MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Judiciary B

By: Representative Calhoun (By Request)

House Bill 725

AN ACT TO CREATE THE MISSISSIPPI COURT CORRUPTION ACT; TO PROHIBIT CERTAIN ACTS BY JUDGES, PROSECUTORS AND ATTORNEYS; TO PROVIDE PENALTIES FOR VIOLATIONS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  This act shall be known and may be cited as the Mississippi Court Corruption Act.

     SECTION 2.  Any judge, prosecutor or attorney who deprives any person of their constitutional and civil rights, who is found guilty of false pretense, who abuses or exceeds their judicial power, who is guilty of improper courtroom decorum or who engages in unethical conduct shall, in addition to any other offense, be guilty of a violation of this act and shall, upon conviction, be fined Five Thousand Dollars ($5,000.00).  In addition to such fine the person shall be suspended from the practice of law for ninety (90) days for a first offense and shall be suspended from the practice of law for one (1) year for a second or subsequent offense.  A party with legal standing may petition the court and The Mississippi Bar to disbar a violator for up to five (5) years if the actions of the violator are found to be acts of malice.

     SECTION 3.  No judge shall issue any ruling on a legal matter without conducting a fair hearing which allows all interested parties to participate.  A violation of this section shall be subject to the penalties provided in Section 2 of this act.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2011.