MISSISSIPPI LEGISLATURE
2003 Regular Session
To: Judiciary
By: Senator(s) Robertson
AN ACT TO AMEND SECTION 23-15-991, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE APPOINTMENT OF SUPREME COURT JUDGES AND FOR RETENTION ELECTIONS OF SUCH JUDGES; TO AMEND SECTION 9-4-5, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE APPOINTMENT OF JUDGES OF THE COURT OF APPEALS AND FOR THE RETENTION ELECTIONS OF SUCH JUDGES; TO AMEND SECTIONS 23-15-993, 23-15-995, 23-15-369, 23-15-977, 23-15-607, 9-1-103 AND 23-15-849, MISSISSIPPI CODE OF 1972, TO CONFORM THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-991, Mississippi Code of 1972, is amended as follows:
23-15-991. (1) The term of office of judges of the Supreme Court shall be eight (8) years. Concurrently with the regular election for representatives in Congress, held next preceding the expiration of the term of an incumbent, and likewise each eighth year thereafter, an election shall be held in the Supreme Court district from which the incumbent was appointed to submit his name to the eligible voters within his district as to whether he shall be retained in office. If a majority of those voting on the question vote to retain the incumbent, the incumbent shall begin a new term of office at the expiration of the current term. If a majority of those voting on the question vote against retaining him in office, the vacancy shall be filled as provided by Section 144A, Mississippi Constitution of 1890, and as otherwise provided by law.
(2) From and after January 1, 2004, vacancies in the office of justice of the Supreme Court shall be filled by appointment of the Governor.
(3) Any Supreme Court justice holding office on the effective date of Senate Bill No. 2731, 2003 Regular Session, shall, unless removed for cause, remain in office for the duration of his term. Not less than ninety (90) days prior to the holding of the general election next preceding the expiration of the term of office, a Supreme Court justice may file in the Office of Secretary of State a declaration of candidacy for election to succeed the position. If a declaration is not so filed by the justice, a vacancy shall exist upon the expiration of his term and shall be filled by appointment of the Governor. If such declaration is filed, the justice's name shall be submitted at said general election to the eligible voters within the district. The ballot shall read substantially as follows:
"Shall Judge (Here the name of the judge shall be inserted) of the (Here the title of the court and district shall be inserted) be retained in office? Yes , No ."
If a majority of those voting on the question vote against retaining the incumbent in office, upon the expiration of the incumbent’s term of office, a vacancy shall exist which shall be filled by appointment of the Governor; otherwise, the justice shall, unless removed for cause, remain in office for the term of such office, and at the expiration of each term shall be eligible for retention in office by election in the manner herein prescribed.
SECTION 2. Section 9-4-5, Mississippi Code of 1972, is amended as follows:
9-4-5. (1) The term of office of judges of the Court of Appeals shall be eight (8) years. * * * Judges of the Court of Appeals who are appointed to take office after the first Monday of January 2004, shall be appointed by the Governor from the Court of Appeals Districts described in subsection (5) of this section. * * *
(2) (a) * * * Each of the ten (10) judges of the Court of Appeals shall be considered a separate office. The two (2) offices in each of the five (5)districts shall be designated Position Number 1 and Position Number 2, and in filing for retention of office, * * * each candidate shall state the position number of the office * * * which he holds and the election ballots shall so indicate.
(i) In Congressional District Number 1, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends January 1, 1999, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2003.
(ii) InCongressional District Number 2, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2003, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2001.
(iii) InCongressional District Number 3, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2001, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 1999.
(iv) InCongressional District Number 4, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 1999, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2003.
(v) InCongressional District Number 5, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2003, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2001.
(b) Any Court of Appeals judge holding office at the time that this section becomes applicable to his office, shall, unless removed for cause, remain in office for the duration of his term. Not less than ninety (90) days prior to the holding of the general election next preceding the expiration of his term of office, an appeals court judge may file with the State Board of Election Commissioners a declaration of candidacy for election to succeed himself. If a declaration is not so filed by the judge, a vacancy shall exist upon the expiration of his term and shall be filled by appointment of the Governor. If such declaration is filed, the judge's name shall be submitted at said general election to the eligible voters within his district. The ballot shall read substantially as follows:
"Shall Judge (Here the name of the judge shall be inserted) of the (Here the title of the court and district shall be inserted) be retained in office? Yes , No ."
If a majority of those voting on the question vote against retaining the judge in office, upon the expiration of the term of office, a vacancy shall exist which shall be filled by appointment of the Governor; otherwise, the judge shall, unless removed for cause, remain in office for the term of such office, and at the expiration of each term shall be eligible for retention in office by election in the manner herein prescribed.
(c) The laws regulating the general elections shall apply to and govern the retention elections of judges of the Court of Appeals except as otherwise provided in Sections 23-15-974 through 23-15-985.
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(3) No person shall be eligible for the office of judge of the Court of Appeals who has not attained the age of thirty (30) years at the time of his appointment and who has not been a practicing attorney and citizen of the state for five (5) years immediately preceding such appointment.
(4) Any vacancy on the Court of Appeals shall be filled by appointment of the Governor for that portion of the unexpired term prior to the election to fill the remainder of said term according to provisions of Section 23-15-849, Mississippi Code of 1972.
(5) (a) The State of Mississippi is hereby divided into five (5) Court of Appeals Districts as follows:
FIRST DISTRICT. The First Court of Appeals District shall be composed of the following counties and portions of counties: Alcorn, Benton, Calhoun, Chickasaw, Choctaw, DeSoto, Itawamba, Lafayette, Lee, Marshall, Monroe, Pontotoc, Prentiss, Tate, Tippah, Tishomingo, Union, Webster and Yalobusha; in Grenada County the precincts of Providence, Mt. Nebo, Hardy and Pea Ridge; in Montgomery County the precincts of North Winona, Lodi, Stewart, Nations and Poplar Creek; in Panola County the precincts of East Sardis, South Curtis, Tocowa, Pope, Courtland, Cole's Point, North Springport, South Springport, Eureka, Williamson, East Batesville 4, West Batesville 4, Fern Hill, North Batesville A, East Batesville 5 and West Batesville 5; and in Tallahatchie County the precincts of Teasdale, Enid, Springhill, Charleston Beat 1, Charleston Beat 2, Charleston Beat 3, Paynes, Leverette, Cascilla, Murphreesboro and Rosebloom.
SECOND DISTRICT. The Second Court of Appeals District shall be composed of the following counties and portions of counties: Bolivar, Carroll, Claiborne, Coahoma, Holmes, Humphreys, Issaquena, Jefferson, Leflore, Quitman, Sharkey, Sunflower, Tunica, Warren, Washington and Yazoo; in Attala County the precincts of Northeast, Hesterville, Possomneck, North Central, McAdams, Newport, Sallis and Southwest; that portion of Grenada County not included in the First Court of Appeals District; in Hinds County Precincts 11, 12, 13, 22, 23, 27, 28, 29, 30, 40, 41, 83, 84 and 85, and the precincts of Bolton, Brownsville, Cayuga, Chapel Hill, Cynthia, Edwards, Learned, Pine Haven, Pocahontas, St. Thomas, Tinnin, Utica 1 and Utica 2; in Leake County the precincts of Conway, West Carthage, Wiggins, Thomastown and Ofahoma; in Madison County the precincts of Farmhaven, Canton Precinct 2, Canton Precinct 3, Cameron Street, Canton Precinct 6, Bear Creek, Gluckstadt, Smith School, Magnolia Heights, Flora, Virlilia, Canton Precinct 5, Cameron, Couparle, Camden, Sharon, Canton Precinct 1 and Canton Precinct 4; that portion of Montgomery County not included in the First Court of Appeals District; that portion of Panola County not included in the First Court of Appeals District; and that portion of Tallahatchie County not included in the First Court of Appeals District.
THIRD DISTRICT. The Third Court of Appeals District shall be composed of the following counties and portions of counties: Clarke, Clay, Jasper, Kemper, Lauderdale, Lowndes, Neshoba, Newton, Noxubee, Oktibbeha, Rankin, Scott, Smith and Winston; that portion of Attala County not included in the Second Court of Appeals District; in Jones County the precincts of Northwest High School, Shady Grove, Sharon, Erata, Glade, Myrick School, Northeast High School, Rustin, Sandersville Civic Center, Tuckers, Antioch and Landrum; that portion of Leake County not included in the Second Court of Appeals District; that portion of Madison County not included in the Second Court of Appeals District; and in Wayne County the precincts of Big Rock, Yellow Creek, Hiwannee, Diamond, Chaparral, Matherville, Coit and Eucutta.
FOURTH DISTRICT. The Fourth Court of Appeals District shall be composed of the following counties and portions of counties: Adams, Amite, Copiah, Covington, Franklin, Jefferson Davis, Lawrence, Lincoln, Marion, Pike, Simpson, Walthall and Wilkinson; that portion of Hinds County not included in the Second Court of Appeals District; and that portion of Jones county not included in the Third Court of Appeals District.
FIFTH DISTRICT. The Fifth Court of Appeals District shall be composed of the following counties and portions of counties: Forrest, George, Greene, Hancock, Harrison, Jackson, Lamar, Pearl River, Perry and Stone; and that portion of Wayne County not included in the Third Court of Appeals District.
(b) The boundaries of the Court of Appeals Districts described in paragraph (a) of this subsection shall be the boundaries of the counties and precincts listed in paragraph (a) of this subsection as such boundaries existed on October 1, 1990.
SECTION 3. Section 23-15-993, Mississippi Code of 1972, is amended as follows:
23-15-993. For the purpose of all elections, each of the nine (9) judgeships of the Supreme Court shall be considered a separate office. The three (3) offices in each of the three (3) Supreme Court districts shall be designated Position Number 1, Position Number 2 and Position Number 3, and * * * each incumbent shall state the position number of the office the incumbent wishes to retain and the * * * ballots shall so indicate. In Supreme Court District Number 1: Position Number 1 shall be that office for which the term ends in January 1966; Position Number 2 shall be that office for which the term ends in January 1965; and Position Number 3 shall be that office for which the term ends in January 1969. In District Number 2: Position Number 1 shall be that office for which the term ends in January 1972; Position Number 2 shall be that office for which the term ends in January 1969; and Position Number 3 shall be for that office for which the term ends in January 1973. In District Number 3: Position Number 1 shall be that office for which the term ends in January 1969; Position Number 2 shall be that office for which the term ends in January 1969; and Position Number 3 shall be that office for which the term ends in January 1965.
SECTION 4. Section 23-15-995, Mississippi Code of 1972, is amended as follows:
23-15-995. Except as may be otherwise provided by law, the general laws for the election of state officers shall apply to and govern the retention election of judges of the Supreme Court.
SECTION 5. Section 23-15-369, Mississippi Code of 1972, is amended as follows:
23-15-369. (1) (a) Whenever a constitutional amendment is submitted to the vote of the people, the substance of such amendment shall be printed in clear and unambiguous language on the ballot after the list of candidates, if any, followed by the word "YES" and also by the word "NO", and shall be styled in such a manner that a "YES" vote will indicate approval of the proposal and a "NO" vote will indicate rejection.
(b) The substance of the amendment shall be an explanatory statement not exceeding seventy-five (75) words in length of the chief purpose of the measure. Such statement shall be prepared by the Legislature and included in the concurrent resolution proposing the amendment to the Constitution. The statement shall avoid, whenever possible, the use of legal terminology or jargon and shall use instead, simple, ordinary, everyday language. The Secretary of State shall give each proposed constitutional amendment a designating number for convenient reference. This number designation shall appear on the ballot. Designating numbers shall be assigned in the order of filing or certification of the amendments. The Secretary of State shall furnish the designating number and the substance of each amendment to the circuit clerk of each county in which such amendment is to be voted on.
(c) The full text of each proposed constitutional amendment shall be published by the Secretary of State as provided for in Section 7-3-39, Mississippi Code of 1972, and shall be posted prominently in all polling places, with copies of said proposed amendment to be otherwise available at each polling place.
(2) Except as may be otherwise provided in subsection (1) of this section, whenever any public measure, question or matter that requires an affirmative or negative vote is submitted to a vote of the electors, the measure or matter shall be printed on the ballot and also the words "FOR" or "AGAINST" to be so arranged by the proper officer so that the voter can intelligently vote his preference.
(3) Whenever any judge shall stand for retention election, the ballot shall be printed as required by Section 23-15-991.
SECTION 6. 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, other than those seeking retention in office at a retention election, 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 May prior to the general election for judicial office and shall pay to the proper officials the following amounts:
(a) Candidates for retention for positions 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 seek retention in office 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 (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.
(4) 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 7. Section 23-15-607, Mississippi Code of 1972, is amended as follows:
23-15-607. (1) The commissioners of election shall, within ten (10) days after a retention election for judges of the Supreme Court or Court of Appeals, transmit to the Secretary of State, to be filed in his office, a statement of the whole number of votes given in their county * * * for and against each retention candidate for the Office of Judge of the Supreme Court or Court of Appeals, and the Secretary of State shall immediately notify each member of the State Board of Election Commissioners in writing to assemble at his office on a day to be fixed by him, to be within ten (10) days after the receipt by him of such statement, and when assembled pursuant to such notice the State Board of Election Commissioners shall sum up the whole number of votes given for and against each candidate for judge of the Supreme Court or Court of Appeals according to the total number of votes in each county for each candidate as certified to the Secretary of State, ascertain the person or persons to be retained; and thereupon all persons chosen to such office at the election shall be commissioned by the Governor; but if it appears that any candidate for judge of the Supreme Court or Court of Appeals * * * has an equal number of votes for retention and against retention, the election shall be forthwith decided * * * by lots, fairly and publicly drawn under the direction of the State Board of Election Commissioners. Any Supreme Court position sought by an incumbent judge who loses the retention election by drawing of lots shall be filled as prescribed in Section 144A of the Mississippi Constitution, and any Court of Appeals position sought by an incumbent appeals court judge who loses the retention election by drawing of lots shall be filled as prescribed in Section 9-4-5.
(2) The statements required by this section shall contain a certification, signed and dated by a majority of the commissioners of election, which shall read as follows:
"We, the undersigned commissioners of election, do hereby certify that this statement of the whole number of votes contain the official vote for the election reflected therein."
(3) The statements required by this section shall be transmitted to the Secretary of State on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State.
SECTION 8. 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, 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 or appointment 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 9. Section 23-15-849, Mississippi Code of 1972, is amended as follows:
23-15-849. (1) Vacancies in the office of 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.
(2) * * * Vacancies in the office of judge of the Supreme Court or Court of Appeals shall be filled for the unexpired term by appointment of the Governor, and at the expiration of the term, shall be eligible for retention in office by election in the manner prescribed by law. * * *
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SECTION 10. 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 11. This act shall take effect and be in force either on the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, or from and after January 1, 2004, whichever is later, provided that the amendments to the Mississippi Constitution of 1890 as proposed by Senate Concurrent Resolution No. 738, 2003 Regular Session, are certified by the Secretary of State as having been ratified by the people.