Senate Concurrent Resolution 532

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 145, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE FOR THE APPOINTMENT OF THE SUPREME COURT JUDGES AND TO ESTABLISH THE TERM OF OFFICE; TO ADD A NEW SECTION 144A, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE FOR THE SELECTION OF JUDGES; TO PROVIDE THAT THE GOVERNOR SHALL FILL VACANCIES BY APPOINTMENT; TO REPEAL SECTIONS 145A AND 145B, MISSISSIPPI CONSTITUTION OF 1890, WHICH PROVIDE FOR ADDITIONAL SUPREME COURT JUDGES; TO REPEAL SECTIONS 149 AND 149A, MISSISSIPPI CONSTITUTION OF 1890, WHICH PROVIDE FOR THE TERMS OF OFFICE OF JUDGES OF THE SUPREME COURT AND AUTHORIZE THAT COURT TO SIT IN DIVISIONS; AND FOR RELATED PURPOSES.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendments to the Mississippi Constitution of 1890 be submitted 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 nine (9) judges, any five (5) of whom, when convened, shall form a quorum. The term of Office of Judge of the Supreme Court shall be eight (8) years. The Legislature shall divide the state into three (3) Supreme Court districts, and the Governor shall appoint three (3) judges for and from each district * * * in the manner provided by this Constitution, and each judge so appointed shall be subject to noncompetitive, nonpartisan elections on their retention or removal as provided by law. * * * 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 adoption of this amendment shall not abridge the terms of any incumbent who shall continue to hold his respective office until the expiration of the terms for which he was elected.

The Supreme Court may sit in divisions of three (3) judges each. Each division shall have full power to hear and adjudge all cases that may be assigned to it by the court. Two (2) judges shall constitute a quorum of a division. If the decision of a division is not unanimous, or if a judge of a division shall certify that in his opinion a decision of any division of the court is in conflict with a prior decision of the court or of a division, the cause shall then be considered and adjudged by the court.

II.

Amend Article 6 of the Mississippi Constitution of 1890 by adding a new section to be designated as Section 144A, Mississippi Constitution of 1890, to read as follows:

Section 144A. (1) Whenever a vacancy occurs in the Office of Judge of the Supreme Court, the Governor shall fill the vacancy by appointment, subject to the advice and consent of the Senate.

(2) Any judge holding office at the time which this section becomes applicable to his office, shall, unless removed for cause, remain in office for the remainder of his term. A vacancy resulting from the expiration of a term of office shall be filled by appointment. If a vacancy occurs before the expiration of a term, the appointment shall be for the remainder of the term.

III.

Repeal Section 145A, Mississippi Constitution of 1890, which reads as follows:

Section 145A. The Supreme Court shall consist of six (6) judges, that is to say, of three (3) judges in addition to the three (3) provided for by Section 145 of this Constitution, any four (4) of whom when convened shall form a quorum. The additional judges herein provided for shall be selected one (1) for and from each of the Supreme Court districts in the manner provided by Section 145 of this Constitution, or any amendments thereto. Their terms of office shall be as provided by Section 149 of this Constitution, or any amendment thereto.

IV.

Repeal Section 145B, Mississippi Constitution of 1890, which reads as follows:

Section 145B. The Supreme Court shall consist of nine (9) judges, that is to say, of three (3) judges in addition to the six (6) provided for by Section 145A of this Constitution, any five (5) of whom when convened shall constitute a quorum. The additional judges herein provided for shall be selected one (1) for and from each of the Supreme Court districts in the manner provided by Section 145A of this Constitution or any amendment thereto. Their terms of office shall be as provided by Section 149 of this Constitution or any amendment thereto.

Repeal Section 149, Mississippi Constitution of 1890, which reads as follows:

Section 149. The term of Office of the Judges of the Supreme Court shall be eight (8) years. The Legislature shall provide as near as can be conveniently done that the offices of not more than a majority of the judges of said court shall become vacant at any one time; and if necessary for the accomplishment of that purpose, it shall have power to provide that the terms of office of some of the judges first to be elected shall expire in less than eight (8) years. The adoption of this amendment shall not abridge the terms of any of the present incumbents of the Office of Judge of the Supreme Court; but they shall continue to hold their respective offices until the expiration of the terms for which they were respectively appointed.

VI.

Repeal Section 149A, Mississippi Constitution of 1890, which reads as follows:

Section 149A. The Supreme Court shall have power, under such rules and regulations as it may adopt, to sit in two (2) divisions of three (3) judges each, any two (2) of whom when convened shall form a quorum; each division shall have full power to hear and adjudge all cases that may be assigned to it by the court. In event the judges composing any division shall differ as to the judgment to be rendered in any cause, or in event any judge of either division, within a time and in a manner to be fixed by the rules to be adopted by the court, shall certify that in his opinion any decision of any division of the court is in conflict with any prior decision of the court or of any division thereof, the cause shall then be considered and adjudged by the full court or a quorum thereof.

BE IT FURTHER RESOLVED, That the amendments in this resolution shall be submitted to the qualified electors as one amendment since the proposed amendments pertain to one subject, at an election to be held on the first Tuesday after the first Monday of November 2003, as provided by Section 273 of the Constitution and by law.

BE IT FURTHER RESOLVED, That the explanation of the amendment for the ballot shall read as follows: "This proposed constitutional amendment provides for the appointment of the Judges of the Supreme Court. The Governor shall appoint a judge subject to the advice and consent of the Senate. Sections which increased the size of the court, provided for the term of office to be eight years and authorized the hearing of cases in divisions, are repealed because the substance of these sections is included in the proposed amendment."

BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi shall submit this resolution, immediately upon adoption by the Legislature, 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.