the initial terms of office shall be as follows: the circuit court judge member for six (6) years, the chancellor member for five (5) years, the county court judge member for five (5) years, the justice court judge member for four (4) years, one (1) of the lay members for three (3) years, the other lay member for two (2) years, and the attorney member for one (1) year. Members shall not be allowed to succeed themselves after serving a full term. Commission membership terminates if a member ceases to hold the position that qualified the member for appointment. A vacancy shall be filled by the appointing power for the remainder of the term.

No member of the commission, except a justice or judge, shall be eligible for state judicial office so long as he is a member of the commission and for a period of two (2) years thereafter. No member of the commission shall hold office in a political party or participate in any campaign for judicial office and hold public office; provided that a judge may participate in his own campaign for judicial office and hold that office. The commission shall elect one (1) of its members as its chairman.

SECTION 3. This act shall take effect and be in force from and after July 1, 1999.