House Concurrent Resolution 40

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 145, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT JUDGES OF THE SUPREME COURT SHALL BE APPOINTED; AND FOR RELATED PURPOSES.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

Amend Section 145, Mississippi Constitution of 1890, to read as follows:

"Section 145. The Supreme Court shall consist of three (3) judges, any two (2) of whom, when convened, shall form a quorum. The Legislature shall divide the state into three (3) Supreme Court districts, and there shall be appointed one (1) judge for and from each district by the Governor with the advice and consent of the Senate and such judge shall stand for an election during the last year of his term to determine if such judge shall be retained in service or removed from office and a successor appointed at a time and in the manner provided by law; but the removal of a judge to the state capitol during his term of office shall not render him ineligible as his own successor for the districts from which he has removed. The present incumbents shall be considered as holding their terms of office from the state at large. The adoption of this amendment shall not abridge the terms of any of the present incumbents, but they shall continue to hold their respective offices until the expiration of the terms for which they were respectively appointed."

BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2002, as provided by Section 273 of the Constitution and by general law.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment will provide that judges of the Supreme Court shall be appointed by the Governor with the advice and consent of the Senate and shall stand for an election for retention or removal during the last year of the term of office."