Senate Bill 2788

AN ACT TO CREATE NEW SECTION 9-19-2, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERM "JUDGE" WITHIN THE CHAPTER OF LAW THAT ESTABLISHES THE COMMISSION ON JUDICIAL PERFORMANCE; TO AMEND SECTION 9-19-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A MEMBER OF THE COMMISSION FILES A COMPLAINT, HE OR SHE SHALL BE DISQUALIFIED AS TO THAT COMPLAINT; TO AMEND SECTION 9-19-21, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSION ON JUDICIAL PERFORMANCE TO COMPEL RECORDS WITHIN THE MISSISSIPPI YOUTH COURT INFORMATION DELIVERY SYSTEM; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 9-19-2, Mississippi Code of 1972:

9-19-2. For the purposes of this chapter, the term "judge" includes, but is not limited to, any person, whether or not an attorney, who performs judicial functions, including a trial court judge, appellate court judge, magistrate, court commissioner, special master or referee, arbitrator or a hearing officer.

SECTION 2. Section 9-19-9, Mississippi Code of 1972, is amended as follows:

9-19-9. If a complaint is filed against a member of the commission or if a member of the commission files a complaint, he or she shall be disqualified as to that complaint.

SECTION 3. Section 9-19-21, Mississippi Code of 1972, is amended as follows:

9-19-21. (1) The commission shall be entitled to compel by subpoena the attendance and testimony of witnesses, including the judge as witness, and to provide for the inspection of documents, books, accounts and other records, including, but not limited to, records included within the Mississippi Youth Court Information Delivery System or any successor youth court record system.

(2) If the commission, after investigation of a complaint, determines that there is sufficient evidence to warrant a hearing to determine whether or not there has been a violation under Section 177A, Mississippi Constitution of 1890, the commission may employ counsel to prepare and present the complaint to the commission, a committee of the commission members, alternates and other appointed individuals, its master or its factfinder, and to represent the commission before the supreme court.

(3) The commission shall make transcripts of all hearings that are conducted under subsection (2) of this section. Such transcripts shall serve as a record in proceedings before the supreme court.

(4) On request of the speaker of the house of representatives, the president of the senate or the governor, the commission shall make available information for use in consideration of impeachment or recall election, respectively.

(5) No records pertaining to complaints determined by the commission to be outside its jurisdiction shall be retained over twelve (12) months after such determination by the commission.

SECTION 4. This act shall take effect and be in force from and after July 1, 2025.