MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary B; Appropriations
By: Representatives Bain, Horan, Arnold, Boyd, Carpenter, Steverson, Whittington
AN ACT TO AMEND SECTION 9-11-2, MISSISSIPPI CODE OF 1972, TO REVISE THE COUNTY POPULATION REQUIREMENTS FOR JUSTICE COURT JUDGES; TO CLARIFY THAT A REDUCTION IN THE NUMBER OF JUSTICE COURT JUDGES IS NOT AUTHORIZED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-11-2, Mississippi Code of 1972, is amended as follows:
9-11-2. (1) From and after January 1, 1984, there shall be a competent number of justice court judges in each county of the state. The number of justice court judges for each county shall be determined as follows:
(a) In counties with a
population, according to the latest federal decennial census, of * * *
forty
thousand (40,000) and less, there shall be two (2) justice court judges.
(b) In counties with a
population, according to the latest federal decennial census, of more than * * *
forty
thousand (40,000) and less than seventy thousand (70,000), there shall be
three (3) justice court judges.
(c) In counties with a population, according to the latest federal decennial census, of seventy thousand (70,000) and less than one hundred fifty thousand (150,000), there shall be four (4) justice court judges.
(d) In counties with a population, according to the latest federal decennial census, of one hundred fifty thousand (150,000) and more, there shall be five (5) justice court judges.
(2) The board of
supervisors shall establish single member election districts in the county for
the election of each of the justice court judges authorized and required to be
elected for the county under the provisions of subsection (1) of this section,
and one (1) justice court judge shall be elected for each district by the
electors thereof. In any county authorized and required under the provisions
of * * *
subsection (1)(a) of this section to provide for the election of two (2)
justice court judges for the county in which there are two (2) judicial
districts, the smaller of such judicial districts, according to population
based upon the latest federal decennial census, shall comprise or shall be
wholly encompassed within one (1) of such election districts.
(3) (a) Nothing in this section shall be construed to authorize or require more than five (5) justice court judges in any one (1) county from and after January 1, 1984, nor to authorize or require an increase or decrease in the number of justice court judges for any county during the term of office of any justice court judge.
(b) Nothing in this section shall be construed to authorize or require a county to reduce the number of justice court judges serving within its county as of June 30, 2014.
(4) Notwithstanding the foregoing provisions of this section, in any county whose justice court districts drawn pursuant to subsection (2) of this section are, on November 8, 1983, being controverted in a court action or being reviewed pursuant to the procedure established by the Voting Rights Act of 1965, as amended and extended, those justice court judges serving on such date shall continue to hold office until:
(a) A final adjudication of the court action or approval of the new districts pursuant to the Voting Rights Act; and
(b) The election and qualification of successors of such justice court judges as provided by law.
SECTION 2. This act shall take effect and be in force from and after July 1, 2014.