MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Judiciary A

By: Representative Blackmon, Reynolds, Moss, Cummings

House Bill 827

AN ACT TO AMEND SECTION 9-5-1, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE 2000 CENSUS; TO BRING FORWARD SECTIONS 9-5-3, 9-5-5, 9-5-7, 9-5-9, 9-5-11, 9-5-13, 9-5-15, 9-5-17, 9-5-19, 9-5-21, 9-5-22, 9-5-23, 9-5-25, 9-5-27, 9-5-29, 9-5-31, 9-5-33, 9-5-35, 9-5-36, 9-5-37, 9-5-38, 9-5-39, 9-5-40, 9-5-41, 9-5-43, 9-5-45, 9-5-47, 9-5-49, 9-5-50, 9-5-51, 9-5-53, 9-5-54, 9-5-55, 9-5-57 AND 9-5-58, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT IN ORDER TO REDISTRICT THE CHANCERY COURT DISTRICTS; TO AMEND SECTION 9-7-1, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE 2000 CENSUS; TO BRING FORWARD SECTIONS 9-7-3, 9-7-5, 9-7-7, 9-7-9, 9-7-11, 9-7-13, 9-7-14, 9-7-15, 9-7-17, 9-7-19, 9-7-20, 9-7-21, 9-7-23, 9-7-25, 9-7-27, 9-7-29, 9-7-30, 9-7-31, 9-7-32, 9-7-33, 9-7-34, 9-7-35, 9-7-37, 9-7-39, 9-7-41, 9-7-42, 9-7-43, 9-7-44, 9-7-45, 9-7-46, 9-7-47, 9-7-49, 9-7-51, 9-7-53, 9-7-54, 9-7-55 AND 9-7-57, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT IN ORDER TO REDISTRICT THE CIRCUIT COURT DISTRICTS; TO BRING FORWARD SECTIONS 23-15-982 AND 23-15-983, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF CONFORMING AMENDMENTS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 9-5-1, Mississippi Code of 1972, is amended as follows:

9-5-1. A chancellor shall be elected for and from each of the chancery court districts as provided in this chapter and the listing of individual precincts shall be those precincts as they existed on October 1, 2000. He shall hold court in any other district with the consent of the chancellor thereof when in their opinion the public interest may be thereby promoted. The terms of all chancellors elected at the regular election for the year 1930 shall begin on the first day of January, 1931, and their terms of office shall continue for four (4) years. A chancellor shall be a resident of the district in which he serves but shall not be required to be a resident of a subdistrict if the district is divided into subdistricts.

SECTION 2. Section 9-5-3, Mississippi Code of 1972, is brought forward as follows:

9-5-3. (1) The state shall be divided into an appropriate number of chancery court districts, severally numbered and comprised of the counties as set forth in the sections which follow. A court to be styled "The Chancery Court of the County of ____" shall be held in each county, and within each judicial district of a county having two (2) judicial districts, at least twice a year. From and after January 1, 1995, the dates upon which court shall be held in chancery court districts consisting of a single county shall be the same dates state agencies and political subdivisions are open for business excluding legal holidays. The dates upon which terms shall commence and the number of days for which terms shall continue in chancery court districts consisting of more than one (1) county shall be set by order of the chancellor in accordance with the provisions of subsection (2) of this section. A matter in court may extend past such terms if the interest of justice so requires.

(2) An order establishing the commencement and continuation of terms of court for each of the counties within a chancery court district consisting of more than one (1) county shall be entered annually and not later than October 1 of the year immediately preceding the calendar year for which such terms of court are to become effective. Notice of the dates upon which the terms of court shall commence and the number of days for which such terms shall continue in each of the counties within a chancery court district shall be posted in the office of the chancery clerk of each county within the district and mailed to the office of the Secretary of State for publication and distribution to all members of the Mississippi Bar. In the event that an order is not timely entered as herein provided, the terms of court for each of the counties within any such chancery court district shall remain unchanged for the next calendar year.

(3) The number of chancellorships for each chancery court district shall be determined by the Legislature based upon the following criteria:

(a) The population of the district;

(b) The number of cases filed in the district;

(d) The geographic area of the district;

(e) An analysis of the needs of the district by the court personnel of the district; and

(f) Any other appropriate criteria.

(4) The Judicial College of the University of Mississippi Law Center and the Administrative Office of Courts shall determine the appropriate:

(a) Specific data to be collected as a basis for applying the above criteria;

(b) Method of collecting and maintaining the specified data; and

(5) In a district having more than one (1) office of chancellor, there shall be no distinction whatsoever in the powers, duties and emoluments of those offices except that the chancellor who has been for the longest time continuously a chancellor of that court or, should no chancellor have served longer in office than the others, the chancellor who has been for the longest time a member of the Mississippi Bar, shall be the senior chancellor. The senior chancellor shall have the right to assign causes and dockets and to set terms in districts consisting of more than one (1) county.

SECTION 3. Section 9-5-5, Mississippi Code of 1972, is brought forward as follows:

9-5-5. The First Chancery Court District shall be comprised of the following counties:

(a) Alcorn County;

(b) Itawamba County;

(d) Monroe County;

(e) Pontotoc County;

(f) Prentiss County;

(g) Tishomingo County; and

(h) Union County.

SECTION 4. Section 9-5-7, Mississippi Code of 1972, is brought forward as follows:

9-5-7. There shall be three (3) chancellors for the First Chancery Court District.

SECTION 5. Section 9-5-9, Mississippi Code of 1972, is brought forward as follows:

9-5-9. The Second Chancery Court District shall be comprised of the following counties:

(a) Jasper County;

(b) Newton County; and

SECTION 6. Section 9-5-11, Mississippi Code of 1972, is brought forward as follows:

9-5-11. (1) The Third Chancery Court District shall be comprised of the following counties:

(a) DeSoto County;

(b) Grenada County;

(d) Panola County;

(e) Tate County; and

(f) Yalobusha County.

(2) The Third Chancery Court District shall be divided into two (2) subdistricts as follows:

(a) Subdistrict 3-1 shall consist of DeSoto County.

(b) Subdistrict 3-2 shall consist of Grenada County, Montgomery County, Panola County, Tate County and Yalobusha County.

SECTION 7. Section 9-5-13, Mississippi Code of 1972, is brought forward as follows:

9-5-13. (1) There shall be three (3) chancellors for the Third Chancery Court District.

(2) The chancellor of Subdistrict 3-1 shall be elected from DeSoto County. The two (2) chancellors of Subdistrict 3-2 shall be elected from Grenada County, Montgomery County, Panola County, Tate County and Yalobusha County.

SECTION 8. Section 9-5-15, Mississippi Code of 1972, is brought forward as follows:

9-5-15. The Fourth Chancery Court District shall be comprised of the following counties:

(a) Amite County;

(b) Franklin County;

(d) Walthall County.

SECTION 9. Section 9-5-17, Mississippi Code of 1972, is brought forward as follows:

9-5-17. (1) The Fifth Chancery Court District shall be comprised of Hinds County.

(2) The Fifth Chancery Court District shall be divided into the following four (4) subdistricts:

(a) Subdistrict 5-1 shall consist of the following precincts in Hinds County: Precincts 33, 34, 35, 36, 44, 45, 46, 78, 79, 72, 73, 74, 75, 76, 77, 92, 93, 96, 1, 2, 4, 5, 6, 8, 9, 10, 32, 47 and 97.

(b) Subdistrict 5-2 shall consist of the following precincts in Hinds County: Precincts 37, 38, 39, 40, 41, 42, 43, 80, 81, 82, 83, 84, 11, 12, 13, 14, 15, 16, 17, 23, 27, 28, 29, 30 and 85, Brownsville, Cynthia, Pocahontas and Tinnin Precincts.

(c) Subdistrict 5-3 shall consist of the following precincts in Hinds County: Precincts 21, 22, 25, 31, 86, 58, 59, 66, 67, 68, 69, 70, 71, 89, 24, 26, 54, 55, 56, 57, 60, 61, 62, 18, 19, 20, 50, 51, 52, 53, 63 and 64.

(d) Subdistrict 5-4 shall consist of the following precincts in Hinds County: Precincts 94, 95, 87, 88, 90 and 91, Bolton, Edwards, Pine Haven, Utica 1, Utica 2, Byram, Cayuga, Learned, Clinton 1, Clinton 2, Clinton 3, Clinton 4, Clinton 5, Clinton 6, Raymond 1, Raymond 2, Spring Ridge, St. Thomas, Old Byram, Terry, Chapel Hill and Dry Grove Precincts.

SECTION 10. Section 9-5-19, Mississippi Code of 1972, is brought forward as follows:

9-5-19. (1) There shall be four (4) chancellors for the Fifth Chancery Court District. One (1) chancellor shall be elected from each subdistrict.

(2) While there shall be no limitation whatsoever upon the powers and duties of the said chancellors other than as cast upon them by the Constitution and laws of this state, the court in the First Judicial District of Hinds County, in the discretion of the senior chancellor, may be divided into four (4) divisions as a matter of convenience by the entry of an order upon the minutes of the court.

SECTION 11. Section 9-5-21, Mississippi Code of 1972, is brought forward as follows:

9-5-21. The Sixth Chancery Court District shall be comprised of the following counties:

(a) Attala County;

(b) Carroll County;

(d) Kemper County;

(e) Neshoba County; and

(f) Winston County.

SECTION 12. Section 9-5-22, Mississippi Code of 1972, is brought forward as follows:

9-5-22. There shall be two (2) chancellors for the Sixth Chancery Court District.

SECTION 13. Section 9-5-23, Mississippi Code of 1972, is brought forward as follows:

9-5-23. (1) The Seventh Chancery Court District shall be comprised of the following counties:

(a) Bolivar County;

(b) Coahoma County;

(d) Quitman County;

(e) Tallahatchie County; and

(f) Tunica County.

(2) The Seventh Chancery Court District shall be divided into two (2) subdistricts as follows:

(a) Subdistrict 7-1 shall consist of Bolivar County and Coahoma County;

(b) Subdistrict 7-2 shall consist of Leflore County, Quitman County, Tallahatchie County and Tunica County.

SECTION 14. Section 9-5-25, Mississippi Code of 1972, is brought forward as follows:

9-5-25. There shall be two (2) chancellors for the Seventh Chancery Court District. One (1) chancellor shall be elected from each subdistrict.

SECTION 15. Section 9-5-27, Mississippi Code of 1972, is brought forward as follows:

9-5-27. The Eighth Chancery Court District shall be comprised of the following counties:

(a) Hancock County;

(b) Harrison County; and

SECTION 16. Section 9-5-29, Mississippi Code of 1972, is brought forward as follows:

9-5-29. (1) There shall be four (4) chancellors for the Eighth Chancery Court District.

(2) For purposes of appointment and election, the four (4) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two," "Place Three" and "Place Four."

(3) While there shall be no limitation whatsoever upon the powers and duties of said chancellors other than as cast upon them by the Constitution and laws of this state, the court in the Eighth Chancery Court District, in the discretion of the senior chancellor, may be divided into four (4) divisions as a matter of convenience by the entry of an order upon the minutes of the court.

SECTION 17. Section 9-5-31, Mississippi Code of 1972, is brought forward as follows:

9-5-31. (1) The Ninth Chancery Court District shall be comprised of the following counties:

(a) Humphreys County;

(b) Issaquena County;

(d) Sunflower County;

(e) Warren County; and

(f) Washington County.

(2) The Ninth Chancery Court District shall be divided into three (3) subdistricts as follows:

(a) Subdistrict 9-1 shall consist of the following precincts in the following counties:

(i) Sunflower County: Indianola 3 North, Indianola 3 South, Ruleville, Boyer-Linn, Fairview-Hale, Rome, Sunflower Plantation, Drew and Ruleville North Precincts; and

(ii) Washington County: Buster Brown Community Center, Extension Building, Faith Lutheran Church, Brent Center, William Percy Library, American Legion, Metcalf City Hall, Elks Club, Leland Health Department Clinic, Leland Light and Water Plant and Greenville Industrial College Precincts.

(b) Subdistrict 9-2 shall consist of Humphreys County and the following precincts in the following counties:

(i) Sunflower County: Inverness, Indianola 1, Moorhead, Indianola 2 West, Indianola 2 East, Sunflower, Indianola 3 Northeast and Doddsville Precincts; and

(ii) Washington County: St. James Episcopal Church, Swiftwater Baptist Church, Glen Allan Health Clinic, Italian Club, Ward's Recreation Center, Avon Health Center, Arcola City Hall, Kapco Co., Hollandale City Hall, Darlove Baptist Church, Mangelardi Bourbon Store and Grace Methodist Church Precincts.

SECTION 18. Section 9-5-33, Mississippi Code of 1972, is brought forward as follows:

9-5-33. There shall be three (3) chancellors for the Ninth Chancery Court District. One (1) chancellor shall be elected from each subdistrict.

SECTION 19. Section 9-5-35, Mississippi Code of 1972, is brought forward as follows:

9-5-35. The Tenth Chancery Court District shall be comprised of the following counties:

(a) Forrest County;

(b) Lamar County;

(d) Pearl River County; and

(e) Perry County.

SECTION 20. Section 9-5-36, Mississippi Code of 1972, is brought forward as follows:

9-5-36. (1) There shall be three (3) chancellors for the Tenth Chancery Court District.

(2) For purposes of appointment and election, the three (3) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two" and "Place Three," respectively. The chancellor to fill Place One shall be a resident of Forrest, Lamar, Marion, Pearl River or Perry County. The chancellor to fill Place Two shall be a resident of Lamar, Marion, Pearl River or Perry County. The chancellor to fill Place Three shall be a resident of Forrest County. Election of the three (3) offices of chancellor shall be by election to be held in every county within the Tenth Chancery Court District of Mississippi.

SECTION 21. Section 9-5-37, Mississippi Code of 1972, is brought forward as follows:

9-5-37. (1) The Eleventh Chancery Court District shall be comprised of the following counties:

(a) Holmes County;

(b) Leake County;

(d) Yazoo County.

(2) The Eleventh Chancery Court District shall be divided into two (2) subdistricts as follows:

(a) Subdistrict 11-1 shall consist of Holmes County, Yazoo County and Canton Precinct 4, Canton Precinct 5, Smith School, Magnolia Heights and Flora Precincts of Madison County;

(b) Subdistrict 11-2 shall consist of Leake County and Farmhaven, Madisonville, Trace Harbor, Canton Precinct 1, Canton Precinct 2, Canton Precinct 3, Canton Precinct 6, Cameron Street, Bear Creek, Madison, Ridgeland, Gluckstadt, Lorman/Cavalier, Virlilia, Cameron, Couparle, Camden and Sharon Precincts of Madison County.

SECTION 22. Section 9-5-38, Mississippi Code of 1972, is brought forward as follows:

9-5-38. There shall be two (2) chancellors for the Eleventh Chancery Court District. One (1) chancellor shall be elected from each subdistrict.

SECTION 23. Section 9-5-39, Mississippi Code of 1972, is brought forward as follows:

9-5-39. The Twelfth Chancery Court District shall be comprised of the following counties:

(a) Clarke County; and

(b) Lauderdale County.

SECTION 24. Section 9-5-40, Mississippi Code of 1972, is brought forward as follows:

9-5-40. There shall be two (2) judges for the Twelfth Chancery Court District.

SECTION 25. Section 9-5-41, Mississippi Code of 1972, is brought forward as follows:

9-5-41. The Thirteenth Chancery Court District shall be comprised of the following counties:

(a) Covington County;

(b) Jefferson Davis County;

(d) Simpson County; and

(e) Smith County.

SECTION 26. Section 9-5-43, Mississippi Code of 1972, is brought forward as follows:

9-5-43. (1) The Fourteenth Chancery Court District shall be comprised of the following counties:

(a) Chickasaw County;

(b) Clay County;

(d) Noxubee County;

(e) Oktibbeha County; and

(f) Webster County.

(2) The Fourteenth Chancery Court District shall be divided into three (3) subdistricts as follows:

(a) Subdistrict 14-1 shall consist of Chickasaw County, Webster County and the following precincts in Oktibbeha County: West Starkville, Adaton, North Longview, Self Creek, Double Springs, Northeast Starkville, East Starkville, North Starkville, Maben, South Starkville, South Longview, Craig Springs, Bradley, Center Grove and Sturgis Precincts.

(b) Subdistrict 14-2 shall consist of the following precincts in the following counties:

(i) Clay County: Vinton, East West Point, Siloam, Central West Point, South West Point and Cedar Bluff Precincts; and

(ii) Lowndes County: Caledonia, Steens A, Steens B, Caldwell, Stokes Beard B, Fairview, Sale, Rural Hill B, Lee High, Brandon, Franklin, Air Base A, Air Base B, Air Base C, Steens C, Rural Hill A, New Hope A, Mitchell, New Hope B, Union Academy A and University A Precincts.

(i) Clay County: North West Point, Union Star, Tibbee, Cairo, Caradine, Una, West West Point, Pheba and Pine Bluff Precincts;

(ii) Lowndes County: Stokes Beard A, Fair Grounds, Coleman, Plum Grove A, Crawford A, Hunt B, Hunt A, Union Academy B, University B, West Lowndes, Artesia, Mayhew, Crawford B, Crawford C, New Hope C and Plum Grove B Precincts; and

(iii) Oktibbeha County: Osborn, Hickory Grove, Bell Schoolhouse, Central Starkville, Gillespie Street Center, Sessums and Oktoc Precincts.

SECTION 27. Section 9-5-45, Mississippi Code of 1972, is brought forward as follows:

9-5-45. There shall be three (3) chancellors for the Fourteenth Chancery Court District. One (1) chancellor shall be elected from each subdistrict.

SECTION 28. Section 9-5-47, Mississippi Code of 1972, is brought forward as follows:

9-5-47. The Fifteenth Chancery Court District shall be comprised of the following counties:

(a) Copiah County; and

(b) Lincoln County.

SECTION 29. Section 9-5-49, Mississippi Code of 1972, is brought forward as follows:

9-5-49. The Sixteenth Chancery Court District shall be comprised of the following counties:

(a) George County;

(b) Greene County; and

SECTION 30. Section 9-5-50, Mississippi Code of 1972, is brought forward as follows:

9-5-50. (1) There shall be three (3) chancellors for the Sixteenth Chancery Court District.

(2) For the purposes of appointment and election, the three (3) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two" and "Place Three."

SECTION 31. Section 9-5-51, Mississippi Code of 1972, is brought forward as follows:

9-5-51. (1) The Seventeenth Chancery Court District shall be comprised of the following counties:

(a) Adams County;

(b) Claiborne County;

(d) Wilkinson County.

(2) The Seventeenth Chancery Court District shall be divided into two (2) subdistricts as follows:

(a) Subdistrict 17-1 shall consist of Claiborne County, Jefferson County, and the following precincts in Adams County: Maryland Heights, Palestine, Northside School, Thompson, Pine Ridge, Airport, Anchorage and Washington Precincts.

(b) Subdistrict 17-2 shall consist of Wilkinson County and the following precincts in Adams County: Courthouse, By-Pass Fire Station, Cloverdale, Bellemont, Carpenter No. 1, Duncan Park, Beau Pre, Kingston, Concord, Liberty Park, Morgantown and Oakland Precincts.

(3) There shall be two (2) chancellors for the Seventeenth Chancery Court District. One (1) chancellor shall be elected from each subdistrict.

SECTION 32. Section 9-5-53, Mississippi Code of 1972, is brought forward as follows:

9-5-53. The Eighteenth Chancery Court District shall be comprised of the following counties:

(a) Benton County;

(b) Calhoun County;

(d) Marshall County; and

(e) Tippah County.

SECTION 33. Section 9-5-54, Mississippi Code of 1972, is brought forward as follows:

9-5-54. There shall be two (2) chancellors for the Eighteenth Chancery Court District.

SECTION 34. Section 9-5-55, Mississippi Code of 1972, is brought forward as follows:

9-5-55. The Nineteenth Chancery Court District shall be comprised of the following counties:

(a) Jones County; and

(b) Wayne County.

SECTION 35. Section 9-5-57, Mississippi Code of 1972, is brought forward as follows:

9-5-57. The Twentieth Chancery Court District shall be comprised of Rankin County.

SECTION 36. Section 9-5-58, Mississippi Code of 1972, is brought forward as follows:

9-5-58. There shall be two (2) chancellors for the Twentieth Chancery Court District. For purposes of appointment and election the two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

SECTION 37. Section 9-7-1, Mississippi Code of 1972, is amended as follows:

9-7-1. A circuit judge shall be elected for and from each circuit court district and the listing of individual precincts shall be those precincts as they existed on October 1, 2000. He may hold court in any other district with the consent of the judge thereof, when in their opinion the public interest may require. The terms of all circuit judges hereafter elected shall begin on the first day of January, 1931, and their terms of office shall continue for four (4) years. A circuit judge shall be a resident of the district in which he or she serves but shall not be required to be a resident of a subdistrict if the district is divided into subdistricts.

SECTION 38. Section 9-7-3, Mississippi Code of 1972, is brought forward as follows:

9-7-3. (1) The state is divided into an appropriate number of circuit court districts severally numbered and comprised of the counties as set forth in the sections which follow. A court to be styled "The Circuit Court of the County of ____" shall be held in each county, and within each judicial district of a county having two (2) judicial districts, at least twice a year. From and after January 1, 1995, the dates upon which court shall be held in circuit court districts consisting of a single county shall be the same dates state agencies and political subdivisions are open for business excluding legal holidays. The dates upon which terms shall commence and the number of days for which such terms shall continue in circuit court districts consisting of more than one (1) county shall be set by order of the circuit court judge in accordance with the provisions of subsection (2) of this section. A matter in court may extend past such times if the interest of justice so requires.

(2) An order establishing the commencement and continuation of terms of court for each of the counties within a circuit court district consisting of more than one (1) county shall be entered annually and not later than October 1 of the year immediately preceding the calendar year for which such terms of court are to become effective. Notice of the dates upon which the terms of court shall commence and the number of days for which such terms shall continue in each of the counties within a circuit court district shall be posted in the office of the circuit clerk of each county within the district and mailed to the office of the Secretary of State for publication and distribution to all members of the Mississippi Bar. In the event that an order is not timely entered as herein provided, the terms of court for each of the counties within any such circuit court district shall remain unchanged for the next calendar year. A certified copy of any order entered under the provisions of this subsection shall, immediately upon the entry thereof, be delivered to the clerk of the board of supervisors in each of the counties within the circuit court district.

(3) The number of judges in each circuit court district shall be determined by the Legislature based upon the following criteria:

(a) The population of the district;

(b) The number of cases filed in the district;

(d) The geographic area of the district;

(e) An analysis of the needs of the district by the court personnel of the district; and

(f) Any other appropriate criteria.

(4) The Judicial College of the University of Mississippi Law Center and the Administrative Office of Courts shall determine the appropriate:

(a) Specific data to be collected as a basis for applying the above criteria;

(b) Method of collecting and maintaining the specified data; and

(5) In a district having more than one (1) office of circuit judge, there shall be no distinction whatsoever in the powers, duties and emoluments of those offices except that the judge who has been for the longest time continuously a judge of that court or, should no judge have served longer in office than the others, the judge who has been for the longest time a member of the Mississippi Bar, shall be the senior judge. The senior judge shall have the right to assign causes and dockets and to set terms in districts consisting of more than one (1) county.

SECTION 39. Section 9-7-5, Mississippi Code of 1972, is brought forward as follows:

9-7-5. The First Circuit Court District shall be comprised of the following counties:

(a) Alcorn County;

(b) Itawamba County;

(d) Monroe County;

(e) Pontotoc County;

(f) Prentiss County; and

(g) Tishomingo County.

SECTION 40. Section 9-7-7, Mississippi Code of 1972, is brought forward as follows:

9-7-7. There shall be three (3) judges for the First Circuit Court District.

SECTION 41. Section 9-7-9, Mississippi Code of 1972, is brought forward as follows:

9-7-9. The Second Circuit Court District shall be comprised of the following counties:

(a) Hancock County;

(b) Harrison County; and

SECTION 42. Section 9-7-11, Mississippi Code of 1972, is brought forward as follows:

9-7-11. (1) There shall be four (4) circuit judges for the Second Circuit Court District.

(2) For the purposes of appointment and election the four (4) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two," "Place Three" and "Place Four."

SECTION 43. Section 9-7-13, Mississippi Code of 1972, is brought forward as follows:

9-7-13. The Third Circuit Court District shall be comprised of the following counties:

(a) Benton County;

(b) Calhoun County;

(d) Lafayette County;

(e) Marshall County;

(f) Tippah County; and

(g) Union County.

SECTION 44. Section 9-7-14, Mississippi Code of 1972, is brought forward as follows:

9-7-14. There shall be two (2) circuit judges for the Third Circuit Court District.

SECTION 45. Section 9-7-15, Mississippi Code of 1972, is brought forward as follows:

9-7-15. (1) The Fourth Circuit Court District shall be composed of the following counties:

(a) Leflore County;

(b) Sunflower County; and

(2) The Fourth Circuit Court District shall be divided into four (4) subdistricts as follows:

(a) Subdistrict 4-1 shall consist of the following precincts in the following counties:

(i) Leflore County: Minter City, North Greenwood, Money, Northeast Greenwood, Schlater, West Greenwood, Mississippi Valley State University and Southeast Greenwood Precincts; and

(ii) Sunflower County: Ruleville, Rome, Sunflower Plantation, Drew, Doddsville, Boyer-Linn, Fairview-Hale and Ruleville North Precincts.

(b) Subdistrict 4-2 shall consist of the following precincts in the following counties:

(i) Sunflower County: Indianola 1, Sunflower, Indianola 3 North, Indianola 3 South and Indianola 3 Northeast Precincts; and

(ii) Washington County: Extension Building, Faith Lutheran Church, American Legion, Metcalfe City Hall, Elks Club, Leland Health Department Clinic, Leland Light and Water Plant and Greenville Industrial College Precincts.

(i) Leflore County: East Greenwood Sub-A, East Greenwood Sub-B, Central Greenwood, North Itta Bena, South Itta Bena, Southwest Greenwood, Rising Sun, Sidon, Morgan City, Swiftown and South Greenwood Precincts;

(ii) Sunflower County: Moorhead, Inverness, Indianola 2 West and Indianola 2 East Precincts; and

(iii) Washington County: Arcola City Hall, Hollandale City Hall, Darlove Baptist Church and Mangelardi Bourbon Store Precincts.

(d) Subdistrict 4-4 shall consist of the following precincts in Washington County: St. James Episcopal Church, Swiftwater Baptist Church, Glen Allan Health Clinic, Italian Club, Ward's Recreation Center, Buster Brown Community Center, Avon Health Center, Kapco Company, Brent Center, William Percy Library and Grace Methodist Church Precincts.

(3) The local contributions required for the maintenance of the Fourth Circuit Court District shall be paid on a pro rata basis each by Leflore, Sunflower and Washington Counties.

SECTION 46. Section 9-7-17, Mississippi Code of 1972, is brought forward as follows:

9-7-17. There shall be four (4) circuit judges for the Fourth Circuit Court District. One (1) circuit judge shall be elected from each subdistrict.

SECTION 47. Section 9-7-19, Mississippi Code of 1972, is brought forward as follows:

9-7-19. The Fifth Circuit Court District shall be comprised of the following counties:

(a) Attala County;

(b) Carroll County;

(d) Grenada County;

(e) Montgomery County;

(f) Webster County; and

(g) Winston County.

SECTION 48. Section 9-7-20, Mississippi Code of 1972, is brought forward as follows:

9-7-20. There shall be two (2) judges for the Fifth Circuit Court District.

SECTION 49. Section 9-7-21, Mississippi Code of 1972, is brought forward as follows:

9-7-21. (1) The Sixth Circuit Court District shall be comprised of the following counties:

(a) Adams County;

(b) Amite County;

(d) Wilkinson County.

(2) The Sixth Circuit Court District shall be divided into two (2) subdistricts as follows:

(a) Subdistrict 6-1 shall consist of Wilkinson County and the following precincts in the following counties:

(i) Adams County: Courthouse, By-Pass Fire Station, Cloverdale, Carpenter No. 1, Concord, Maryland Heights, Northside School, Thompson, Pine Ridge, Airport and Anchorage Precincts; and

(ii) Amite County: Gloster, Ariel, Homochitto, Crosby, East Centreville, Street and Berwick Precincts.

(b) Subdistrict 6-2 shall consist of Franklin County, all of Amite County except Gloster, Ariel, Homochitto, Crosby, East Centreville, Street and Berwick Precincts and the following precincts in Adams County: Bellemont, Duncan Park, Beau Pre, Kingston, Liberty Park, Palestine, Morgantown, Oakland and Washington Precincts.

(3) There shall be two (2) circuit judges for the Sixth Circuit Court District. One (1) judge shall be elected from each subdistrict.

SECTION 50. Section 9-7-23, Mississippi Code of 1972, is brought forward as follows:

9-7-23. (1) The Seventh Circuit Court District shall be comprised of Hinds County.

(2) The Seventh Circuit Court District shall be divided into four (4) subdistricts in Hinds County as follows:

(a) Subdistrict 7-1 shall consist of the following precincts in Hinds County: Precincts 33, 34, 35, 36, 44, 45, 46, 78, 79, 72, 73, 74, 75, 76, 77, 92, 93, 96, 1, 2, 4, 5, 6, 8, 9, 10, 32, 47 and 97.

(b) Subdistrict 7-2 shall consist of the following precincts in Hinds County: Precincts 37, 38, 39, 40, 41, 42, 43, 80, 81, 82, 83, 84, 11, 12, 13, 14, 15, 16, 17, 23, 27, 28, 29, 30 and 85, Brownsville, Cynthia, Pocahontas and Tinnin Precincts.

(c) Subdistrict 7-3 shall consist of the following precincts in Hinds County: Precincts 21, 22, 25, 31, 86, 58, 59, 66, 67, 68, 69, 70, 71, 89, 24, 26, 54, 55, 56, 57, 60, 61, 62, 18, 19, 20, 50, 51, 52, 53, 63 and 64.

(d) Subdistrict 7-4 shall consist of the following precincts in Hinds County: Precincts 94, 95, 87, 88, 90 and 91, Bolton, Edwards, Pine Haven, Utica 1, Utica 2, Byram, Cayuga, Learned, Clinton 1, Clinton 2, Clinton 3, Clinton 4, Clinton 5, Clinton 6, Raymond 1, Raymond 2, Spring Ridge, St. Thomas, Old Byram, Terry, Chapel Hill and Dry Grove Precincts.

SECTION 51. Section 9-7-25, Mississippi Code of 1972, is brought forward as follows:

9-7-25. (1) There shall be four (4) circuit judges for the Seventh Circuit Court District. One (1) judge shall be elected from each subdistrict.

(2) While there shall be no limitation whatsoever upon the powers and duties of the said judges other than as cast upon them by the Constitution and laws of this state, the court in the First Judicial District of Hinds County, in the discretion of the senior circuit judge, may be divided into civil and criminal divisions as a matter of convenience, by the entry of an order upon the minutes of the court.

SECTION 52. Section 9-7-27, Mississippi Code of 1972, is brought forward as follows:

9-7-27. (1) The Eighth Circuit Court District shall be comprised of the following counties:

(a) Leake County;

(b) Neshoba County;

(d) Scott County.

(2) There shall be two (2) judges for the Eighth Circuit Court District. The initial term for the second judgeship created under this section shall begin on the effective date of Laws, 1997, Ch. 378, and shall end at the same time as for circuit judges generally.

(3) For purposes of appointment and election, the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

SECTION 53. Section 9-7-29, Mississippi Code of 1972, is brought forward as follows:

9-7-29. (1) The Ninth Circuit Court District shall be comprised of the following counties:

(a) Issaquena County;

(b) Sharkey County; and

(2) The Ninth Circuit Court District shall be divided into two (2) subdistricts as follows:

(a) Subdistrict 9-1 shall consist of Issaquena County, Sharkey County and the following precincts in Warren County: St. Aloysius, Kings, Cedar Grove, Waltersville, Auditorium, Brunswick, Vicksburg Junior High School and American Legion Precincts.

(b) Subdistrict 9-2 shall consist of the following precincts in Warren County: Oak Ridge, Bovina, Culkin, Redwood, Number 7 Firestation, Jett, Elks Lodge, Goodrum, Yokena, Plumbers Hall, Y.M.C.A., Moose Lodge and Tingleville Precincts.

SECTION 54. Section 9-7-30, Mississippi Code of 1972, is brought forward as follows:

9-7-30. There shall be two (2) judges for the Ninth Circuit Court District. One (1) judge shall be elected from each subdistrict.

SECTION 55. Section 9-7-31, Mississippi Code of 1972, is brought forward as follows:

9-7-31. The Tenth Circuit Court District shall be comprised of the following counties:

(a) Clarke County;

(b) Kemper County;

(d) Wayne County.

SECTION 56. Section 9-7-32, Mississippi Code of 1972, is brought forward as follows:

9-7-32. There shall be two (2) judges for the Tenth Circuit Court District.

SECTION 57. Section 9-7-33, Mississippi Code of 1972, is brought forward as follows:

9-7-33. (1) The Eleventh Circuit Court District shall be comprised of the following counties:

(a) Bolivar County;

(b) Coahoma County;

(d) Tunica County.

(2) The Eleventh Circuit Court District shall be divided into three (3) subdistricts as follows:

(a) Subdistrict 11-1 shall consist of the following precincts from the following counties:

(i) Bolivar County: Gunnison, Rosedale, Pace, Benoit, Scott, East-Central Cleveland, Cleveland Courthouse, Central Cleveland, West Cleveland, Longshot, North Cleveland, Skene, Shaw, Boyle and Stringtown Precincts; and

(ii) Coahoma County: Sherard, Clarksdale 2-4, Rena Lara, and Bobo Precincts.

(b) Subdistrict 11-2 shall consist of the following precincts from the following counties:

(i) Bolivar County: Alligator-Duncan, Shelby, Mound Bayou, Winstonville, Merigold, and East Cleveland Precincts;

(ii) Coahoma County: Clarksdale 4-2, Mattson, Clarksdale 3-3, Cagle Crossing and Roundway Precincts; and

(iii) Quitman County: North Marks, West Marks, Sabino, West Lambert, Lambert, and Mattie Precincts.

(i) Coahoma County: Lula, Farrell, Friars Point, Lyon, Clarksdale 1-4, Clarksdale 1-4A, Clarksdale 1-4B, Clarksdale 1-4C, Clarksdale 1-4D, Clarksdale 1-4E, Clarksdale 1-4F, Clarksdale 2-4A, Clarksdale 2-4B, Clarksdale 2-4C, Clarksdale 3-3A, Clarksdale 3-3B, Clarksdale 3-3C, Clarksdale 3-3D, Clarksdale 3-3E, Clarksdale 3-3F, Clarksdale 4-2A, Clarksdale 5-4, Clarksdale 5-4A, Clarksdale 5-4B, Coahoma and Jonestown Precincts; and

(ii) Quitman County: Crenshaw, Sledge, Birdie Darling, Belen, Marks, and Crowder Precincts.

SECTION 58. Section 9-7-34, Mississippi Code of 1972, is brought forward as follows:

9-7-34. There shall be three (3) judges for the Eleventh Circuit Court District. One (1) judge shall be elected from each subdistrict.

SECTION 59. Section 9-7-35, Mississippi Code of 1972, is brought forward as follows:

9-7-35. The Twelfth Circuit Court District shall be comprised of the following counties:

(a) Forrest County; and

(b) Perry County.

SECTION 60. Section 9-7-37, Mississippi Code of 1972, is brought forward as follows:

9-7-37. The Thirteenth Circuit Court District shall be comprised of the following counties:

(a) Covington County;

(b) Jasper County;

(d) Smith County.

SECTION 61. Section 9-7-39, Mississippi Code of 1972, is brought forward as follows:

9-7-39. (1) The Fourteenth Circuit Court District shall be comprised of the following counties:

(a) Lincoln County;

(b) Pike County; and

(2) There shall be two (2) judges for the Fourteenth Circuit Court District.

SECTION 62. Section 9-7-41, Mississippi Code of 1972, is brought forward as follows:

9-7-41. The Fifteenth Circuit Court District shall be comprised of the following counties:

(a) Jefferson Davis County;

(b) Lamar County;

(d) Marion County; and

(e) Pearl River County.

SECTION 63. Section 9-7-42, Mississippi Code of 1972, is brought forward as follows:

9-7-42. There shall be two (2) judges for the Fifteenth Circuit Court District.

SECTION 64. Section 9-7-43, Mississippi Code of 1972, is brought forward as follows:

9-7-43. The Sixteenth Circuit Court District shall be comprised of the following counties:

(a) Clay County;

(b) Lowndes County;

(d) Oktibbeha County.

SECTION 65. Section 9-7-44, Mississippi Code of 1972, is brought forward as follows:

9-7-44. There shall be two (2) judges for the Sixteenth Circuit Court District.

SECTION 66. Section 9-7-45, Mississippi Code of 1972, is brought forward as follows:

9-7-45. The Seventeenth Circuit Court District shall be divided into two (2) subdistricts as follows:

(a) Subdistrict 17-1 shall consist of DeSoto County; and

(b) Subdistrict 17-2 shall consist of Panola County, Tallahatchie County, Tate County and Yalobusha County.

SECTION 67. Section 9-7-46, Mississippi Code of 1972, is brought forward as follows:

9-7-46. (1) There shall be three (3) circuit judges for the Seventeenth Circuit Court District.

(2) For the purpose of appointment and election, the three (3) judgeships shall be separate and distinct, and one (1) judge shall be elected from Subdistrict 17-1 and two (2) judges shall be elected from Subdistrict 17-2.

SECTION 68. Section 9-7-47, Mississippi Code of 1972, is brought forward as follows:

9-7-47. The Eighteenth Circuit Court District shall be Jones County.

SECTION 69. Section 9-7-49, Mississippi Code of 1972, is brought forward as follows:

9-7-49. (1) The Nineteenth Circuit Court District shall be comprised of the following counties:

(a) George County;

(b) Greene County; and

(2) The local contribution required for the maintenance of the Nineteenth Circuit Court District shall not exceed, as to George and Greene Counties, the amount of their present local contribution in their present respective circuit court districts, and any excess shall be paid by Jackson County.

SECTION 70. Section 9-7-51, Mississippi Code of 1972, is brought forward as follows:

9-7-51. (1) There shall be three (3) circuit judges for the Nineteenth Circuit Court District. For the purposes of appointment and election, the three (3) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two" and "Place Three."

(2) The senior judge of the Nineteenth Circuit Court District may divide the court of any county within the district into civil, criminal and appellate court divisions as a matter of convenience by the entry of an order upon the minutes of the court.

SECTION 71. Section 9-7-53, Mississippi Code of 1972, is brought forward as follows:

9-7-53. The Twentieth Circuit Court District shall be comprised of the following counties:

(a) Madison County; and

(b) Rankin County.

SECTION 72. Section 9-7-54, Mississippi Code of 1972, is brought forward as follows:

9-7-54. There shall be two (2) judges for the Twentieth Circuit Court District.

SECTION 73. Section 9-7-55, Mississippi Code of 1972, is brought forward as follows:

9-7-55. The Twenty-first Circuit Court District shall be comprised of the following counties:

(a) Holmes County;

(b) Humphreys County; and

SECTION 74. Section 9-7-57, Mississippi Code of 1972, is brought forward as follows:

9-7-57. The Twenty-second Circuit Court District shall be comprised of the following counties:

(a) Claiborne County;

(b) Copiah County; and

SECTION 75. Section 23-15-982, Mississippi Code of 1972, is brought forward as follows:

23-15-982. (1) Majority of vote equals any excess of the total vote for all candidates divided by the number of judgeships to be filled divided by two (2).

If some or all candidates in a multijudge election do not receive a majority of the vote, then candidates equal in number to twice the number of remaining positions to be filled and having the highest votes shall run in a runoff election. In such event, if there is not a sufficient number of remaining candidates equal to twice the number of remaining positions to be filled, then all remaining candidates shall run in the runoff election.

(2) Any tie votes which require resolution to determine who shall enter a runoff election shall be determined by the commissioners of election in the manner prescribed by Sections 23-15-601 and 23-15-605.

Candidates equal to the remaining number of positions to be filled who have the highest votes in the runoff election are elected.

Any tie votes which must be determined in order to decide who is elected as a result of a runoff election shall be determined by the State Election Commission in the manner prescribed by Sections 23-15-601 and 23-15-605.

(3) The provisions of this section shall apply only to districts and subdistricts which are multijudge districts except for the Eighth, Tenth, Sixteenth and Twentieth Chancery Court Districts and the Second, Eighth and Nineteenth Circuit Court Districts.

SECTION 76. Section 23-15-983, Mississippi Code of 1972, is brought forward as follows:

23-15-983. At the general election, the candidates equal to the number of positions to be filled and having the highest votes shall be elected.

Any tie votes in the general election which must be resolved in order to determine who is elected shall be resolved in the manner prescribed by Sections 23-15-601 and 23-15-605.

The provisions of this section shall apply only to districts and subdistricts which are multijudge districts except for the Eighth, Tenth, Sixteenth and Twentieth Chancery Court Districts and the Second, Eighth and Nineteenth Circuit Court Districts.

SECTION 77. 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 78. 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.