Senate Bill 2875

AN ACT TO AMEND SECTION 11-1-56, MISSISSIPPI CODE OF 1972, TO CREATE CHANCERY AND CIRCUIT TRIAL COURT DISTRICTS TO ALLOW A BETTER DISTRIBUTION OF CASELOADS AND BETTER USE OF RESOURCES; TO GROUP THE JUDGES FROM THE 20 CHANCERY DISTRICTS AND 22 CIRCUIT DISTRICTS INTO 9 POOLS OF JUDGES TO SERVE IN DEFINED CONTIGUOUS DISTRICTS DESIGNATED AS TRIAL DISTRICTS; TO PROVIDE THAT THERE ARE AT LEAST 4 AVAILABLE JUDGES SERVING EACH TRIAL DISTRICT; TO AMEND SECTION 9-1-105, MISSISSIPPI CODE OF 1972, TO FACILITATE THE ASSIGNMENT OF SPECIAL JUDGES TO ACCOMMODATE EXTRAORDINARY CASELOADS IN PARTICULAR DISTRICTS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 11-1-56, Mississippi Code of 1972, is amended as follows:

11-1-56.

* * *

(1) The chancery and circuit court districts of Mississippi shall be grouped, for the purpose of assigning judicial duties, into nine (9) chancery court trial districts and nine (9) circuit court trial districts, as follows:

(a) Chancery court trial districts:

(i) Chancery Court Trial District One, composed of Chancery Court Districts Three and Seven;

(ii) Chancery Court Trial District Two, composed of Chancery Court Districts One and Eighteen;

(iii) Chancery Court Trial District Three, composed of Chancery Court Districts Nine and Eleven;

(iv) Chancery Court Trial District Four, composed of Chancery Court Districts Six and Fourteen;

(v) Chancery Court Trial District Five, composed of Chancery Court Districts Five and Twenty;

(vi) Chancery Court Trial District Six, composed of Chancery Court Districts Two, Twelve and Thirteen;

(vii) Chancery Court Trial District Seven, composed of Chancery Court Districts Four, Fifteen and Seventeen;

(viii) Chancery Court Trial District Eight, composed of Chancery Court Districts Ten and Nineteen;

(ix) Chancery Court Trial District Nine, composed of Chancery Court Districts Eight and Sixteen;

(b) Circuit Court Trial Districts:

(i) Circuit Court Trial District One, composed of Circuit Court Districts Eleven and Seventeen;

(ii) Circuit Court Trial District Two, composed of Circuit Court Districts One and Three;

(iii) Circuit Court Trial District Three, composed of Circuit Court Districts Four and Nine;

(iv) Circuit Court Trial District Four, composed of Circuit Court Districts Five and Sixteen;

(v) Circuit Court Trial District Five, composed of Circuit Court Districts Seven and Twenty;

(vi) Circuit Court Trial District Six, composed of Circuit Court Districts Eight and Ten;

(vii) Circuit Court Trial District Seven, composed of Circuit Court Districts Six, Fourteen and Twenty-two;

(viii) Circuit Court Trial District Eight, composed of Circuit Court Districts Twelve, Thirteen, Fifteen and Eighteen;

(ix) Circuit Court Trial District Nine, composed of Circuit Court Districts Two and Three.

(2) The circuit court and chancery court trial districts hereby created do not supersede the existing circuit and chancery court districts, but are created solely to facilitate the assignment of cases filed within the circuit and chancery court districts composing each trial district. The judges of each trial district shall have the full authority to try cases filed in all of the circuit court districts composing the trial district which contains the district or subdistrict from which they each are elected. In no event shall the existence of these trial districts alter the districts from which judges are elected or the manner of their election.

(3) Cases filed in the chancery and circuit court districts shall be assigned to the judges of the trial districts of which the chancery and circuit court districts are constituent parts in such a manner as to reasonably assure a fair and balanced distribution of cases filed in each county among the judges of a trial district and to assure that the assignments will be random, that no discernable pattern of assignment exists, and that no person shall know to whom the case will be assigned until it has been assigned. In the event of the unwillingness or inability of an assigned judge to hear a case, it may be reassigned to another judge within the trial district. Any deviation from the provisions of this section necessitated by the interest of efficiency and economy shall be in accordance with rules promulgated or approved by the Supreme Court.

SECTION 2. Section 9-1-105, Mississippi Code of 1972, is amended as follows:

9-1-105. (1) Whenever any judicial officer is unwilling or unable to hear a case or unable to hold or attend any of the courts at the time and place required by law by reason of the physical disability or sickness of such judicial officer, by reason of the absence of such judicial officer from the state, by reason of the disqualification of such judicial officer pursuant to the provision of Section 165, Mississippi Constitution of 1890, or any provision of the Code of Judicial Conduct, or for any other reason, the Chief Justice of the Mississippi Supreme Court, with the advice and consent of a majority of the justices of the Mississippi Supreme Court, may appoint a person as a special judge to hear the case or attend and hold a court.

(2) Upon a determination by the Chief Justice of the Mississippi Supreme Court that an emergency exists concerning the prompt and efficient disposition of cases in a circuit or chancery court, or at the request of the Governor,the Chief Justice of the Mississippi Supreme Court, with the advice and consent of a majority of the justices of the Mississippi Supreme Court, shall have the authority to appoint * * * special judges to serve on an emergency basis in a circuit or chancery court. It shall be the duty of any special judge so appointed to assist the court to which he is assigned in the disposition of causes so pending in such court.

(3) When a vacancy exists for any of the reasons enumerated in Section 9-1-103, the vacancy has not been filled within seven (7) days by an appointment by the Governor, and there is a pending cause or are pending causes in the court where the vacancy exists that in the interests of justice and in the orderly dispatch of the court's business require the appointment of a special judge, the Chief Justice of the Supreme Court, with the advice and consent of a majority of the justices of the Mississippi Supreme Court, may appoint a qualified person as a special judge to fill the vacancy until the Governor makes his appointment and such appointee has taken the oath of office.

(4) If the Chief Justice pursuant to this section shall make an appointment within the authority vested in the Governor by reason of Section 165, Mississippi Constitution of 1890, the Governor may at his election appoint a person to so serve. In the event that the Governor makes such an appointment, any appointment made by the Chief Justice pursuant to this section shall be void and of no further force or effect from the date of the Governor's appointment.

(5) When a judicial officer is unwilling or unable to hear a case or unable or unwilling to hold court for a period of time not to exceed two (2) weeks, the trial judge or judges of the affected district or county and other trial judges may agree among themselves regarding the appointment of a person for such case or such limited period of time. The trial judges shall submit a notice to the Chief Justice of the Supreme Court informing him of their appointment. If the Chief Justice does not appoint another person to serve as special judge within seven (7) days after receipt of such notice, the person designated in such order shall be deemed appointed.

(6) A person appointed to serve as a special judge may be any presently sitting or retired chancery, circuit or county court judge, Court of Appeals judge or Supreme Court Justice, or any other person possessing the qualifications of the judicial office for which the appointment is made; provided, however, that a judge or justice who was retired from service at the polls shall not be eligible for appointment as a special judge in the district in which he served prior to his defeat.

(7) Except as otherwise provided in subsection (2) of this section, the need for an appointment pursuant to this section may be certified to the Chief Justice of the Mississippi Supreme Court by any attorney in good standing or other officer of the court.

(8) The order appointing a person as a special judge pursuant to this section shall describe as specifically as possible the duration of the appointment.

(9) A special judge appointed pursuant to this section shall take the oath of office, if necessary, and shall, for the duration of his appointment, enjoy the full power and authority of the office to which he is appointed.

(10) Any presently sitting justice or judge appointed as a special judge under this section shall receive no additional compensation for his or her service as special judge. Any other person appointed as a special judge hereunder shall, for the period of his service, receive compensation from the state for each day's service a sum equal to 1/260 of the current salary in effect for the judicial office; provided, however, that no retired chancery, circuit or county court judge, retired Court of Appeals judge or any retired Supreme Court Justice appointed as a special judge pursuant to this section may, during any fiscal year, receive compensation in excess of twenty-five percent (25%) of the current salary in effect for a chancery or circuit court judge. Any person appointed as a special judge shall be reimbursed for travel expenses incurred in the performance of the official duties to which he may be appointed hereunder in the same manner as other public officials and employees as provided by Section 25-3-41, Mississippi Code of 1972.

(11) If any person appointed as such special judge is receiving retirement benefits by virtue of the provisions of the Public Employees' Retirement Law of 1952, appearing as Sections 25-11-1 through 25-11-139, Mississippi Code of 1972, such benefits shall not be reduced in any sum whatsoever because of such service, nor shall any sum be deducted as contributions toward retirement under said law.

(12) The Supreme Court shall have authority to prescribe rules and regulations reasonably necessary to implement and give effect to the provisions of this section.

(13) Nothing in this section shall abrogate the right of attorneys engaged in a case to agree upon a member of the bar to preside in a case pursuant to Section 165 of the Mississippi Constitution of 1890.

(14) The Supreme Court shall prepare the necessary payroll for special judges appointed pursuant to this section and shall submit such payroll to the Department of Finance and Administration.

(15) Special judges appointed pursuant to this section shall direct requests for reimbursement for travel expenses authorized pursuant to this section to the Supreme Court and the Supreme Court shall submit such requests to the Department of Finance and Administration. The Supreme Court shall have the power to adopt rules and regulations regarding the administration of travel expenses authorized pursuant to this section.

SECTION 3. 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 4. 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, or July 1, 2004, whichever occurs later.