Bill Text: MS HB1256 | 2017 | Regular Session | Introduced
Bill Title: Justice court judges; revise position of to make nonpartisan and part-time.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2017-01-31 - Died In Committee [HB1256 Detail]
Download: Mississippi-2017-HB1256-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Judiciary A
By: Representatives Sanford, Tullos
House Bill 1256
AN ACT TO AMEND SECTION 23-15-975, MISSISSIPPI CODE OF 1972, TO INCLUDE JUSTICE COURT JUDGES IN THE "NONPARTISAN JUDICIAL ELECTION ACT"; TO AMEND SECTION 23-15-1015, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT JUSTICE COURT JUDGES SHALL BE ELECTED AT THE SAME TIME AS CIRCUIT COURT JUDGES AND CHANCELLORS; TO AMEND SECTIONS 23-15-1011 AND 23-15-197, MISSISSIPPI CODE OF 1972, TO PROVIDE THE TIME FOR HOLDING AN ELECTION FOR THE OFFICE OF JUSTICE COURT JUDGE; TO AMEND SECTIONS 23-15-833 AND 23-15-849, MISSISSIPPI CODE OF 1972, TO PROVIDE THE PROCEDURE FOR FILLING A VACANCY IN THE OFFICE OF JUSTICE COURT JUDGE; TO AMEND SECTION 23-15-977, MISSISSIPPI CODE OF 1972, TO PROVIDE THE QUALIFYING FEE FOR ELECTION TO THE OFFICE OF JUSTICE COURT JUDGE; TO AMEND SECTIONS 9-11-2, 23-15-297, 23-15-359, 23-15-973, 23-15-193, 23-15-1021 AND 9-11-3, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTIONS 23-15-601, 9-11-31 AND 23-15-953, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-975, Mississippi Code of 1972, is amended as follows:
23-15-975. As used in Sections 23-15-974 through 23-15-985 of this subarticle, the term "judicial office" includes the office of justice of the Supreme Court, judge of the Court of Appeals, circuit judge, chancellor, justice court judge, county court judge and family court judge. Except for justice court judges, all such justices and judges shall be full-time positions and such justices and judges shall not engage in the practice of law before any court, administrative agency or other judicial or quasi-judicial forum except as provided by law for finalizing pending cases after election to judicial office. The position of justice court judge shall be a part-time position, and persons elected to that position may still practice law before any court, administrative agency or other judicial or quasi-judicial forum.
SECTION 2. Section 23-15-1015, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2020, this section shall read as follows:]
23-15-1015. On Tuesday after the first Monday in November 1986, and every four (4) years thereafter and concurrently with the election for representatives in Congress, there shall be held an election in every county for judges of the several circuit and chancery court districts. The laws regulating the general elections shall, except as otherwise provided for in Sections 23-15-974 through 23-15-985, apply to and govern elections of judges of the circuit and chancery courts.
[From and after January 1, 2020, this section shall read as follows:]
23-15-1015. On Tuesday
after the first Monday in November 1986, and every four (4) years thereafter
and concurrently with the election for representatives in Congress, there shall
be held an election in every county for judges of the several circuit * * *, chancery and justice court
districts. The laws regulating the general elections shall, except as
otherwise provided for in Sections 23-15-974 through 23-15-985, apply to and
govern elections of judges of the circuit * * *, chancery and justice courts.
SECTION 3. Section 23-15-1011, Mississippi Code of 1972, is amended as follows:
23-15-1011. Circuit court
judges * * *,
chancery court judges and justice court judges so elected shall take
office at the time, and hold office for the term, provided in Sections 9-5-1 * * *, 9-7-1 and 9-11-2 * * *.
SECTION 4. Section 23-15-197, Mississippi Code of 1972, is amended as follows:
23-15-197. (1) Times for holding primary and general elections for congressional offices shall be as prescribed in Sections 23-15-1031, 23-15-1033 and 23-15-1041.
(2) Times for holding elections for the office of judge of the Supreme Court shall be as prescribed in Section 23-15-991 and Sections 23-15-974 through 23-15-985.
(3) Times for holding
elections for the office of circuit court judge * * *, the office of chancery court judge and
the office of justice court judge shall be as prescribed in Sections 23-15-974
through 23-15-985, and Section 23-15-1015.
(4) Times for holding elections for the office of county election commissioners shall be as prescribed in Section 23-15-213.
SECTION 5. Section 23-15-833, Mississippi Code of 1972, is amended as follows:
23-15-833. Except as
otherwise provided by law, the first Tuesday after the first Monday in November
of each year shall be designated the regular special election day, and on that
day an election shall be held to fill any vacancy in county, county district,
and district attorney elective offices, and any vacancy in the office of
circuit judge * * *,
chancellor or justice court judge.
All special elections, or
elections to fill vacancies, shall in all respects be held, conducted and
returned in the same manner as general elections, except that where no
candidate receives a majority of the votes cast in such election, then a runoff
election shall be held three (3) weeks after * * * the election and the two (2)
candidates who receive the highest popular votes for * * * the office shall have their names
submitted as * * *
the candidates to the * * * runoff and the candidate who leads in such
runoff election shall be elected to the office. When there is a tie in the
first election of those receiving the next highest vote, these two (2) and the
one receiving the highest vote, none having received a majority, shall go into
the runoff election and whoever leads in * * * the runoff election shall be
entitled to the office.
In those years when the regular special election day shall occur on the same day as the general election, the names of candidates in any special election and the general election shall be placed on the same ballot, but shall be clearly distinguished as general election candidates or special election candidates.
At any time a special election is held on the same day as a party primary election, the names of the candidates in the special election may be placed on the same ballot, but shall be clearly distinguished as special election candidates or primary election candidates.
SECTION 6. Section 23-15-849, Mississippi Code of 1972, is amended as follows:
23-15-849. (1) Vacancies
in the office of circuit judge * * *, chancellor or justice court judge
shall be filled for the unexpired term by the qualified electors at the next
regular special election occurring more than nine (9) months after the
existence of the vacancy to be filled, and the term of office of the person
elected to fill a vacancy shall commence on the first Monday in January
following his or her election. Upon the occurring of such a vacancy,
the Governor shall appoint a qualified person from the district in which the
vacancy exists to hold the office and discharge the duties * * * of the office until the vacancy
shall be filled by election as provided in this subsection.
(2) (a) If half or more than half of the term remains, vacancies in the office of judge of the Supreme Court or Court of Appeals shall be filled for the unexpired term by the qualified electors at the next regular election for state officers or for representatives in Congress occurring more than nine (9) months after the existence of the vacancy to be filled, and the term of office of the person elected to fill a vacancy shall commence on the first Monday in January following his election. If less than half of the term remains, vacancies in the office of judge of the Supreme Court or Court of Appeals shall be filled for the remaining unexpired term solely by appointment as provided in this subsection.
(b) Upon occurrence of
a vacancy, the Governor shall appoint a qualified person from the district in
which the vacancy exists to hold the office and discharge the duties * * * of the office as follows:
(i) If less than half of the term remains, the appointee shall serve until expiration of the term;
(ii) If half or
more than half of the term remains, the appointee shall serve until the vacancy
shall be filled by election as provided in subsection (1) of this section for
judges of the circuit * * *, chancery and justice courts.
Elections to fill vacancies in the office of judge of the Supreme Court or
Court of Appeals shall be held, conducted, returned and the persons elected
commissioned in accordance with the law governing regular elections for judges
of the Supreme Court or Court of Appeals insofar as they may be applicable.
(c) This subsection (2) shall apply to all gubernatorial appointees to the Supreme Court or Court of Appeals who have not stood for special election as of July 2, 2002, as if Laws of 2002, Chapter 586, were in full force and effect on the day of each of their appointments.
SECTION 7. Section 23-15-977, Mississippi Code of 1972, is amended as follows:
23-15-977. (1) Except as
otherwise provided in this section, all candidates for judicial office as
defined in Section 23-15-975 of this * * * subsection shall file their
intent to be a candidate with the proper officials not later than 5:00 p.m. on
the first Friday after the first Monday in May * * * before the general election for
judicial office and shall pay to the proper officials the following amounts:
(a) Candidates for Supreme Court judge and Court of Appeals, the sum of Two Hundred Dollars ($200.00).
(b) Candidates for circuit judge and chancellor, the sum of One Hundred Dollars ($100.00).
(c) Candidates for
county judge * * *,
family court judge and justice court judge, the sum of Fifteen Dollars
($15.00).
Candidates for judicial office may not file their intent to be a candidate and pay the proper assessment before January 1 of the year in which the election for the judicial office is held.
(2) Candidates for judicial offices listed in paragraphs (a) and (b) of subsection (1) of this section shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the State Board of Election Commissioners.
(3) Candidates for judicial
offices listed in paragraph (c) of subsection (1) of this section shall file
their intent to be a candidate with, and pay the proper assessment made
pursuant to subsection (1) of this section to, the circuit clerk of the proper
county. The circuit clerk shall notify the county election commissioners * * * of all persons who have filed their
intent to be a candidate with, and paid the proper assessment to, * * * the clerk. * * * The notification shall occur within
two (2) business days and shall contain all necessary information.
(4) If only one (1) person files his or her intent to be a candidate for a judicial office and that person subsequently dies, resigns or is otherwise disqualified from holding the judicial office after the deadline provided for in subsection (1) of this section but more than seventy (70) days before the date of the general election, the Governor, upon notification of the death, resignation or disqualification of the person, shall issue a proclamation authorizing candidates to file their intent to be a candidate for that judicial office for a period of not less than seven (7) nor more than ten (10) days from the date of the proclamation.
(5) If only one (1) person qualifies as a candidate for a judicial office and that person subsequently dies, resigns or is otherwise disqualified from holding the judicial office within seventy (70) days before the date of the general election, the judicial office shall be considered vacant for the new term and the vacancy shall be filled as provided in by law.
SECTION 8. 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 thirty-five thousand (35,000) and less, there shall be two (2) justice court judges unless the board of supervisors, by resolution duly spread upon its minutes, finds that one (1) justice court judge is a competent number to adequately handle the needs of the citizens of the county.
(b) In counties with a population, according to the latest federal decennial census, of more than thirty-five thousand (35,000) and less than seventy thousand (70,000), there shall be three (3) justice court judges, unless the board of supervisors, by resolution duly spread upon its minutes, finds that two (2) is a competent number of justice court judges to adequately handle the needs of the citizens of the county.
(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, unless the board of supervisors, by resolution duly spread upon its minutes, finds that three (3) is a competent number of justice court judges to adequately handle the needs of the citizens of the county.
(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, unless the board of supervisors, by resolution duly spread upon its minutes, finds that four (4) is a competent number of justice court judges to adequately handle the needs of the citizens of the county.
(2) The board of
supervisors shall establish single member election districts in the county for
the nonpartisan 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 of each district. 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 * * * the 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 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 decrease the number of justice court judge positions in the county as of June 30, 2014.
SECTION 9. Section 23-15-297, Mississippi Code of 1972, is amended as follows:
23-15-297. All candidates upon entering the race for party nominations for office shall first pay to the proper officer as provided for in Section 23-15-299 for each primary election and all independent candidates and special election candidates shall pay to the proper officer as provided for in Section 23-15-299 the following amounts:
(a) Candidates for Governor, One Thousand Dollars ($1,000.00).
(b) Candidates for Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, Auditor of Public Accounts, Commissioner of Insurance, Commissioner of Agriculture and Commerce, State Highway Commissioner and State Public Service Commissioner, Five Hundred Dollars ($500.00).
(c) Candidates for district attorney, State Senator and State Representative, Two Hundred Fifty Dollars ($250.00).
(d) Candidates for sheriff, chancery clerk, circuit clerk, tax assessor, tax collector, county attorney, county superintendent of education and board of supervisors, One Hundred Dollars ($100.00).
(e) Candidates for
county surveyor, county coroner * * * and constable, One Hundred Dollars ($100.00).
(f) Candidates for United States Senator, One Thousand Dollars ($1,000.00).
(g) Candidates for United States Representative, Five Hundred Dollars ($500.00).
SECTION 10. Section 23-15-359, Mississippi Code of 1972, is amended as follows:
23-15-359. (1) Except as provided in this section, the ballot shall contain the names of all party nominees certified by the appropriate executive committee, and independent and special election candidates who have timely filed petitions containing the required signatures and assessments that must be paid pursuant to Section 23-15-297. A petition requesting that an independent or special election candidate's name be placed on the ballot for any office shall be filed as provided for in subsection (3) or (4) of this section, as appropriate, and shall be signed by not less than the following number of qualified electors:
(a) For an office elected by the state at large, not less than one thousand (1,000) qualified electors.
(b) For an office elected by the qualified electors of a Supreme Court district, not less than three hundred (300) qualified electors.
(c) For an office elected by the qualified electors of a congressional district, not less than two hundred (200) qualified electors.
(d) For an office elected by the qualified electors of a circuit or chancery court district, not less than one hundred (100) qualified electors.
(e) For an office elected by the qualified electors of a senatorial or representative district, not less than fifty (50) qualified electors.
(f) For an office elected by the qualified electors of a county, not less than fifty (50) qualified electors.
(g) For an office elected by the qualified electors of a supervisors district or justice court district, not less than fifteen (15) qualified electors.
(h) For the Office of President of the United States, a party nominee or independent candidate shall pay an assessment in the amount of Two Thousand Five Hundred Dollars ($2,500.00).
(2) (a) Unless the
petition or fee, whichever is applicable, required above shall be filed as
provided for in subsection (3), (4) or (5) of this section, as appropriate, the
name of the person requested to be a candidate, unless nominated by a political
party, shall not be placed upon the ballot. The ballot shall contain the names
of each candidate for each office, and * * * the names shall be listed under the
name of the political party * * * the candidate represents as
provided by law and as certified to the circuit clerk by the state executive
committee of such political party. In the event * * * the candidate qualifies as an
independent as provided in this section, he or she shall be listed on
the ballot as an independent candidate.
(b) The name of an independent or special election candidate who dies before the printing of the ballots, shall not be placed on the ballots.
(3) Petitions for offices
described in paragraphs (a), (b), (c), (d) and (e) of subsection (1) of this
section shall be filed with the Secretary of State by no later than 5:00 p.m.
on the same date by which candidates are required to pay the fee provided for in
Section 23-15-297 * * *; however, no petition may be filed before
January 1 of the year in which the election for the office is held.
(4) Petitions for offices
described in paragraphs (f) and (g) of subsection (1) of this section shall be
filed with the proper circuit clerk by no later than 5:00 p.m. on the same date
by which candidates are required to pay the fee provided for in Section 23-15-297;
however, no petition may be filed before January 1 of the year in which the
election for the office is held. The circuit clerk shall notify the county election
commissioners * * * of all persons who have filed petitions with * * * the clerk. * * * The notification shall occur within
two (2) business days and shall contain all necessary information.
(5) The assessment for the office described in paragraph (h) of subsection (1) of this section shall be paid to the Secretary of State. The Secretary of State shall deposit any qualifying fees received from candidates into the Elections Support Fund established in Section 23-15-5.
(6) The commissioners may
also have printed upon the ballot any local issue election matter that is
authorized to be held on the same date as the regular or general election
pursuant to Section 23-15-375; however, the ballot form of such local issue
must be filed with the election commissioners * * * by the appropriate governing
authority not less than sixty (60) days * * * before the date of the
election.
(7) The provisions of this section shall not apply to municipal elections or to the election of the offices of justice of the Supreme Court, judge of the Court of Appeals, circuit judge, chancellor, justice court judge, county court judge and family court judge.
(8) Nothing in this section shall prohibit special elections to fill vacancies in either house of the Legislature from being held as provided in Section 23-15-851. In all elections conducted under the provisions of Section 23-15-851, there shall be printed on the ballot the name of any candidate who, not having been nominated by a political party, shall have been requested to be a candidate for any office by a petition filed with the Secretary of State and signed by not less than fifty (50) qualified electors.
(9) The appropriate
election commission shall determine whether each candidate is a qualified
elector of the state, state district, county or county district they seek to
serve, and whether each candidate meets all other qualifications to hold the
office he or she is seeking or presents absolute proof that he or she
will, subject to no contingencies, meet all qualifications on or before the
date of the general or special election at which he or she could be elected to
office. The election commission shall determine whether the candidate has
taken the steps necessary to qualify for more than one (1) office at the
election. The election commission also shall determine whether any candidate
has been convicted of any felony in a court of this state, or has been
convicted on or after December 8, 1992, of any offense in another state which
is a felony under the laws of this state, or has been convicted of any felony
in a federal court on or after December 8, 1992. Excepted from the above are
convictions of manslaughter and violations of the United States Internal
Revenue Code or any violations of the tax laws of this state, unless the
offense also involved misuse or abuse of his or her office or money
coming into his or her hands by virtue of * * * the office. If the appropriate
election commission finds that a candidate either (a) is not a qualified
elector, (b) does not meet all qualifications to hold the office he or she
seeks and fails to provide absolute proof, subject to no contingencies, that he
or she will meet the qualifications on or before the date of the general or
special election at which he or she could be elected, or (c) has been convicted
of a felony as described in this subsection, and not pardoned, then the name of
such candidate shall not be placed upon the ballot. If the appropriate
election commission determines that the candidate has taken the steps necessary
to qualify for more than one (1) office at the election, the action required by
Section 23-15-905, shall be taken.
(10) If after the deadline
to qualify as a candidate for an office or after the time for holding any party
primary for an office, there shall be only one (1) person who has duly
qualified to be a candidate for the office in the general election, the name of * * * that person shall be placed on the
ballot; provided, however, that if there shall be not more than one (1) person
duly qualified to be a candidate for each office on the general election
ballot, the election for all offices on the ballot shall be dispensed with and
the appropriate election commission shall declare each candidate elected
without opposition if the candidate meets all the qualifications to hold the
office as determined pursuant to a review by the commission in accordance with
the provisions of subsection (9) of this section and if the candidate has filed
all required campaign finance disclosure reports as required by Section 23-15-807.
(11) The petition required by this section may not be filed by using the Internet.
SECTION 11. Section 23-15-973, Mississippi Code of 1972, is amended as follows:
23-15-973. It shall be the
duty of the judges of the circuit court to give a reasonable time and
opportunity to the candidates for the office of judge of the Supreme Court,
judges of the Court of Appeals, circuit judge * * *, chancellor and justice court judge
to address the people during court terms. In order to give further and every
possible emphasis to the fact that the * * * judicial offices are not political but are
to be held without favor and with absolute impartiality as to all persons, and
because of the jurisdiction conferred upon the courts by this chapter, the
judges * * *
of those offices should be as far removed as possible from any political
affiliations or obligations. It shall be unlawful for any candidate for any of
the offices mentioned in this section to align himself or herself with
any candidate or candidates for any other office or with any political faction
or any political party at any time during any primary or general election
campaign. Likewise it shall be unlawful for any candidate for any other office
nominated or to be nominated at any primary election, wherein any candidate for
any of the judicial offices in this section mentioned, is or are to be nominated,
to align himself or herself with any one or more of the candidates for * * * the offices or to take any part
whatever in any nomination for any one or more of * * * the judicial offices, except to
cast his or her individual vote. Any candidate for any office, whether
nominated with or without opposition, at any primary wherein a candidate for
any one (1) of the judicial offices herein mentioned is to be nominated who
shall deliberately, knowingly and willfully violate the provisions of this
section shall forfeit his or her nomination, or if elected at the
following general election by virtue of * * * the nomination, his or her
election shall be void.
SECTION 12. Section 23-15-193, Mississippi Code of 1972, is amended as follows:
23-15-193. [Until January 1, 2020, this section shall read as follows:]
At the election in * * * 2019, and every four (4) years
thereafter, there shall be elected a Governor, Lieutenant Governor, Secretary
of State, Auditor of Public Accounts, State Treasurer, Attorney General, three
(3) public service commissioners, three (3) Mississippi Transportation
Commissioners, Commissioner of Insurance, Commissioner of Agriculture and
Commerce, Senators and members of the House of Representatives in the Legislature,
district attorneys for the several districts, clerks of the circuit and
chancery courts of the several counties, as well as sheriffs, coroners,
assessors, surveyors and members of the boards of supervisors, justice court
judges and constables, and all other officers to be elected by the people at
the general state election. All such officers shall hold their offices for a
term of four (4) years, and until their successors are elected and qualified except
for justice court judges, who shall hold their office for a term of three (3)
years. The state officers shall be elected in the manner prescribed in
Section 140 of the Constitution.
[From and after January 1, 2020, this section shall read as follows:]
At the election in * * * 2023, and every four (4) years
thereafter, there shall be elected a Governor, Lieutenant Governor, Secretary
of State, Auditor of Public Accounts, State Treasurer, Attorney General, three
(3) public service commissioners, three (3) Mississippi Transportation
Commissioners, Commissioner of Insurance, Commissioner of Agriculture and
Commerce, Senators and members of the House of Representatives in the
Legislature, district attorneys for the several districts, clerks of the
circuit and chancery courts of the several counties, as well as sheriffs,
coroners, assessors, surveyors and members of the boards of supervisors, * * *constables, and all
other officers to be elected by the people at the general state election. All
such officers shall hold their offices for a term of four (4) years, and until
their successors are elected and qualified. The state officers shall be
elected in the manner prescribed in Section 140 of the Constitution.
SECTION 13. Section 23-15-1021, Mississippi Code of 1972, is amended as follows:
23-15-1021. It shall be unlawful for any individual or political action committee not affiliated with a political party to give, donate, appropriate or furnish directly or indirectly, any money, security, funds or property in excess of Two Thousand Five Hundred Dollars ($2,500.00) for the purpose of aiding any candidate or candidate's political committee for judge of a county, justice, circuit or chancery court or in excess of Five Thousand Dollars ($5,000.00) for the purpose of aiding any candidate or candidate's political committee for judge of the Court of Appeals or justice of the Supreme Court, or to give, donate, appropriate or furnish directly or indirectly, any money, security, funds or property in excess of Two Thousand Five Hundred Dollars ($2,500.00) to any candidate or the candidate's political committee for judge of a county, justice, circuit or chancery court or in excess of Five Thousand Dollars ($5,000.00) for the purpose of aiding any candidate or candidate's political committee for judge of the Court of Appeals or justice of the Supreme Court, as a contribution to the expense of a candidate for judicial office.
SECTION 14. Section 9-11-3, Mississippi Code of 1972, is amended as follows:
9-11-3. (1) Except as
otherwise provided herein, no justice court judge elected for a full term of
office commencing on or after January 1, 2012, shall exercise the judicial
functions of his or her office or be eligible to take the oath of office
until he or she has filed in the office of the chancery clerk the
following two (2) certifications: (a) a certificate of completion of a course
of training and education conducted by the Mississippi Judicial College of the
University of Mississippi Law Center; and (b) a certificate of successful completion
of a minimum competency examination administered by the Mississippi Judicial
College of the University of Mississippi Law Center within six (6) months of
the beginning of the term for which * * * the justice is elected. A justice
court judge who has completed the course of training and education, passed the
minimum competency examination, and has satisfied * * * the annual continuing education
course requirements, and who is then elected for a succeeding term of office
subsequent to the initial term for which he or she completed the
training course, shall not be required to repeat the basic training and
education course upon reelection but shall be subject to the continuing
education requirements.
(2) In addition to meeting the requirements of subsection (1) of this section, after taking office, each justice court judge shall be required to file annually in the office of the chancery clerk a certificate of completion of a course of continuing education conducted by the Mississippi Judicial College.
(3) The requirements for obtaining each of the certificates in subsections (1) and (2) of this section shall be as provided in Section 9-11-4.
(4) Upon the failure of any
justice court judge to file with the chancery clerk the certificates of completion
as provided in subsections (1) and (2) of this section, * * * the justice court judge shall, in
addition to any other fine or punishment provided by law for * * * the conduct, not be entitled to
compensation for the period of time during which such certificates remain
unfiled. If a justice court judge has not filed the required certifications
within eight (8) months of the inception of the term, that justice court judge
shall forfeit * * *
the office, * * *
the position shall be declared vacant, and the resulting vacancy shall
be filled as provided by Section * * * 23-15-849.
(5) The competency examination requirements in Sections 9-11-3 and 9-11-4 shall not apply to any sitting justice court judges as of July 24, 2008.
SECTION 15. Section 23-15-601, Mississippi Code of 1972, is brought forward as follows:
23-15-601. (1) When the result of the election shall have been ascertained by the managers they, or one (1) of their number, or some fit person designated by them, shall, by noon of the second day after the election, deliver to the commissioners of election, at the courthouse, a statement of the whole number of votes given for each person and for what office; and the commissioners of election shall canvass the returns, ascertain and declare the result, and, within ten (10) days after the day of the election, shall deliver a certificate of his election to the person having the greatest number of votes for representative in the Legislature of districts composed of one (1) county or less, or other county office, board of supervisors, justice court judge and constable. If it appears that two (2) or more candidates for Representative of the county, or part of the county, or for any county office, board of supervisors, justice court judge or constable standing highest on the list, and not elected, have an equal number of votes, the election shall be decided by lot fairly and publicly drawn by the commissioners, with the aid of two (2) or more respectable electors of the county, and a certificate of election shall be given accordingly. The foregoing provisions shall apply to Senators, if the county be a senatorial district.
(2) The commissioners of election shall transmit to the Secretary of State, on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State, a statement of the total number of votes cast in the county for each candidate for each office and the total number of votes cast for such candidates in each precinct in the district in which the candidate ran.
SECTION 16. Section 9-11-31, Mississippi Code of 1972, is brought forward as follows:
9-11-31. (1) When any justice court judge is unable, by reason of being under any suspension by the Commission on Judicial Performance or the Mississippi Supreme Court, or by reason of sickness or other disability, to attend and hold court at the time and place required by law to do so for a period of time in excess of thirty (30) consecutive days, and due to such inability to attend and hold court there is no judge to hold court in such county, the board of supervisors of the county in which such judge serves shall appoint another justice court judge of the county or an adjoining county or a municipal court judge to attend and hold said court and perform all the duties of such judge during such suspension or disability.
(2) Any presently sitting justice court judge appointed pursuant to subsection (1) of this section shall receive no additional compensation for his or her service. Any other person so appointed shall, for the period of his service, receive compensation from the county for each day's service a sum equal to 1/260ths of the current salary in effect for justice court judges.
SECTION 17. Section 23-15-953, Mississippi Code of 1972, is brought forward as follows:
23-15-953. If the petition shall be filed more than forty (40) days before the term of the circuit court next after the election which is contested, the summons may be made returnable, and a trial of the issue be had in vacation, in the manner prescribed for a trial in vacation of an information in the nature of a quo warranto; and all of the provisions in reference to a trial in vacation of such proceedings shall apply to the trial of issues as to contested elections in the state of case herein mentioned; but this section shall not be held to include a contest of the election of a justice court judge, constable, coroner, surveyor, or member of a board of supervisors.
SECTION 18. This act shall take effect and be in force from and after July 1, 2017.
