Bill Text: MS HB960 | 2017 | Regular Session | Introduced
Bill Title: Municipal court judges; require to be elected.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2017-01-31 - Died In Committee [HB960 Detail]
Download: Mississippi-2017-HB960-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Apportionment and Elections
By: Representative Dixon
House Bill 960
AN ACT TO REQUIRE THE OFFICE OF MUNICIPAL COURT JUDGE TO BE ELECTED; TO SET THE REQUIREMENTS FOR FILING AN INTENT TO BE A CANDIDATE FOR THAT OFFICE AND THE FEE TO BE A CANDIDATE FOR THAT OFFICE; TO AMEND SECTIONS 21-23-3, 21-23-5 AND 21-23-9, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The office of municipal court judge shall be elected as provided in this section.
(2) All candidates for the office of municipal court judge shall file their intent to be a candidate with, and pay the sum of Fifteen Dollars ($15.00) to, the municipal clerk of the proper municipality not later than the deadline provided in Section 23-15-309. Except as otherwise provided in this section, candidates for the office of municipal court judge shall be required to qualify for that office as all other municipal candidates are required to qualify under Section 23-15-361.
(3) The municipal clerk shall notify the municipal election commissioners of all persons who have filed their intent to be a candidate with, and paid the proper assessment to, such clerk. The notification shall occur within two (2) business days and shall contain all necessary information.
(4) Candidates for the office of municipal court judge may not file their intent to be a candidate and pay the assessment before January 1 of the year in which the election for that municipal office is held.
(5) If only one (1) person files his or her intent to be a candidate for the office of municipal court judge and that person subsequently dies, resigns or is otherwise disqualified from holding the office of municipal court judge 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 municipal office for a period of not less than seven (7) nor more than ten (10) days from the date of the proclamation.
(6) If only one (1) person qualifies as a candidate for the office of municipal court judge 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 municipal office shall be considered vacant for the new term and the vacancy shall be filled as provided in by law.
SECTION 2. Section 21-23-3, Mississippi Code of 1972, is amended as follows:
21-23-3. In all
municipalities having a population of ten thousand (10,000) or more, according
to the latest available federal census, there shall be a municipal judge and a
prosecuting attorney * * *. The municipal judge shall be elected as provided in Section
1 of this act, and the prosecuting attorney shall be appointed by the
governing authorities of the municipality at the time provided for the
appointment of other officers. The municipal governing authorities may * * * authorize one (1) additional
municipal judge to be elected, who shall exercise the same authority and
prerogatives of the office, regardless of the presence or absence of the other
municipal judge. Except as otherwise provided in Section 21-23-5, a municipal
judge shall be a qualified elector of the county in which the municipality is
located and shall be an attorney at law. * * * The municipal judges and
prosecuting attorney shall receive a salary, to be paid by the municipality,
and to be fixed by the governing authorities of the municipality.
In any proceeding in which a
conflict of interest arises for the prosecuting attorney, or any other reason
dictates that he or she recuse himself, the mayor of the municipality
may appoint a special prosecuting attorney for that particular proceeding. * * * The special prosecuting attorney
shall be compensated for his or her services in the same manner and
amount as allowed under Section 21-23-7 for appointed counsel for indigent
persons.
Provided, however, the governing authorities of any municipality having a population in excess of ten thousand (10,000) persons according to the latest available federal census and situated in a county having an area in excess of nine hundred thirty-five (935) square miles and having a county court may, in their discretion, follow the provisions as set out in Section 21-23-5 for municipalities having a population of less than ten thousand (10,000).
Provided, further, the
governing authorities of any municipality having a population in excess of
fifty thousand (50,000) according to the latest federal decennial census may,
in their discretion, provide for the * * * election of not more than
ten (10) municipal judges for * * * that municipality, each of whom
shall exercise the same authority and prerogatives of their office,
regardless of the presence or absence of the other municipal judges.
SECTION 3. Section 21-23-5, Mississippi Code of 1972, is amended as follows:
21-23-5. In any
municipality having a population of less than ten thousand (10,000) according
to the latest available federal census, it shall be discretionary with the
governing authorities of the municipality as to whether or not a municipal
judge shall be elected or a prosecuting attorney * * * shall be appointed. If the
authorities of any municipality having a population of less than twenty
thousand (20,000) according to the latest available federal census * * * choose to elect a municipal
judge, he or she shall be an attorney licensed in the State of
Mississippi or a justice court judge of the county in which the municipality is
located. The mayor or mayor pro tempore shall not serve as a municipal judge.
SECTION 4. Section 21-23-9, Mississippi Code of 1972, is amended as follows:
21-23-9. In any
municipality where a municipal judge is * * * elected, the governing authorities
shall have the power and authority to appoint a municipal judge pro tempore who
shall have the same powers and qualifications for office as the elected
municipal judge and shall perform all duties of the municipal judge in the
absence of * * *
that municipal judge or if * * * the municipal judge is unable to serve
for any reason. In the event a municipal judge pro tempore is not appointed or
is absent or unable for any reason to serve, any justice court judge of the
county or municipal judge of another municipality may serve in his or her
place with the same power and authority upon designation by the municipal
judge. Any municipality that appoints a municipal judge pro tempore in the
absence of a municipal judge or has a justice court judge serve in the absence
of a municipal court judge, as provided in this section, is authorized to
compensate that municipal judge pro tempore or justice court judge in the same
manner and amount as the municipality provides for the * * * elected municipal judge who is
absent.
SECTION 5. This act shall take effect and be in force from and after July 1, 2017.
