Withdrawn

SUBSTITUTE NO 1 FOR AMENDMENT NO 2 PROPOSED TO

House Bill No. 1490

BY: Representative Bain

     AMEND after the enacting clause by inserting the following and renumbering the succeeding sections:

     "SECTION 1.  Section 9-7-5, Mississippi Code of 1972, is amended as follows:

     9-7-5.  The First Circuit Court District is composed of the following counties:

          (a)  Alcorn County;

 * * *(b)  Itawamba County;

(c)  Lee County;

(d)  Monroe County;

(e)  Pontotoc County;

          ( * * *fb)  Prentiss County; and

          ( * * *gc)  Tishomingo County.

     SECTION 2.  Section 9-7-7, Mississippi Code of 1972, is amended as follows:

     9-7-7.  (1)  There shall be * * *four (4) two (2) judges for the First Circuit Court District.

     (2)  The * * *four (4) two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One * * *," and "Place Two * * *," "Place Three" and "Place Four."  "Place One" and "Place Two" judges may reside in any county within the district.

(3)  The judges for the First Circuit Court District as it is reconstituted on July 1, 2020, shall be as follows:

(a)  The judge to fill Place One * * *must reside in Alcorn, Prentiss or Tishomingo County shall be the judge who was elected to the office of circuit judge in the "Place One" position in the First Circuit Court District in the November 2018 judicial election, and has not left office or been removed.  If such judge leaves office or is removed, the vacancy shall be filled as provided by Section 23-15-849.

 * * * The judges to fill Place Two and Place Three must reside in Itawamba, Lee, Monroe or Pontotoc County.  The judge to fill Place Four may 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.

(b)  The vacancy created by virtue of this act in the Place Two position shall be filled as provided in Section 23-15-849, and the person so appointed shall serve until his or her successor is elected in the November 2022 judicial election.

     SECTION 3. The following shall be codified as Section 9-7-59, Mississippi Code of 1972:

9-7-59.  (1)  The Twenty-fourth Circuit Court District is composed of the following counties:

          (a)  Itawamba County;

          (b)  Lee County;

          (c)  Monroe County; and

          (d)  Pontotoc County.

     (2)  There shall be three (3) judges for the Twenty-fourth Circuit Court District.  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."

     (3)  The judges for the Twenty-fourth Circuit Court District as it is created on July 1, 2020, shall be as follows:

          (a)  The initial holder of Place One must be that judge who was elected to the office of circuit judge of the First Circuit Court District in the November 2018 judicial election in the "Place Two" position, if the judge remains a resident of Itawamba, Lee, Monroe or Pontotoc County and has not left office or been removed.  If the judge does not remain a resident of Lee, Itawamba, Monroe or Pontotoc County, does leave office or is removed, the vacancy must be filled as provided by Section 23-15-849.

          (b)  The initial holder of "Place Two" must be that judge who was elected to the office of circuit judge of the First Circuit Court District in the November 2018 judicial election in the "Place Three" position, if the judge remains a resident of Lee, Itawamba, Monroe or Pontotoc County and has not left office or been removed.  If the judge does not remain a resident of Lee, Itawamba, Monroe or Pontotoc County, does leave office or is removed, the vacancy must be filled as provided by Section 23-15-849.

          (c)  The initial holder of "Place Three" must be that judge who was elected to the office of circuit judge of the First Circuit Court District in the November 2018 judicial election in the "Place Four" position, if the judge remains a resident of Lee, Itawamba, Monroe or Pontotoc County and has not left office or been removed.  If the judge does not remain a resident of Lee, Itawamba, Monroe or Pontotoc County, does leave office or is removed, the vacancy must be filled as provided by Section 23-15-849.

SECTION 4.  (1)  The office of district attorney created by virtue of this act for the Twenty-fourth Circuit Court District shall be initially filled by the district attorney representing Itawamba, Lee, Monroe and Pontotoc Counties as of the effective date of this act, and such person shall remain in the position of district attorney until his or her successor is elected in the November 2023 general election.  If such district attorney is removed or otherwise vacates the office, the vacancy shall be filled as provided in Section 23-15-843.

(2)  The vacancy created by virtue of this act for the office of district attorney for the First Circuit Court District shall be filled as provided in Section 23-15-843, and such person shall remain in the position of district attorney until his or her successor is elected in the November 2023 general election.

     (3) The judge serving as the intervention court judge for counties comprising the First Circuit Court District as of January 1, 2020, may, with the approval of the Administrative Office of Courts, continue to serve as the intervention court judge for any county for which the judge serves as of January 1, 2020, until January 1, 2025.  This provision shall be supplemental to the provisions of law that regulate intervention courts."

     AMEND FURTHER by adding assistant district attorneys to Section 25-31-5 to conform.

     AMEND FURTHER by adding a criminal investigator to Section 25-31-10 to conform.

     AMEND TITLE TO CONFORM

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