Senate Bill 2672

(As Passed the Senate)

AN ACT TO AMEND SECTION 9-7-44, MISSISSIPPI CODE OF 1972, TO PROVIDE AN ADDITIONAL JUDGE FOR THE SIXTEENTH CIRCUIT COURT DISTRICT; TO AMEND SECTIONS 23-15-849 AND 9-1-103, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 9-7-44, Mississippi Code of 1972, is amended as follows:

9-7-44. (1) There shall be two (2) judges for the Sixteenth Circuit Court District; however, from and after December 1, 2002, there shall be three (3) judges for the Sixteenth Circuit Court District.

(2) The initial holder of the third judgeship created by this section shall be appointed by the Governor for a term to expire at the same time as the expiration of the terms of circuit judges elected in the November 2002 election.

SECTION 2. Section 23-15-849, Mississippi Code of 1972, is amended as follows:

23-15-849. (1) Vacancies in the Office of Judge of the Supreme Court or Court of Appeals or 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 * * * provided in this subsection, unless the law creating a new judicial office in which there has not heretofore been an incumbent provides otherwise.

(2) Elections to fill vacancies in the Office of Judge of the Supreme Court or Court of Appeals shall be held, conducted, returned and the persons elected commissioned in accordance with the law governing regular elections for judges of the Supreme Court or Court of Appeals insofar as they may be applicable.

SECTION 3. Section 9-1-103, Mississippi Code of 1972, is amended as follows:

9-1-103. Whenever a vacancy shall occur in any judicial

office by reason of death of an incumbent, resignation or

retirement of an incumbent, removal of an incumbent from office,

or creation of a new judicial office in which there has not

heretofore been an incumbent and for which no provision to the contrary has been made by law, the Governor shall have the authority to appoint a qualified person to fill such vacancy to

serve for the unexpired term or until such vacancy is filled by

election as provided in Section 23-15-849, Mississippi Code of

1972. When a vacancy shall occur for any of the reasons

enumerated in this section, the clerk of the court shall notify

the Governor of such vacancy immediately.

SECTION 4. 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 5. 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.