MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary

By: Senator(s) Turner

AN ACT TO AMEND SECTIONS 9-5-1, 9-7-1, 9-9-1 AND 23-15-1015, MISSISSIPPI CODE OF 1972, TO REVISE THE TERMS OF OFFICE OF CHANCELLORS AND CIRCUIT AND COUNTY COURT JUDGES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 9-5-1, Mississippi Code of 1972, is amended as follows:

9-5-1. A chancellor shall be elected for and from each of the chancery court districts as provided in this chapter and the listing of individual precincts shall be those precincts as they existed on October 1, 1990. He shall hold court in any other district with the consent of the chancellor thereof when in their opinion the public interest may be thereby promoted. The terms of all chancellors elected at the regular election for the year 1930 shall begin on the first day of January, 1931, and their terms of office shall continue for four (4) years; provided, however, that the terms of all chancellors elected at the regular election for the year 2002 shall begin on the first day of January, 2003, and their terms of office shall continue for eight (8) years. A chancellor shall be a resident of the district in which he serves but shall not be required to be a resident of a subdistrict if the district is divided into subdistricts.

SECTION 2. Section 9-7-1, Mississippi Code of 1972, is amended as follows:

9-7-1. A circuit judge shall be elected for and from each circuit court district and the listing of individual precincts shall be those precincts as they existed on October 1, 1990. He may hold court in any other district with the consent of the judge thereof, when in their opinion the public interest may require. The terms of all circuit judges hereafter elected shall begin on the first day of January 1931 and their terms of office shall continue for four (4) years; provided, however, that the terms of all circuit judges elected at the regular election for the year 2002 shall begin on the first day of January, 2003, and their terms of office shall continue for eight (8) years. A circuit judge shall be a resident of the district in which he or she serves but shall not be required to be a resident of a subdistrict if the district is divided into subdistricts.

SECTION 3. Section 9-9-1, Mississippi Code of 1972, is amended as follows:

9-9-1. (1) There shall be an inferior court to be known as the county court in and for each of the following counties:

(a) Each county of the state wherein a county court is in existence on July 1, 1985; and

(b) From and after January 1, 1987, each county which has a population exceeding fifty thousand (50,000) inhabitants as shown by the latest federal decennial census.

(2) A county judge for a county which is required to establish a county court under paragraph (1)(b) of this section shall be elected by the qualified electors of such county for the same term and in the same manner as provided for the election of circuit court judges at an election held at the same time as the next regular election of circuit court judges first occurring after the date upon which it can be determined that a county court is required under the provisions of paragraph (1)(b) of this section to be established in such county.

(3) The provisions of this section shall not be construed so as to require that a county court be established in any county in which the board of supervisors has agreed and contracted with the board of supervisors of any other county or counties to support and maintain one (1) county court for such counties as provided in Section 9-9-3.

SECTION 4. Section 23-15-1015, Mississippi Code of 1972, is amended as follows:

23-15-1015. On Tuesday after the first Monday in November 1986, and every four (4) years thereafter and concurrently with the election for representatives in Congress, there shall be held an election in every county for judges of the several circuit and chancery court districts; provided, however, that the terms of judges of the several circuit and chancery court districts shall be eight (8) years beginning with the January 2003 term. The laws regulating the general elections shall, except as otherwise provided for in Sections 23-15-974 through 23-15-985, apply to and govern elections of judges of the circuit and chancery courts.

SECTION 5. 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 6. 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, provided that Senate Concurrent Resolution No. 540, 2001 Regular Session, is ratified by the electorate.