Bill Text: MS SB2868 | 2017 | Regular Session | Introduced
Bill Title: Judicial Performance Commission meetings to come under Open Meetings Law; require.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [SB2868 Detail]
Download: Mississippi-2017-SB2868-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Judiciary, Division A; Accountability, Efficiency, Transparency
By: Senator(s) Hill
Senate Bill 2868
AN ACT TO AMEND SECTION 9-19-29, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MEETINGS OF THE COMMISSION ON JUDICIAL PERFORMANCE ARE OPEN MEETINGS AND THAT RECORDS OF THE COMMISSION ON JUDICIAL PERFORMANCE ARE OPEN RECORDS; TO AMEND SECTION 9-19-21, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT A TRANSCRIPT OF PROCEEDINGS BEFORE THE COMMISSION ON JUDICIAL PERFORMANCE BE PREPARED AND THAT THE TRANSCRIPT IS A RECORD SUBJECT TO THE OPEN RECORDS ACT; TO REPEAL SECTION 9-19-19, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE SECRECY OF PROCEEDINGS BEFORE THE COMMISSION ON JUDICIAL PERFORMANCE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-19-29, Mississippi Code of 1972, is amended as follows:
9-19-29. (1) All
complaints filed pursuant to the provisions of this chapter shall be * * * subject to the
Mississippi Public Records Act of 1983.
(2) The Commission on Judicial Performance is a public body as defined in Section 25-41-3, and the meetings of the commission are subject to the Open Meetings Act (Sections 25-41-1 through 25-41-17).
(3) The Commission on Judicial Performance, its members, executive director, commission counsel, master or fact finder, and their assistants, staff and employees shall be immune from civil suit for any conduct arising out of the performance of their official duties.
SECTION 2. 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.
(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, 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 and shall constitute a public record as defined in Section 25-41-3.
(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 3. Section 9-19-19, Mississippi Code of 1972, which provides for the secrecy of proceedings before the Commission on Judicial Performance, is repealed.
SECTION 4. This act shall take effect and be in force from and after the day after the Secretary of States certifies that Senate Concurrent Resolution No. ____, 2017 Regular Session, has been ratified by the electorate.
