Bill Text: MS SC596 | 2018 | Regular Session | Enrolled
Bill Title: Recognize the historical development of the Mississippi Supreme Court on the occasion of the Bicentennial of Statehood.
Spectrum: Slight Partisan Bill (Republican 11-7)
Status: (Passed) 2018-03-01 - Enrolled Bill Signed [SC596 Detail]
Download: Mississippi-2018-SC596-Enrolled.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Rules
By: Senator(s) Hopson, Watson, McDaniel, Turner-Ford, Tollison, Simmons (12th), Doty, Blackmon, Wiggins, Fillingane, DeBar, Bryan, Branning, Blackwell, Burton, Dearing, Jackson (32nd), Seymour
Senate Concurrent Resolution 596
(As Adopted by Senate and House)
A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HISTORICAL DEVELOPMENT OF THE MISSISSIPPI SUPREME COURT AND ITS SUPERVISION OF THE PRACTICE OF LAW IN MISSISSIPPI ON THE OCCASION OF THE CELEBRATION OF THE BICENTENNIAL ANNIVERSARY OF STATEHOOD.
WHEREAS, on December 10, 2017, Mississippi celebrated the Bicentennial Anniversary of Statehood. It is most appropriate for the Legislature to document the evolution of a critically important and coequal part of Mississippi government through its first 200 years, the Supreme Court of Mississippi; and
WHEREAS, of the four constitutions Mississippi has adopted since statehood, the Constitution of 1890 remains the centerpiece and defining document of Mississippi's judicial branch of government. Although the Supreme Court has grown from three to nine justices and has at times operated in divisions, the court has most profoundly been affected by the reintroduction of the popular election of judges through the constitutional amendments of 1914, the court's assertion of its rule-making authority in Newell v. State, and the creation of the Court of Appeals in 1994; and
WHEREAS, as Mississippi's constitutional court of last resort, the Supreme Court, in one form or another, has served as the highest body of the judicial branch of government since the General Assembly approved our first constitution in 1817. Four state constitutions and numerous constitutional amendments have brought slow but steady developments to the membership, duties and procedures of the Supreme Court. What began as a tribunal of judges serving at both the trial and appellant levels with little guidance from the constitution, laws, or rules has evolved into a modern nine-member court with broad administrative powers, mature and efficient operations, and fair and independent decisions. This year serves as an appropriate time of remembrance and contemplation of how the state judiciary developed over time; and
WHEREAS, under the Constitution of 1817, the judicial power of the state was "vested in one Supreme Court, and such superior and inferior courts of law and equity as the Legislature may, from time to time, direct and establish. By 1832, Mississippi's population had more than doubled, and the social, political and economic power in the state had shifted from the Mississippi River counties to the central interior regions. Under the 1832 Constitution, the High Court was a true appellate court. The High Court "all but ceased operations" during the Civil War, only hearing cases that bore some relation to the war. The Mississippi Constitution of 1890 left the structure of the Supreme Court essentially unchanged from the previous constitution, with three justices appointed by the Governor. In 1914, the Legislature proposed four constitutional amendments affecting the Supreme Court: (1) increasing the membership of the court to six justices, (2) authorizing the court to decide cases by three justice divisions, (3) returning to the popular election of justices, and (4) setting the justices' terms of office. In 1950, the Legislature proposed a constitutional amendment increasing the membership of the Supreme Court from six to nine, which was approved by popular referendum. In 1994, the Legislature passed the Nonpartisan Judicial Election Act, declaring that a judicial office is a nonpartisan office and prohibiting judicial candidates from campaigning or qualifying based on party affiliation. Each of these innovations has had a significant impact on the fairness and efficiency of the administration of justice in Mississippi; and
WHEREAS, the 1980s saw two important additions to the Supreme Court in the form of its first female justice and African-American justice. In 1994, the Legislature passed a law establishing the Court of Appeals of the State of Mississippi, one of the most drastic changes to the Mississippi judiciary in the state's history; and
WHEREAS, over 120 men and women have served on the Mississippi Supreme Court in its 200-year existence, of these, 31 currently have a portrait on display in the Carroll Gartin Justice Building in downtown Jackson; and
WHEREAS, after two centuries of federal jurisprudence in Mississippi, the state's federal judges and magistrates continue to protect and secure the state's citizens, according to the Constitution and the laws of the United States. Their decisions in civil and criminal cases affect the lives of all Mississippians, by setting the limits of free speech, privacy, or the free exercise of religion. The state's federal judges and magistrate judges supervise congressional redistricting, resolve regulatory disputes, settle mass torts and bankruptcies, conduct citizenship ceremonies, and oversee the prosecution of illegal narcotic sales. Much, indeed, can be learned about Mississippi in the history of its federal courts; and
WHEREAS, the Mississippi Supreme Court and The Mississippi Bar have served as leaders and mentors to the practice of law in Mississippi. Members of the court lecture on professional standards of the practice, including ethics, integrity, civility, courtesy and adherence to the Golden Rule. The history of the Mississippi Supreme Court has honored The Mississippi Bar and this great state that we love and serve:
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF MISSISSIPPI, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN, That we do hereby recognize and commend the historical development of the Mississippi Supreme Court and its supervision of the practice of law in Mississippi on the occasion of the celebration of the Bicentennial Anniversary of Statehood.
BE IT FURTHER RESOLVED, That this resolution be transmitted to the Clerk of the Mississippi Supreme Court and Court of Appeals, forwarded to the Executive Director of The Mississippi Bar and made available to the Capitol Press Corps.
