MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Judiciary A; Apportionment and Elections
By: Representative Carlton
AN ACT TO AMEND SECTIONS 23-15-197, 23-15-973, 23-15-975, 23-15-977, 23-15-991 AND 23-15-993, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT JUDGES OF THE SUPREME COURT SHALL BE APPOINTED AT THE END OF THE CURRENT TERMS AND EVERY EIGHT YEARS THEREAFTER; TO CREATE THE NONPARTISAN MULTI-DISCIPLINARY NOMINATING COMMISSION WHO SHALL SCREEN NOMINEES FOR APPOINTMENT TO THE SUPREME COURT; TO PROVIDE AN ELECTION TO DETERMINE IF AN INCUMBENT JUDGE IS TO BE RETAINED OR REMOVED AND A SUCCESSOR APPOINTED; TO REPEAL SECTION 23-15-995, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE APPLICABILITY OF ELECTION LAWS TO THE ELECTION OF JUDGES OF THE SUPREME COURT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-197, Mississippi Code of 1972, is amended as follows:
23-15-197. (1) Times for holding primary and general elections for congressional offices shall be as prescribed in Sections 23-15-1031, 23-15-1033 and 23-15-1041.
* * *
(2) Times for holding elections for the office of circuit court judge and the office of chancery court judge shall be as prescribed in Sections 23-15-974 through 23-15-985, and Section 23-15-1015.
(3) Times for holding elections for the office of county election commissioners shall be as prescribed in Section 23-15-213.
SECTION 2. Section 23-15-973, Mississippi Code of 1972, is amended as follows:
23-15-973. It shall be the duty of the judges of the circuit court to give a reasonable time and opportunity to the candidates for the office of * * * judges of the Court of Appeals, circuit judge and chancellor to address the people during court terms. In order to give further and every possible emphasis to the fact that the said judicial offices are not political but are to be held without favor and with absolute impartiality as to all persons, and because of the jurisdiction conferred upon the courts by this chapter, the judges thereof should be as far removed as possible from any political affiliations or obligations. It shall be unlawful for any candidate for any of the offices mentioned in this section to align himself with any candidate or candidates for any other office or with any political faction or any political party at any time during any primary or general election campaign. Likewise it shall be unlawful for any candidate for any other office nominated or to be nominated at any primary election, wherein any candidate for any of the judicial offices in this section mentioned, is or are to be nominated, to align himself with any one or more of the candidates for said offices or to take any part whatever in any nomination for any one or more of said judicial offices, except to cast his individual vote. Any candidate for any office, whether nominated with or without opposition, at any primary wherein a candidate for any one of the judicial offices herein mentioned is to be nominated who shall deliberately, knowingly and willfully violate the provisions of this section shall forfeit his nomination, or if elected at the following general election by virtue of said nomination, his election shall be void.
SECTION 3. Section 23-15-975, Mississippi Code of 1972, is amended as follows:
23-15-975. As used in Sections 23-15-974 through 23-15-985 of this subarticle, the term "judicial office" includes the office of * * * judge of the Court of Appeals, circuit judge, chancellor, county court judge and family court judge. All such * * * judges shall be full-time positions and such * * * judges shall not engage in the practice of law before any court, administrative agency or other judicial or quasi-judicial forum except as provided by law for finalizing pending cases after election to judicial office.
SECTION 4. 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 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 * * * Court of Appeals judge, 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 be a candidate 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 (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 5. 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 such incumbent was elected at which there shall be elected a successor to the incumbent, whose term of office shall thereafter begin on the first Monday of January of the year in which the term of the incumbent he succeeds expires.
At the end of the current terms of the judges of the Supreme Court, the Governor shall appoint a successor from the list of nominees provided by the Nonpartisan Multi-disciplinary Nominating Commission as provided in subsection (2) who shall serve for a term of eight (8) years and successors shall be retained or appointed from thereafter as provided in subsection (3).
(2) (a) There is created the Nonpartisan Multi-disciplinary Nominating Commission which shall be comprised of the following members:
(i) Four (4) members appointed by the Governor, one (1) of which shall be a sitting judge who shall preside over the commission;
(ii) Two (2) members appointed by the Lieutenant Governor, one (1) of which shall be an attorney in good standing with the Mississippi Bar;
(iii) Two (2) members appointed by the Speaker of the House of Representatives, one (1) of which shall be an attorney in good standing with the Mississippi Bar; and
(iv) Two (2) members appointed by the Mississippi Bar, one (1) of which shall be an attorney in good standing with the Mississippi Bar.
(b) The commission shall screen applicants for judges of the Supreme Court on a basis of merit, physical and mental ability to perform the tasks required, impartiality, integrity, professional skills, scope of experience as shown through prior practice or specialized expertise, community involvement, social awareness, collegiality, writing ability, decisiveness, judicial temperament, speaking ability and professionalism. The commission is authorized to require candidates to fill out detailed questionnaires listing qualifications and experience.
(c) The commission shall provide a list of five (5) nominees to the Governor for a vacant position on the Supreme Court. The Governor shall appoint a judge only from the list of nominees provided by the commission.
(d) The members of the commission shall be entitled to receive per diem as provided in Section 25-3-69 and travel expenses as provided in Section 25-3-41 while carrying out their official duties as members of the commission.
(3) In the fourth year of the term of an incumbent, and likewise each eighth year thereafter, an election shall be held at the general election in the Supreme Court district from which the incumbent Supreme Court judge was elected or appointed in which the qualified electors shall vote to retain or remove the judge. If a majority of the qualified electors voting in the election vote in favor of retaining a judge, the judge shall serve for another term. If a majority of the qualified electors voting in the election vote in favor of removing a judge, the judge shall serve until the end of the term and the Governor shall appoint a successor to the incumbent from the list of nominees provided by the Nonpartisan Multi-disciplinary Nominating Commission, whose term of office shall thereafter begin on the first Monday of January of the year in which the term of the incumbent he succeeds expires.
SECTION 6. Section 23-15-993, Mississippi Code of 1972, is amended as follows:
23-15-993. For the purpose of all appointments, 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 * * *. 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 7. Section 23-15-995, Mississippi Code of 1972, which provides for the applicability of election laws to the election of judges of the Supreme Court, is repealed.
SECTION 8. 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 9. This act shall take effect and be in force from and after the date it and House Concurrent Resolution No. ___, 2004 Regular Session, are effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.