MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary; Appropriations

By: Senator(s) Lee

AN ACT TO AMEND SECTION 9-7-42, MISSISSIPPI CODE OF 1972, TO PROVIDE AN ADDITIONAL JUDGE FOR THE FIFTEENTH CIRCUIT COURT DISTRICT; TO AMEND SECTION 23-15-977, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 9-7-42, Mississippi Code of 1972, is amended as follows:

9-7-42. (1) There shall be two (2) judges for the Fifteenth Circuit Court District; however, from and after January 1, 2003, there shall be three (3) judges for the Fifteenth Circuit Court District.

(2) For the purposes of the 2002 election only, any candidates for the third position of Circuit Judge of the Fifteenth Circuit Court District shall file intent to be a candidate not later than thirty (30) days prior to the general election. The qualification and election of the three (3) judgeships shall otherwise be as provided by Sections 23-15-974 through 23-15-985.

SECTION 2. Section 23-15-977, Mississippi Code of 1972, is amended as follows:

23-15-977. (1) Except as may be otherwise provided by law, all candidates for judicial office as defined in Section 23-15-975 of this subarticle shall file their 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 Supreme Court judge and Court of Appeals, the sum of Two Hundred Dollars ($200.00).

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

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

(2) Candidates for judicial offices listed in paragraphs (a) and (b) of subsection (1) of this section shall file their 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 (c) of subsection (1) of this section shall file their 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 their 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 3. 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 4. 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, subject to the availability of funds specifically appropriated therefor by the Legislature during the 2000 Regular Session or any subsequent session. It is the intent of the Legislature that this act shall not take effect until the Legislature has funded the implementation thereof by line item appropriation.