MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Judiciary, Division A
By: Senator(s) Ross
AN ACT TO ENACT REDISTRICTING OF THE CHANCERY AND CIRCUIT COURTS; TO AMEND SECTION 9-5-7, MISSISSIPPI CODE OF 1972, TO ADD A CHANCELLOR AND ELIMINATE RUNNING IN THE HERD IN THE FIRST CHANCERY COURT DISTRICT; TO AMEND SECTION 9-5-13, MISSISSIPPI CODE OF 1972, TO ELIMINATE RUNNING IN THE HERD IN THE THIRD CHANCERY COURT DISTRICT; TO AMEND SECTION 9-5-22, MISSISSIPPI CODE OF 1972, TO ELIMINATE RUNNING IN THE HERD IN THE SIXTH CHANCERY COURT DISTRICT; TO AMEND SECTION 9-5-25, MISSISSIPPI CODE OF 1972, TO ADD A CHANCELLOR TO THE SEVENTH CHANCERY COURT DISTRICT FOR THE TERM OF OFFICE COMMENCING IN 2011 AND TO PROHIBIT APPOINTMENT OF MASTERS AFTER THAT DATE; TO AMEND SECTION 9-5-36, MISSISSIPPI CODE OF 1972, TO ADD A CHANCELLOR TO THE TENTH CHANCERY COURT DISTRICT; TO AMEND SECTION 9-5-40, MISSISSIPPI CODE OF 1972, TO ELIMINATE RUNNING IN THE HERD IN THE TWELFTH CHANCERY COURT DISTRICT; TO AMEND SECTION 9-5-41, MISSISSIPPI CODE OF 1972, TO ELIMINATE RUNNING IN THE HERD IN THE THIRTEENTH CHANCERY COURT DISTRICT AND TO ADD A CHANCELLOR TO THAT DISTRICT; TO AMEND SECTION 9-5-54, MISSISSIPPI CODE OF 1972, TO ELIMINATE RUNNING IN THE HERD IN THE EIGHTEENTH CHANCERY COURT DISTRICT; TO AMEND SECTION 9-7-7, MISSISSIPPI CODE OF 1972, TO ELIMINATE RUNNING IN THE HERD IN THE FIRST CIRCUIT COURT DISTRICT AND TO ADD A JUDGE; TO AMEND SECTION 9-7-14, MISSISSIPPI CODE OF 1972, TO ELIMINATE RUNNING IN THE HERD IN THE THIRD CIRCUIT COURT DISTRICT AND TO ADD A JUDGE; TO AMEND SECTION 9-7-20, MISSISSIPPI CODE OF 1972, TO ELIMINATE RUNNING IN THE HERD IN THE FIFTH CIRCUIT COURT DISTRICT; TO AMEND SECTION 9-7-32, MISSISSIPPI CODE OF 1972, TO ELIMINATE RUNNING IN THE HERD IN THE TENTH CIRCUIT COURT DISTRICT; TO AMEND SECTION 9-7-39, MISSISSIPPI CODE OF 1972, TO ELIMINATE RUNNING IN THE HERD IN THE FOURTEENTH CIRCUIT COURT DISTRICT; TO AMEND SECTION 9-7-42, MISSISSIPPI CODE OF 1972, TO ELIMINATE RUNNING IN THE HERD IN THE FIFTEENTH CIRCUIT COURT DISTRICT; TO AMEND SECTION 9-7-44, MISSISSIPPI CODE OF 1972, TO ELIMINATE RUNNING IN THE HERD IN THE SIXTEENTH CIRCUIT COURT DISTRICT AND TO ADD A JUDGE FOR THE TERM OF OFFICE COMMENCING IN 2011; TO AMEND SECTION 9-7-46, MISSISSIPPI CODE OF 1972, TO ELIMINATE RUNNING IN THE HERD IN THE SEVENTEENTH CIRCUIT COURT DISTRICT AND TO ADD A JUDGE FOR THE TERM OF OFFICE COMMENCING IN 2011; TO AMEND SECTION 9-7-54, MISSISSIPPI CODE OF 1972, TO ELIMINATE RUNNING IN THE HERD IN THE TWENTIETH CIRCUIT COURT DISTRICT; TO AMEND SECTION 9-1-105, MISSISSIPPI CODE OF 1972, TO CLARIFY THE AUTHORITY OF THE CHIEF JUSTICE TO ASSIGN A SPECIAL JUDGE TO ASSIST A CHANCERY OR CIRCUIT COURT WITH A BACKLOG OF CASES; TO CLARIFY THAT CANDIDATES MAY QUALIFY AND RUN FOR NEW JUDICIAL POSITIONS IN THE IMMEDIATELY PRECEDING REGULAR JUDICIAL ELECTION; TO REPEAL SECTIONS 23-15-982, 23-15-983 AND 23-15-984, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE CALCULATION OF VOTE IN MULTIJUDGE DISTRICTS WHEREIN CANDIDATES RUN "IN THE HERD" AND THE NUMBER OF VOTES THAT MAY BE CAST BY EACH ELECTOR; AND FOR RELATED PURPOSES.
WHEREAS, it is the responsibility of the Legislature under Section 152 of the Mississippi Constitution of 1890 to divide the state into an appropriate number of circuit court districts and chancery court districts; and
WHEREAS, the Legislature has thoroughly investigated the state of the trial courts and trial court districts and has considered the needs of the state according to all the criteria imposed by the Constitution and by general law; NOW THEREFORE,
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-5-7, Mississippi Code of 1972, is amended as follows:
9-5-7. (1) There shall be four (4) chancellors for the First 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." The chancellor to fill Place One shall be a resident of Alcorn, Prentiss or Tishomingo County. The chancellors to fill Place Two and Place Three shall be a resident of Itawamba, Lee, Monroe, Pontotoc or Union County. The chancellor to fill Place Four shall be a resident of any county in the district. Election of the four (4) offices of chancellor shall be by election to be held in every county within the First Chancery Court District of Mississippi.
SECTION 2. Section 9-5-13, Mississippi Code of 1972, is amended as follows:
9-5-13. (1) There shall be three (3) chancellors for the Third Chancery Court District.
(2) (a) 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.
(b) For purposes of appointment and election, the three (3) chancellorships shall be separate and distinct. The chancellorship in Subdistrict 3-1 shall be denominated only as "Place One," and the chancellorships in Subdistrict 3-2 shall be denominated only as "Place Two" and "Place Three."
SECTION 3. Section 9-5-22, Mississippi Code of 1972, is amended as follows:
9-5-22. (1) There shall be two (2) chancellors for the Sixth Chancery Court District.
(2) 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 4. Section 9-5-25, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2011, this section shall read 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.
[From and after January 1, 2011, this section shall read as follows:]
9-5-25. (1) There shall be three (3) chancellors for the Seventh Chancery Court District. The three (3) chancellorships shall be separate and distinct. One (1) chancellor shall be elected from * * * Subdistrict 7-1 and shall be denominated for purposes of appointment and election only as "Place One," and two (2) chancellors shall be elected from Subdistrict 7-2 and shall be denominated for purposes of appointment and election only as "Place Two" and "Place Three."
(2) Chancellors in the Seventh Chancery Court District shall not have the power to name a special master or family master.
SECTION 5. Section 9-5-36, Mississippi Code of 1972, is amended as follows:
9-5-36. (1) There shall be four (4) chancellors for the Tenth 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." * * * The chancellor to fill Place One and Place Four shall be a resident of any county in the district. 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 four (4) offices of chancellor shall be by election to be held in every county within the Tenth Chancery Court District of Mississippi.
SECTION 6. Section 9-5-40, Mississippi Code of 1972, is amended as follows:
9-5-40. (1) There shall be two (2) judges for the Twelfth Chancery Court District.
(2) 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 7. Section 9-5-41, Mississippi Code of 1972, is amended as follows:
9-5-41. (1) The Thirteenth Chancery Court District shall be comprised of the following counties:
(a) Covington County;
(b) Jefferson Davis County;
(c) Lawrence County;
(d) Simpson County; and
(e) Smith County.
(2) There shall be two (2) chancellors for the Thirteenth 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 8. Section 9-5-54, Mississippi Code of 1972, is amended as follows:
9-5-54. (1) There shall be two (2) chancellors for the Eighteenth Chancery Court District.
(2) 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 9. Section 9-7-7, Mississippi Code of 1972, is amended as follows:
9-7-7. (1) There shall be four (4) judges for the First Circuit Court District.
(2) For 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." The judge to fill Place One shall be a resident of Alcorn, Prentiss or Tishomingo County. The judges to fill Place Two and Place Three shall be a resident of Itawamba, Lee, Monroe or Pontotoc County. The judge to fill Place Four shall be a resident of any county in the district. Election of the four (4) offices of judge shall be by election to be held in every county within the First Circuit Court District.
SECTION 10. Section 9-7-14, Mississippi Code of 1972, is amended as follows:
9-7-14. (1) There shall be three (3) circuit judges for the Third Circuit Court District.
(2) For 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." The judge to fill "Place One" shall be a resident of Calhoun, Chickasaw, Lafayette or Union Counties. The judge to fill "Place Two" shall be a resident of Benton, Marshall or Tippah County. The judge to fill "Place Three" shall be a resident of any county in the district.
SECTION 11. Section 9-7-20, Mississippi Code of 1972, is amended as follows:
9-7-20. (1) There shall be two (2) judges for the Fifth Circuit Court District.
(2) 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 12. Section 9-7-32, Mississippi Code of 1972, is amended as follows:
9-7-32. (1) There shall be two (2) judges for the Tenth Circuit Court District.
(2) 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 13. Section 9-7-39, Mississippi Code of 1972, is amended 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
(c) Walthall County.
(2) (a) There shall be two (2) judges for the Fourteenth Circuit Court District.
(b) 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 14. Section 9-7-42, Mississippi Code of 1972, is amended as follows:
9-7-42. (1) There shall be two (2) judges for the Fifteenth Circuit Court District.
(2) 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 15. Section 9-7-44, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2011, this section shall read as follows:]
9-7-44. (1) There shall be two (2) judges for the Sixteenth Circuit Court District.
(2) 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."
[From and after January 1, 2011, this section shall read as follows:]
9-7-44. (1) There shall be three (3) judges for the Sixteenth Circuit Court District.
(2) For 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." The judge to fill Place One shall be a resident of Lowndes County. The judge to fill Place Two shall be a resident of Oktibbeha County. The judge to fill Place Three shall be a resident of either Clay or Noxubee County. Election of the three (3) offices of judge shall be by election to be held in every county within the Sixteenth Circuit Court District.
SECTION 16. Section 9-7-46, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2011, this section shall read 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. For purposes of appointment and election, the three (3) judgeships shall be separate and distinct. The two (2) judgeships in Subdistrict 17-2 shall be denominated as "Place One" and "Place Two," and the judgeship in Subdistrict 17-1 shall be denominated as "Place Three."
[From and after January 1, 2011, this section shall read as follows:]
9-7-46. (1) There shall be four (4) circuit judges for the Seventeenth Circuit Court District.
(2) For the purpose of appointment and election, the four (4) judgeships shall be separate and distinct, and one (1) judge shall be elected from Subdistrict 17-1, two (2) judges shall be elected from Subdistrict 17-2, and one (1) judge shall be elected from every county in the district. The two (2) judgeships in Subdistrict 17-2 shall be denominated as "Place One" and "Place Two," the judgeship in Subdistrict 17-1 shall be denominated as "Place Three," and the at-large judgeship shall be denominated as "Place Four."
SECTION 17. Section 9-7-54, Mississippi Code of 1972, is amended as follows:
9-7-54. (1) There shall be two (2) judges for the Twentieth Circuit Court District.
(2) 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 18. 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 the request of the Chief Judge of the Court of Appeals or the senior judge of a chancery or circuit court district, or upon his own motion, 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 a special judge to serve on a temporary basis in a circuit or chancery court in the event of an emergency or overcrowded docket. 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 for whatever period of time is designated by the Chief Justice.
(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 currently 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 currently 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 19. The candidates for any new judgeships or chancellorships created under this act shall be entitled to run for those offices in the judicial election prior to the commencement of the initial term of the new judgeship or chancellorship.
SECTION 20. Sections 23-15-982, 23-15-983 and 23-15-984, Mississippi Code of 1972, which provide for the calculation of the vote in multijudge districts in which candidates run "in the herd" and the number of votes that may be cast by each elector, are repealed.
SECTION 21. 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 22. This act shall take effect and be in force from and after January 1, 2007, provided it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.