MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary

By: Senator(s) Turner

AN ACT TO AMEND SECTION 9-19-1, MISSISSIPPI CODE OF 1972, TO REVISE THE APPOINTMENT OF MEMBERS TO THE COMMISSION ON JUDICIAL PERFORMANCE; TO AMEND SECTION 23-15-977, MISSISSIPPI CODE OF 1972, TO REVISE THE FILING OF INTENT TO BE A CANDIDATE FOR JUDICIAL OFFICE; TO AMEND SECTION 23-15-1021, MISSISSIPPI CODE OF 1972, TO REVISE PERMITTED CONTRIBUTIONS TO JUDICIAL CAMPAIGNS FOR OFFICE; 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) practicing attorney to be appointed by the Governing Board of The Mississippi Bar; and

(f) 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. * * *

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 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 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 August 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. Section 23-15-1021, Mississippi Code of 1972, is amended as follows:

23-15-1021. It shall be unlawful for any individual or political action committee not affiliated with a political party, corporation, incorporated company or incorporated association, by whatever name it may be known, incorporated or organized under the laws of this state, or doing business in this state, or for any servant, agent, employee or officer thereof to give, donate, appropriate or furnish directly or indirectly, any money, security, funds or property in excess of Two Hundred Fifty Dollars ($250.00) for the purpose of aiding any candidate or candidate's political committee for judge of a county, circuit or chancery court or in excess of Five Hundred Dollars ($500.00) for the purpose of aiding any candidate or candidate's political committee for judge of the Court of Appeals or justice of the Supreme Court, or to give, donate, appropriate or furnish directly or indirectly, any money, security, funds or property in excess of Two Hundred Fifty Dollars ($250.00) to any candidate or the candidate's political committee for judge of a county, circuit or chancery court or in excess of Five Hundred Dollars ($500.00) for the purpose of aiding any candidate or candidate's political committee for judge of the Court of Appeals or justice of the Supreme Court, as a contribution to the expense of a candidate for judicial office.

SECTION 4. This act shall take effect and be in force from and after July 1, 2001.