MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary; Elections

By: Senator(s) Ross

AN ACT TO PROVIDE THAT THE GOVERNOR SHALL FILL ANY VACANCY IN AN OFFICE OF THE SUPREME COURT OR THE COURT OF APPEALS BY APPOINTMENT; TO CREATE SECTION 9-3-4, MISSISSIPPI CODE OF 1972, TO SET THE TERM AND EXPIRATION OF OFFICES OF SUPREME COURT JUSTICES; TO AMEND SECTIONS 23-15-973, 23-15-975, 23-15-977, 9-4-5, 23-15-197 AND 23-15-849, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THIS ACT; TO REPEAL SECTION 9-4-15, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT ELECTION FOR THE OFFICE OF JUDGE OF THE COURT OF APPEALS SHALL BE HELD AT THE SAME TIME AS GENERAL ELECTIONS FOR CONGRESSIONAL OFFICES; TO REPEAL SECTION 23-15-607, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE DETERMINATION OF THE ELECTION OF JUDGES OF THE SUPREME COURT AND COURT OF APPEALS; TO REPEAL SECTION 23-15-991, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT THE TERM OF OFFICE OF JUSTICES OF THE SUPREME COURT SHALL BE 8 YEARS; TO REPEAL SECTION 23-15-993, MISSISSIPPI CODE OF 1972, WHICH SETS THE TERMS OF OFFICE FOR JUSTICES OF THE SUPREME COURT; TO REPEAL SECTION 23-15-995, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT THE GENERAL ELECTION LAWS SHALL APPLY TO GOVERN THE ELECTION OF JUDGES OF THE SUPREME COURT; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codifed as Section 9-3-4, Mississippi Code of 1972:

9-3-4. The term of office of judges of the Supreme Court shall be as provided in the Constitution of 1890 and shall begin on the first Monday of January of the year in which the term of the incumbent expires. Each of the nine (9) judgeships of the Supreme Court shall be considered a separate office. The three (3) offices in each of the three (3) Supreme Court districts shall be designated Position Number 1, Position Number 2 and Position Number 3. In Supreme Court District Number 1: Position Number 1 shall be that office for which the term ends in January 1966; Position Number 2 shall be that office for which the term ends in January 1965; and Position Number 3 shall be that office for which the term ends in January 1969. In District Number 2: Position Number 1 shall be that office for which the term ends in January 1972; Position Number 2 shall be that office for which the term ends in January 1969; and Position Number 3 shall be that office for which the term ends in January 1973. In District Number 3: Position Number 1 shall be that office for which the term ends in January 1969; Position Number 2 shall be that office for which the term ends in January 1969; and Position Number 3 shall be that office for which the term ends in January 1965.

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 * * * 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. It shall be unlawful for any candidate for any of the offices mentioned in this section 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 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. Section 23-15-975, Mississippi Code of 1972, is amended as follows:

23-15-975. As used in Sections 23-15-974 through 23-15-985 of this subarticle, the term "judicial office" includes the office of * * * circuit judge, chancellor, county court judge and family court judge. All such * * * judges shall be full-time positions and such * * * judges shall not engage in the practice of law before any court, administrative agency or other judicial or quasi-judicial forum except as provided by law for finalizing pending cases after election to judicial office.

SECTION 4. Section 23-15-977, Mississippi Code of 1972, is amended as follows:

23-15-977. (1) All candidates for judicial office as defined in Section 23-15-975 of this subarticle shall file the intent to be a candidate with the proper officials not later than 5:00 p.m. on the first Friday after the first Monday in May prior to the general election for judicial office and shall pay to the proper officials the following amounts:

(a) Candidates for circuit judge and chancellor, the sum of One Hundred Dollars ($100.00).

(b) Candidates for county judge and family court judge, the sum of Fifteen Dollars ($15.00).

(2) Candidates for judicial offices listed in paragraph (a) * * * of subsection (1) of this section shall file the intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the State Board of Election Commissioners.

(3) Candidates for judicial offices listed in paragraph (b) of subsection (1) of this section shall file the intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the circuit clerk of the proper county. The circuit clerk shall notify the county commissioners of election of all persons who have filed the intent to be a candidate filed with, and paid the proper assessment to, such clerk. Such notification shall occur within two (2) business days and shall contain all necessary information.

SECTION 5. Section 9-4-5, Mississippi Code of 1972, is amended as follows:

9-4-5. (1) The term of office of judges of the Court of Appeals shall be eight (8) years. An election shall be held on the first Tuesday after the first Monday in November 1994, to elect the ten (10) judges of the Court of Appeals, two (2) from each congressional district. The judges of the Court of Appeals shall begin service on the first Monday of January 1995.

(2) (a) In order to provide that the offices of not more than a majority of the judges of said court shall become vacant at any one time, the terms of office of six (6) of the judges first to be elected shall expire in less than eight (8) years. For the purpose of all elections of members of the court, each of the ten (10) judges of the Court of Appeals shall be considered a separate office. The two (2) offices in each of the five (5) congressional districts shall be designated Position Number 1 and Position Number 2 * * *.

(i) In Congressional District Number 1, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends in January * * * 1999, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends in January * * * 2003.

(ii) In Congressional District Number 2, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends in January * * * 2003, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends in January * * * 2001.

(iii) In Congressional District Number 3, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends in January * * * 2001, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends in January * * * 1999.

(iv) In Congressional District Number 4, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends in January * * * 1999, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends in January * * * 2003.

(v) In Congressional District Number 5, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends in January * * * 2003, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends in January * * * 2001.

(b) Upon the expiration of any term of office, a vacancy shall exist which shall be filled by appointment as provided in this section.

(c) The Governor shall fill vacancies in the office of judge of the Court of Appeals by appointment, subject to the advice and consent of the Senate. The appointee's term of office shall thereafter begin on the first Monday of January of the year in which the term of the incumbent * * * expires, unless the vacancy arises prior to expiration of term, in which case the appointee shall serve from the time of appointment until the expiration of that term.

(d) Any Court of Appeals judge holding office on the first Monday in January 2003, shall remain in office for the term to which he was elected or appointed unless removed for cause.

(3) * * * To be eligible for the office of judge of the Court of Appeals, a person must have attained the age of thirty (30) years * * * and have been a practicing attorney and citizen of the state for five (5) years immediately preceding his appointment.

SECTION 6. Section 23-15-197, Mississippi Code of 1972, is amended as follows:

23-15-197. (1) Times for holding primary and general elections for congressional offices shall be as prescribed in Sections 23-15-1031, 23-15-1033 and 23-15-1041.

(2) Times for holding elections for the office of circuit court judge and the office of chancery court judge shall be as prescribed in Sections 23-15-974 through 23-15-985, and Section 23-15-1015.

(3) Times for holding elections for the office of county election commissioners shall be as prescribed in Section 23-15-213.

SECTION 7. Section 23-15-849, Mississippi Code of 1972, is amended as follows:

23-15-849. * * * Vacancies in the office of * * * circuit judge or chancellor shall be filled for the unexpired term by the qualified electors at the next regular election for state officers or for representatives in Congress occurring more than nine (9) months after the existence of the vacancy to be filled, and the term of office of the person elected to fill a vacancy shall commence on the first Monday in January following his election. Upon the occurring of such a vacancy, the Governor shall appoint a qualified person from the district in which the vacancy exists to hold the office and discharge the duties thereof until the vacancy shall be filled by election as hereinabove provided.

SECTION 8. Section 9-4-15, Mississippi Code of 1972, which provides that general elections for the office of judge of the Court of Appeals shall be held at the same times as general elections for congressional offices, is repealed.

SECTION 9. Section 23-15-607, Mississippi Code of 1972, which provides for the determination of the election of judges of the Supreme Court and Court of Appeals, is repealed.

SECTION 10. Section 23-15-991, Mississippi Code of 1972, which provides that the term of office of judges of the Supreme Court shall be eight (8) years, is repealed.

SECTION 11. Section 23-15-993, Mississippi Code of 1972, which sets the terms of office of judges of the Supreme Court, is repealed.

SECTION 12. Section 23-15-995, Mississippi Code of 1972, which provides that the general election laws shall apply to govern the election of judges of the Supreme Court, is repealed.

SECTION 13. The Attorney General of the State of Mississippi shall 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 14. This act shall take effect and be in force either on the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, or from and after January 1, 2003, whichever is later, provided that the amendments to the Mississippi Constitution of 1890 as proposed by Senate Concurrent Resolution No. 523, 2001 Regular Session, are certified by the Secretary of State as having been ratified by the people.