MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary

By: Senator(s) Burton (By Request)

AN ACT TO PROVIDE FOR THE REMOVAL OF AN INADEQUATE JUDGE; AND FOR RELATED PURPOSES.

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

SECTION 1. Definitions: The term "inadequate" will be applied to a judge that has not fulfilled the duties that are expected of a judge. The term "total verdicts" will be defined as the number of final verdicts returned by a judge in any particular case.

SECTION 2. Judges who are decided to be inadequate will immediately be removed from their positions.

SECTION 3. The Mississippi Commission of Judicial Performance will evaluate the judges.

SECTION 4. If the Mississippi Commission of Judicial Performance determines that more than fifteen percent (15%) of a judge's total verdicts have been overturned by the Mississippi Supreme Court, that judge will undergo a further evaluation by the Mississippi Commission of Judicial Performance. The Mississippi Commission of Judicial Performance will then determine if the judge is inadequate.

SECTION 5. Judges are evaluated over a one-year period beginning on January 1 of each year and ending on December 31 of that same year. Evaluation takes place each year of a judge's term in office.

SECTION 6. The replacement of the removed judge will be as follows: If there is more than fifty percent (50%) of the removed judge's term in office remaining, a special election as otherwise provided by law will be called to elect a new judge. If there is less than fifty percent (50%) of the removed judge's term in office remaining, the Governor of the State of Mississippi will appoint a new judge to take his or her place as otherwise provided by law.

SECTION 7. The Attorney General of the State of Mississippi is hereby directed to submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, 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.

SECTION 8. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.