House Bill 1313

AN ACT TO AMEND SECTION 9-3-11, MISSISSIPPI CODE OF 1972, TO REVISE THE MANNER IN WHICH THE CHIEF JUSTICE OF THE SUPREME COURT IS DESIGNATED; TO PROVIDE THAT THE SENIOR JUSTICES FROM EACH OF THE THREE SUPREME COURT DISTRICTS SHALL SERVE AS CHIEF JUSTICE ON A ROTATING BASIS; TO PROVIDE THAT SERVICE AS CHIEF JUSTICE SHALL ROTATE FROM DISTRICT TO DISTRICT EVERY TWO YEARS; TO PROVIDE THAT THE SENIOR JUSTICES FROM THE TWO DISTRICTS OTHER THAN THE ONE FROM WHICH THE SENIOR JUSTICE IS SERVING AS CHIEF JUSTICE SHALL SERVE AS PRESIDING JUSTICES; TO AMEND SECTION 9-4-7, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 9-3-11, Mississippi Code of 1972, is amended as follows:

9-3-11. The term "senior justice" of the Supreme Court is defined as the justice from each district who has been for the longest time continuously a member of the court. The position of Chief Justice shall rotate every two (2) years beginning on March 1, 2003, at which time the senior justice from the southern district shall serve as the Chief Justice, and the senior justices from the northern and central districts shall serve as presiding justices. On March 1, 2005, the senior justice from the northern district shall serve as the Chief Justice, and the senior justices from the southern and central districts shall serve as presiding justices. On March 1, 2007, the senior justice from the central district shall serve as the chief justice, and the senior justices from the southern and northern districts shall serve as presiding justices. Thereafter, the permanent order of rotation in the position of chief justice shall continue with the senior justice from the southern district serving in that position first, the senior justice from the northern district serving in that position second and the senior justice from the central district serving in that position third. In each case, the senior justices from the other two (2) districts shall serve as the presiding justices. In case of the absence of the Chief Justice, the presiding justice who has been for the longest time continuously a member shall preside. In the event that two (2) or more judges of the Supreme Court shall have served as members of the Supreme Court for equal periods of time, then seniority shall be determined according to the length of time that such judges shall have been members of the Mississippi State Bar.

SECTION 2. Section 9-4-7, Mississippi Code of 1972, is amended as follows:

9-4-7. (1) The Court of Appeals shall be subject to the administrative policies and procedures as may be established by the Supreme Court, including docket control of the Court of Appeals cases. Whenever feasible, and subject to approval of the Supreme Court, the administrative structure of the Supreme Court shall also support the Court of Appeals.

(2) The Clerk of the Supreme Court shall be the Clerk of the Court of Appeals and appointment of employees by the Court of Appeals shall be governed by personnel policies adopted and approved by the Administrative Office of the Courts. Whenever feasible and approved by the Supreme Court, employees of the Supreme Court shall also serve the Court of Appeals. The records of the Court of Appeals shall be kept by the Supreme Court Clerk or a deputy of the clerk.

(3) The Chief Justice of the Supreme Court shall appoint a Chief Judge of the Court of Appeals for a term of two (2) years, and the person so named shall be eligible for reappointment, subject to the discretion of the Chief Justice.

(4) The Chief Justice may assign one or more Court of Appeals judges to serve as lower court trial judges to provide docket relief as he deems necessary.

SECTION 3. This act shall take effect and be in force from and after its passage.