Bill Amendment: MS SB2771 | 2024 | Regular Session
Bill Title: Judicial redistricting; bring forward code sections related to.
Status: 2024-04-29 - Died In Conference [SB2771 Detail]
Download: Mississippi-2024-SB2771-House_Committee_Amendment_No_1.html
Pending
COMMITTEE AMENDMENT NO 1 PROPOSED TO
Senate Bill No. 2771
BY: Committee
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. Section 9-7-1, Mississippi Code of 1972, is brought forward as follows:
9-7-1. A circuit judge shall be elected for and from each circuit court district and the listing of individual precincts shall be those precincts as they existed on October 1, 1990. He may hold court in any other district with the consent of the judge thereof, when in their opinion the public interest may require. The terms of all circuit judges hereafter elected shall begin on the first day of January 1931 and their terms of office shall continue for four (4) years. A circuit judge shall be a resident of the district in which he or she serves but shall not be required to be a resident of a subdistrict if the district is divided into subdistricts.
SECTION 2. Section 9-7-3, Mississippi Code of 1972, is brought forward as follows:
9-7-3. (1) The state is divided into an appropriate number of circuit court districts severally numbered and composed of the counties as set forth in the sections which follow. A court to be styled "The Circuit Court of the County of ____" shall be held in each county, and within each judicial district of a county having two (2) judicial districts, at least twice a year. Court shall be held in circuit court districts consisting of a single county on the same dates state agencies and political subdivisions are open for business excluding legal holidays. The dates upon which terms shall commence and the number of days for which the terms shall continue in circuit court districts consisting of more than one (1) county shall be set by order of the circuit court judge in accordance with the provisions of subsection (2) of this section. A matter in court may extend past a term if the interest of justice so requires.
(2) An order establishing the commencement and continuation of terms of court for each of the counties within a circuit court district consisting of more than one (1) county shall be entered annually and not later than October 1 of the year immediately preceding the calendar year for which the terms of court are to become effective. Notice of the dates upon which the terms of court shall commence and the number of days for which the terms shall continue in each of the counties within a circuit court district shall be posted in the office of the circuit clerk of each county within the district and mailed to the office of the Secretary of State for publication and distribution to all Mississippi Bar members. If an order is not timely entered, the terms of court for each of the counties within any circuit court district shall remain unchanged for the next calendar year. A certified copy of any order entered under the provisions of this subsection shall, immediately upon the entry thereof, be delivered to the clerk of the board of supervisors in each of the counties within the circuit court district.
(3) The number of judges in each circuit court district shall be determined by the Legislature based upon the following criteria:
(a) The population of the district;
(b) The number of cases filed in the district;
(c) The case load of each judge in the district;
(d) The geographic area of the district;
(e) An analysis of the needs of the district by the court personnel of the district; and
(f) Any other appropriate criteria.
(4) The Judicial College of the University of Mississippi Law Center and the Administrative Office of Courts shall determine the appropriate:
(a) Specific data to be collected as a basis for applying the above criteria;
(b) Method of collecting and maintaining the specified data; and
(c) Method of assimilating the specified data.
(5) In a district having more than one (1) office of circuit judge, there shall be no distinction whatsoever in the powers, duties and emoluments of those offices except that the judge who has been for the longest time continuously a judge of that court or, should no judge have served longer in office than the others, the judge who has been for the longest time a member of The Mississippi Bar, shall be the senior judge. The senior judge shall have the right to assign causes and dockets and to set terms in districts consisting of more than one (1) county. A circuit court judge shall have the right to assign criminal matters to county court as provided in Section 9-9-21.
SECTION 3. Section 9-7-5, Mississippi Code of 1972, is brought forward as follows:
9-7-5. The First Circuit Court District is composed of the following counties:
(a) Alcorn County;
(b) Itawamba County;
(c) Lee County;
(d) Monroe County;
(e) Pontotoc County;
(f) Prentiss County; and
(g) Tishomingo County.
SECTION 4. Section 9-7-7, Mississippi Code of 1972, is amended as follows:
9-7-7. (1) There shall be four (4) judges for the First Circuit Court District.
(2) The four (4) judgeships
shall be separate and distinct and denominated for purposes of appointment and
election only as "Place One * * *", "Place Two * * *", "Place Three" and
"Place Four." The judge to fill Place One must reside in Alcorn,
Prentiss or Tishomingo County. The judges to fill Place Two and Place Three
must reside in Itawamba, Lee, Monroe or Pontotoc County. The judge to fill
Place Four may be a resident of any county in the district. Election of the
four (4) offices of judge shall be by election to be held in every county
within the First Circuit Court District.
SECTION 5. Section 9-7-9, Mississippi Code of 1972, is brought forward as follows:
9-7-9. The Second Circuit Court District is composed of the following counties:
(a) Hancock County;
(b) Harrison County; and
(c) Stone County.
SECTION 6. Section 9-7-11, Mississippi Code of 1972, is amended as follows:
9-7-11. (1) There shall be four (4) judges for the Second Circuit Court District.
(2) The four (4) judgeships
shall be separate and distinct and denominated for purposes of appointment and
election only as "Place One * * *", "Place Two * * *", "Place Three" and
"Place Four."
SECTION 7. Section 9-7-13, Mississippi Code of 1972, is brought forward as follows:
9-7-13. The Third Circuit Court District is composed of the following counties:
(a) Benton County;
(b) Calhoun County;
(c) Chickasaw County;
(d) Lafayette County;
(e) Marshall County;
(f) Tippah County; and
(g) Union County.
SECTION 8. Section 9-7-14, Mississippi Code of 1972, is amended as follows:
9-7-14. (1) There shall be three (3) judges for the Third Circuit Court District.
(2) The three (3)
judgeships shall be separate and distinct and denominated for purposes of
appointment and election only as "Place One * * *", "Place Two" and
"Place Three."
SECTION 9. Section 9-7-15, Mississippi Code of 1972, is brought forward as follows:
9-7-15. (1) The Fourth Circuit Court District shall be composed of the following counties:
(a) Leflore County;
(b) Sunflower County; and
(c) Washington County.
(2) The Fourth Circuit Court District shall be divided into four (4) subdistricts as follows:
(a) Subdistrict 4-1 shall consist of the following precincts in the following counties:
(i) Leflore County: Minter City, North Greenwood, Money, Northeast Greenwood, Schlater, West Greenwood, Mississippi Valley State University and Southeast Greenwood Precincts; and
(ii) Sunflower County: Ruleville, Rome, Sunflower Plantation, Drew, Doddsville, Boyer-Linn, Fairview-Hale and Ruleville North Precincts.
(b) Subdistrict 4-2 shall consist of the following precincts in the following counties:
(i) Sunflower County: Indianola 1, Sunflower, Indianola 3 North, Indianola 3 South and Indianola 3 Northeast Precincts; and
(ii) Washington County: Extension Building, Faith Lutheran Church, American Legion, Metcalfe City Hall, Elks Club, Leland Health Department Clinic, Leland Light and Water Plant and Greenville Industrial College Precincts.
(c) Subdistrict 4-3 shall consist of the following precincts in the following counties:
(i) Leflore County: East Greenwood Sub-A, East Greenwood Sub-B, Central Greenwood, North Itta Bena, South Itta Bena, Southwest Greenwood, Rising Sun, Sidon, Morgan City, Swiftown and South Greenwood Precincts;
(ii) Sunflower County: Moorhead, Inverness, Indianola 2 West and Indianola 2 East Precincts; and
(iii) Washington County: Arcola City Hall, Hollandale City Hall, Darlove Baptist Church and Mangelardi Bourbon Store Precincts.
(d) Subdistrict 4-4 shall consist of the following precincts in Washington County: St. James Episcopal Church, Swiftwater Baptist Church, Glen Allan Health Clinic, Italian Club, Ward's Recreation Center, Buster Brown Community Center, Avon Health Center, Kapco Company, Brent Center, William Percy Library and Grace Methodist Church Precincts.
(3) The local contributions required for the maintenance of the Fourth Circuit Court District shall be paid on a pro rata basis each by Leflore, Sunflower and Washington Counties.
SECTION 10. Section 9-7-17, Mississippi Code of 1972, is brought forward as follows:
9-7-17. There shall be four (4) circuit judges for the Fourth Circuit Court District. One (1) circuit judge shall be elected from each subdistrict.
SECTION 11. Section 9-7-19, Mississippi Code of 1972, is brought forward as follows:
9-7-19. The Fifth Circuit Court District is composed of the following counties:
(a) Attala County;
(b) Carroll County;
(c) Choctaw County;
(d) Grenada County;
(e) Montgomery County;
(f) Webster County; and
(g) Winston County.
SECTION 12. Section 9-7-20, Mississippi Code of 1972, is brought forward as follows:
9-7-20. (1) There shall be two (2) judges for the Fifth Circuit Court District.
(2) The two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
SECTION 13. Section 9-7-21, Mississippi Code of 1972, is brought forward as follows:
9-7-21. (1) The Sixth Circuit Court District is composed of the following counties:
(a) Adams County;
(b) Amite County;
(c) Franklin County; and
(d) Wilkinson County.
(2) The Sixth Circuit Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 6-1 shall consist of Wilkinson County and the following precincts in the following counties:
(i) Adams County: Airport, By-Pass Fire Station, Carpenter, Concord*, Courthouse*, Duncan Park*, Foster Mound, Maryland*, Northside School, Pine Ridge, Thompson and Washington*; and
(ii) Amite County: Ariel, Berwick, Crosby, East Centreville, East Gloster*, Gloster*, Homochitto, South Liberty* and Street.
(b) Subdistrict 6-2 shall consist of Franklin County and the following precincts in the following counties:
(i) Adams County: Beau Pre, Bellemont, Concord*, Convention Center, Courthouse*, Duncan Park*, Kingston, Liberty Park, Maryland*, Morgantown, Oakland, Palestine and Washington*; and
(ii) Amite County: Amite River, East Fork, East Gloster*, East Liberty, Gloster*, Liberty, New Zion, Oneil, Riceville, Smithdale, South Liberty*, Tangipahoa, Tickfaw, Walls and Zion Hills.
(3) There shall be two (2) judges for the Sixth Circuit Court District. The two (2) judgeships shall be separate and distinct. One (1) judge shall be elected from each subdistrict.
SECTION 14. Section 9-7-23, Mississippi Code of 1972, is brought forward as follows:
9-7-23. (1) The Seventh Circuit Court District shall be Hinds County.
(2) The Seventh Circuit Court District shall be divided into four (4) subdistricts in Hinds County as follows:
(a) Subdistrict 7-1 shall consist of the following precincts in Hinds County: 1, 2, 4, 5, 6, 8, 9, 10, 32, 33, 34, 35, 36, 44, 45, 46, 47, 72, 73, 74, 75, 76, 77, 78, 79, 92, 93, 96 and 97.
(b) Subdistrict 7-2 shall consist of the following precincts in Hinds County: 11, 12, 13, 14, 15, 16, 17, 23, 27, 28, 29, 30, 37, 38, 39, 40, 41, 42, 43, 80, 81, 82, 83, 84, 85, Brownsville, Cynthia, Pocahontas and Tinnin.
(c) Subdistrict 7-3 shall consist of the following precincts in Hinds County: 18, 19, 20, 21, 22, 24, 25, 26, 31, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 66, 67, 68, 69, 70, 71, 86, 89, and Jackson State.
(d) Subdistrict 7-4 shall consist of the following precincts in Hinds County: 87, 88, 90, 91, 94, 95, Bolton, Byram 1, Byram 2, Cayuga, Chapel Hill, Clinton 1, Clinton 2, Clinton 3, Clinton 4, Clinton 5, Clinton 6, Dry Grove, Edwards, Learned, Old Byram, Pinehaven, Raymond 1, Raymond 2, Spring Ridge, St. Thomas, Terry, Utica 1 and Utica 2.
SECTION 15. Section 9-7-25, Mississippi Code of 1972, is brought forward as follows:
9-7-25. (1) There shall be four (4) circuit judges for the Seventh Circuit Court District. One (1) judge shall be elected from each subdistrict.
(2) While there shall be no limitation whatsoever upon the powers and duties of the said judges other than as cast upon them by the Constitution and laws of this state, the court in the First Judicial District of Hinds County, in the discretion of the senior circuit judge, may be divided into civil and criminal divisions as a matter of convenience, by the entry of an order upon the minutes of the court.
SECTION 16. Section 9-7-27, Mississippi Code of 1972, is brought forward as follows:
9-7-27. (1) The Eighth Circuit Court District is composed of the following counties:
(a) Leake County;
(b) Neshoba County;
(c) Newton County; and
(d) Scott County.
(2) There shall be two (2) judges for the Eighth Circuit Court District.
(3) The two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
SECTION 17. Section 9-7-29, Mississippi Code of 1972, is brought forward as follows:
9-7-29. (1) The Ninth Circuit Court District is composed of the following counties:
(a) Issaquena County;
(b) Sharkey County; and
(c) Warren County.
(2) The Ninth Circuit Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 9-1 shall consist of Issaquena County, Sharkey County and the following precincts in Warren County: 3-61 Store*, American Legion Hall, Auditorium, Brunswick, Cedar Grove*, Kings*, Number 7 Fire Station*, St. Aloysius and Vicksburg Junior High School*.
(b) Subdistrict 9-2 shall consist of the following precincts in Warren County: 3-61 Store*, Beechwood, Bovina, Cedar Grove*, Culkin, Elks Lodge, Goodrum, Jett, Kings*, Moose Lodge, Number 7 Fire Station*, Oak Ridge, Plumbers Hall, Redwood, Tingleville, Vicksburg Junior High School*, YMCA and Yokena.
SECTION 18. Section 9-7-30, Mississippi Code of 1972, is brought forward as follows:
9-7-30. There shall be two (2) judges for the Ninth Circuit Court District. One (1) judge shall be elected from each subdistrict.
SECTION 19. Section 9-7-31, Mississippi Code of 1972, is brought forward as follows:
9-7-31. The Tenth Circuit Court District is composed of the following counties:
(a) Clarke County;
(b) Kemper County;
(c) Lauderdale County; and
(d) Wayne County.
SECTION 20. Section 9-7-32, Mississippi Code of 1972, is brought forward as follows:
9-7-32. (1) There shall be two (2) judges for the Tenth Circuit Court District.
(2) The two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
SECTION 21. Section 9-7-33, Mississippi Code of 1972, is brought forward as follows:
9-7-33. (1) The Eleventh Circuit Court District is composed of the following counties:
(a) Bolivar County;
(b) Coahoma County;
(c) Quitman County; and
(d) Tunica County.
(2) The Eleventh Circuit Court District shall be divided into three (3) subdistricts as follows:
(a) Subdistrict 11-1 shall consist of the following precincts from the following counties:
(i) Bolivar County: Benoit, Beulah, Boyle, Choctaw, Cleveland Courthouse, East Central Cleveland*, East Cleveland*, East Rosedale, Gunnison, Longshot, North Cleveland, Northwest Cleveland*, Pace, Scott, Shaw, Skene, South Cleveland*, Stringtown, West Central Cleveland, West Cleveland and West Rosedale; and
(ii) Coahoma County: Bobo, Clarksdale 2-4*, Clarksdale 5-4*, Farrell*, Rena Lara and Sherard*.
(b) Subdistrict 11-2 shall consist of the following precincts from the following counties:
(i) Bolivar County: Cleveland Eastgate, Duncan/Alligator, East Central Cleveland*, East Cleveland*, Merigold, Mound Bayou, Northwest Cleveland*, Renova, Shelby, South Cleveland* and Winstonville;
(ii) Coahoma County: Cagle Crossing, Clarksdale 1-4*, Clarksdale 3-3, Clarksdale 3-4, Clarksdale 4-2, Clarksdale 4-3, Dublin and Roundaway; and
(iii) Quitman County: Belen*, District 3 South*, Lambert, Northwest Marks, Southwest Marks and West Lambert.
(c) Subdistricts 11-3 shall consist of Tunica County and the following precincts in the following counties:
(i) Coahoma County: Clarksdale 1-4*, Clarksdale 2-4*, Clarksdale 5-4*, Coahoma, Farrell*, Friar's Point, Jonestown, Lula, Lyon and Sherard*; and
(ii) Quitman County: Belen*, Crenshaw, Crowder, Darling, District 3 North, District 3 South* and Sledge.
SECTION 22. Section 9-7-34, Mississippi Code of 1972, is brought forward as follows:
9-7-34. There shall be three (3) judges for the Eleventh Circuit Court District. One (1) judge shall be elected from each subdistrict.
SECTION 23. Section 9-7-35, Mississippi Code of 1972, is amended as follows:
9-7-35. (1) The Twelfth Circuit Court District is composed of the following counties:
(a) Forrest County; and
(b) Perry County.
(2) There shall be two (2)
judges for the Twelfth Circuit Court District. The two (2) judgeships shall be
separate and distinct and denominated for purposes of appointment and election
only as "Place One" and "Place Two * * *".
SECTION 24. Section 9-7-37, Mississippi Code of 1972, is amended as follows:
9-7-37. (1) The Thirteenth Circuit Court District is composed of the following counties:
(a) Covington County;
(b) Jasper County;
(c) Simpson County; and
(d) Smith County.
(2) There shall be two (2) judges
for the Thirteenth Circuit Court District. The two (2) judgeships shall be separate
and distinct and denominated for purposes of appointment and election only as
"Place One" and "Place Two * * *".
SECTION 25. Section 9-7-39, Mississippi Code of 1972, is amended as follows:
9-7-39. (1) The Fourteenth Circuit Court District is composed of the following counties:
(a) Lincoln County;
(b) Pike County; and
(c) Walthall County.
(2) (a) There shall be two (2) judges for the Fourteenth Circuit Court District.
(b) The two (2)
judgeships shall be separate and distinct and denominated for purposes of
appointment and election only as "Place One" and "Place Two * * *".
SECTION 26. Section 9-7-41, Mississippi Code of 1972, is brought forward as follows:
9-7-41. The Fifteenth Circuit Court District is composed of the following counties:
(a) Jefferson Davis County;
(b) Lamar County;
(c) Lawrence County;
(d) Marion County; and
(e) Pearl River County.
SECTION 27. Section 9-7-42, Mississippi Code of 1972, is amended as follows:
9-7-42. (1) There shall be three (3) judges for the Fifteenth Circuit Court District.
(2) The three (3)
judgeships shall be separate and distinct and denominated for purposes of
appointment and election only as "Place One * * *", "Place Two * * *", and "Place Three * * *". The judge to fill Place One
must be a resident of Jefferson Davis, Lamar, Lawrence or Marion County. The
judge to fill Place Two may be a resident of any county in the district. The
judge to fill Place Three must be a resident of Pearl River County.
SECTION 28. Section 9-7-43, Mississippi Code of 1972, is brought forward as follows:
9-7-43. The Sixteenth Circuit Court District is composed of the following counties:
(a) Clay County;
(b) Lowndes County;
(c) Noxubee County; and
(d) Oktibbeha County.
SECTION 29. Section 9-7-44, Mississippi Code of 1972, is amended as follows:
9-7-44. (1) There shall be three (3) judges for the Sixteenth Circuit Court District.
(2) The three (3) judgeships
shall be separate and distinct and denominated for purposes of appointment and
election only as "Place One * * *", "Place Two" and
"Place Three * * *".
The judge to fill Place One must be a resident of Lowndes County. The judge
to fill Place Two must be a resident of Oktibbeha County. The judge to fill
Place Three must be a resident of either Clay or Noxubee County. Election of
the three (3) offices of judge shall be by election to be held in every county
within the Sixteenth Circuit Court District.
SECTION 30. Section 9-7-45, Mississippi Code of 1972, is brought forward as follows:
[Until January 1, 2023, this section shall read as follows:]
9-7-45. The Seventeenth Circuit Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 17-1 shall be composed of DeSoto County; and
(b) Subdistrict 17-2 shall be composed of Panola County, Tallahatchie County, Tate County and Yalobusha County.
[From and after January 1, 2023, this section shall read as follows:]
9-7-45. The Seventeenth Circuit Court District shall be composed of the following counties:
(a) Panola County;
(b) Tallahatchie County;
(c) Tate County; and
(d) Yalobusha County.
SECTION 31. Section 9-7-46, Mississippi Code of 1972, is brought forward as follows:
9-7-46. (1) There shall be two (2) circuit judges for the Seventeenth Circuit Court District.
(2) For the purpose of appointment and election, the two (2) judgeships shall be separate and distinct, and be denominated as "Place One" and "Place Two."
SECTION 32. Section 9-7-47, Mississippi Code of 1972, is brought forward as follows:
9-7-47. The Eighteenth Circuit Court District shall be Jones County.
SECTION 33. Section 9-7-49, Mississippi Code of 1972, is brought forward as follows:
9-7-49. (1) The Nineteenth Circuit Court District is composed of the following counties:
(a) George County;
(b) Greene County; and
(c) Jackson County.
(2) The local contribution required for the maintenance of the Nineteenth Circuit Court District shall not exceed, as to George and Greene Counties, the amount of their present local contribution in their present respective circuit court districts, and any excess shall be paid by Jackson County.
SECTION 34. Section 9-7-51, Mississippi Code of 1972, is amended as follows:
9-7-51. (1) There shall be
three (3) judges for the Nineteenth Circuit Court District. The three (3)
judgeships shall be separate and distinct and denominated for purposes of
appointment and election only as "Place One * * *", "Place Two" and
"Place Three."
(2) The senior judge of the Nineteenth Circuit Court District may divide the court of any county within the district into civil, criminal and appellate court divisions as a matter of convenience by the entry of an order upon the minutes of the court.
SECTION 35. Section 9-7-53, Mississippi Code of 1972, is brought forward as follows:
9-7-53. The Twentieth Circuit Court District is composed of the following counties:
(a) Madison County; and
(b) Rankin County.
SECTION 36. Section 9-7-54, Mississippi Code of 1972, is amended as follows:
9-7-54. (1) There shall be three (3) judges for the Twentieth Circuit Court District.
(2) The three (3)
judgeships shall be separate and distinct and denominated for purposes of appointment
and election only as "Place One * * *", "Place Two", and
"Place Three * * *".
The judge to fill Place One must reside in Rankin County, the judge to fill
Place Two must reside in Madison County, and the judge to fill Place Three may
reside in either Madison or Rankin County.
SECTION 37. Section 9-7-55, Mississippi Code of 1972, is brought forward as follows:
9-7-55. The Twenty-first Circuit Court District is composed of the following counties:
(a) Holmes County;
(b) Humphreys County; and
(c) Yazoo County.
SECTION 38. Section 9-7-57, Mississippi Code of 1972, is brought forward as follows:
9-7-57. The Twenty-second Circuit Court District is composed of the following counties:
(a) Claiborne County;
(b) Copiah County; and
(c) Jefferson County.
SECTION 39. Section 9-7-63, Mississippi Code of 1972, is brought forward as follows:
9-7-63. The Twenty-third Circuit Court District shall be DeSoto County.
SECTION 40. Section 9-7-64, Mississippi Code of 1972, is amended as follows:
9-7-64. (1) There shall be * * * four (4) circuit judges for the
Twenty-third Circuit Court District.
(2) For the purposes of appointment
and election, the * * * four (4) judgeships shall be separate and distinct and
denominated as "Place One" * * *, "Place Two * * *", "Place Three" and "Place
Four".
SECTION 41. Section 9-5-1, Mississippi Code of 1972, is brought forward as follows:
9-5-1. A chancellor shall be elected for and from each of the chancery court districts as provided in this chapter and the listing of individual precincts shall be those precincts as they existed on October 1, 1990. He shall hold court in any other district with the consent of the chancellor thereof when in their opinion the public interest may be thereby promoted. The terms of all chancellors elected at the regular election for the year 1930 shall begin on the first day of January, 1931, and their terms of office shall continue for four (4) years. A chancellor shall be a resident of the district in which he serves but shall not be required to be a resident of a subdistrict if the district is divided into subdistricts.
SECTION 42. Section 9-5-3, Mississippi Code of 1972, is brought forward as follows:
9-5-3. (1) The state shall be divided into an appropriate number of chancery court districts, severally numbered and composed of the counties as set forth in the sections which follow. A court to be styled "The Chancery Court of the County of ____" shall be held in each county, and within each judicial district of a county having two (2) judicial districts, at least twice a year. Court shall be held in chancery court districts consisting of a single county on the same dates state agencies and political subdivisions are open for business excluding legal holidays. The dates upon which terms shall commence and the number of days for which terms shall continue in chancery court districts consisting of more than one (1) county shall be set by order of the chancellor in accordance with the provisions of subsection (2) of this section. A matter in court may extend past a term if the interest of justice so requires.
(2) An order establishing the commencement and continuation of terms of court for each of the counties within a chancery court district consisting of more than one (1) county shall be entered annually and not later than October 1 of the year immediately preceding the calendar year for which the terms of court are to become effective. Notice of the dates upon which terms of court shall commence and the number of days for which the terms shall continue in each of the counties within a chancery court district shall be posted in the office of the chancery clerk of each county within the district and mailed to the office of the Secretary of State for publication and distribution to all Mississippi Bar members. If an order is not timely entered, the terms of court for each of the counties within the chancery court district shall remain unchanged for the next calendar year.
(3) The number of chancellorships for each chancery court district shall be determined by the Legislature based upon the following criteria:
(a) The population of the district;
(b) The number of cases filed in the district;
(c) The caseload of each chancellor in the district;
(d) The geographic area of the district;
(e) An analysis of the needs of the district by the court personnel of the district; and
(f) Any other appropriate criteria.
(4) The Judicial College of the University of Mississippi Law Center and the Administrative Office of Courts shall determine the appropriate:
(a) Specific data to be collected as a basis for applying the above criteria;
(b) Method of collecting and maintaining the specified data; and
(c) Method of assimilating the specified data.
(5) In a district having more than one (1) office of chancellor, there shall be no distinction whatsoever in the powers, duties and emoluments of those offices except that the chancellor who has been for the longest time continuously a chancellor of that court or, should no chancellor have served longer in office than the others, the chancellor who has been for the longest time a member of The Mississippi Bar shall be the senior chancellor. The senior chancellor shall have the right to assign causes and dockets and to set terms in districts consisting of more than one (1) county.
SECTION 43. Section 9-5-5, Mississippi Code of 1972, is brought forward as follows:
9-5-5. The First Chancery Court District is composed of the following counties:
(a) Alcorn County;
(b) Itawamba County;
(c) Lee County;
(d) Monroe County;
(e) Pontotoc County;
(f) Prentiss County;
(g) Tishomingo County; and
(h) Union County.
SECTION 44. Section 9-5-7, Mississippi Code of 1972, is amended as follows:
9-5-7. (1) There shall be four (4) chancellors for the First Chancery Court District.
(2) The four (4) chancellorships
shall be separate and distinct and denominated for purposes of appointment and
election only as "Place One * * *", "Place Two * * *", "Place Three" and
"Place Four." The chancellor to fill Place One must be a resident of
Alcorn, Prentiss or Tishomingo County. The chancellors to fill Place Two and
Place Three must reside in Itawamba, Lee, Monroe, Pontotoc or Union County.
The chancellor to fill Place Four may be a resident of any county in the
district. Election of the four (4) offices of chancellor shall be by election
to be held in every county within the First Chancery Court District.
SECTION 45. Section 9-5-9, Mississippi Code of 1972, is brought forward as follows:
9-5-9. The Second Chancery Court District is composed of the following counties:
(a) Jasper County;
(b) Newton County; and
(c) Scott County.
SECTION 46. Section 9-5-11, Mississippi Code of 1972, is amended as follows:
[ Until January 1, 2027, this section shall read as follows:]
9-5-11. (1) The Third Chancery Court District is composed of the following counties:
(a) DeSoto County;
(b) Grenada County;
(c) Montgomery County;
(d) Panola County;
(e) Tate County; and
(f) Yalobusha County.
(2) The Third Chancery Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 3-1 shall consist of DeSoto County.
(b) Subdistrict 3-2 shall consist of Grenada County, Montgomery County, Panola County, Tate County and Yalobusha County.
[From and after January 1, 2027, this section shall read as follows:]
9-5-11. (1) The Third Chancery Court District is composed of the following counties:
(a) Grenada County;
(b) Montgomery County;
(c) Panola County;
(d) Tate County; and
(e) Yalobusha County.
(2) The Third Chancery Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 3-1 shall consist of Grenada County, Montgomery County and Yalobusha County.
(b) Subdistrict 3-2 shall consist of Panola County and Tate County.
SECTION 47. Section 9-5-13, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2027, this section shall read as follows:]
9-5-13. (1) There shall be three (3) chancellors for the Third Chancery Court District.
(2) (a) The chancellor of Subdistrict 3-1 shall be elected from DeSoto County. The two (2) chancellors of Subdistrict 3-2 shall be elected from Grenada County, Montgomery County, Panola County, Tate County and Yalobusha County.
(b) For purposes of
appointment and election, the three (3) chancellorships shall be separate and
distinct. The chancellorship in Subdistrict 3-1 shall be denominated only as
"Place One * * *",
and the chancellorships in Subdistrict 3-2 shall be denominated only as
"Place Two" and "Place Three * * *".
[From and after January 1, 2027, this section shall read as follows:]
9-5-13. (1) There shall be * * * two (2) chancellors for the
Third Chancery Court District.
(2) (a) The * * * one (1) chancellor
of Subdistrict 3-1 shall be elected from * * * Grenada County, Montgomery County
or Yalobusha County. The * * * one (1) chancellor of
Subdistrict 3-2 shall be elected from * * * Panola County * * * or Tate County * * *.
(b) For purposes of
appointment and election, the * * * two (2) chancellorships shall
be separate and distinct and denominated as "Place One * * *" and "Place Two * * *" * * *.
The * * *
chancellorship in Subdistrict 3-1 shall be denominated only as
"Place One" * * * and the * * * chancellorship in
Subdistrict 3-2 shall be denominated only as "Place Two" * * *.
SECTION 48. Section 9-5-15, Mississippi Code of 1972, is brought forward as follows:
9-5-15. (1) The Fourth Chancery Court District is composed of the following counties:
(a) Amite County;
(b) Franklin County;
(c) Pike County; and
(d) Walthall County.
(2) There shall be two (2) chancellors for the Fourth Chancery Court District. The two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
SECTION 49. Section 9-5-17, Mississippi Code of 1972, is brought forward as follows:
9-5-17. (1) The Fifth Chancery Court District is composed of Hinds County.
(2) The Fifth Chancery Court District shall be divided into the following four (4) subdistricts:
(a) Subdistrict 5-1 shall consist of the following precincts in Hinds County: 1, 2, 4, 5, 6, 8, 9, 10, 32, 33, 34, 35, 36, 44, 45, 46, 47, 72, 73, 74, 75, 76, 77, 78, 79, 92, 93, 96 and 97.
(b) Subdistrict 5-2 shall consist of the following precincts in Hinds County: 11, 12, 13, 14, 15, 16, 17, 23, 27, 28, 29, 30, 37, 38, 39, 40, 41, 42, 43, 80, 81, 82, 83, 84, 85, Brownsville, Cynthia, Pocahontas and Tinnin.
(c) Subdistrict 5-3 shall consist of the following precincts in Hinds County: 18, 19, 20, 21, 22, 24, 25, 26, 31, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 66, 67, 68, 69, 70, 71, 86, 89 and Jackson State.
(d) Subdistrict 5-4 shall consist of the following precincts in Hinds County: 87, 88, 90, 91, 94, 95, Bolton, Byram 1, Byram 2, Cayuga, Chapel Hill, Clinton 1, Clinton 2, Clinton 3, Clinton 4, Clinton 5, Clinton 6, Dry Grove, Edwards, Learned, Old Byram, Pinehaven, Raymond 1, Raymond 2, Spring Ridge, St. Thomas, Terry, Utica 1 and Utica 2.
SECTION 50. Section 9-5-19, Mississippi Code of 1972, is brought forward as follows:
9-5-19. (1) There shall be four (4) chancellors for the Fifth Chancery Court District. One (1) chancellor shall be elected from each subdistrict.
(2) While there shall be no limitation whatsoever upon the powers and duties of the said chancellors other than as cast upon them by the Constitution and laws of this state, the court in the First Judicial District of Hinds County, in the discretion of the senior chancellor, may be divided into four (4) divisions as a matter of convenience by the entry of an order upon the minutes of the court.
SECTION 51. Section 9-5-21, Mississippi Code of 1972, is brought forward as follows:
9-5-21. The Sixth Chancery Court District is composed of the following counties:
(a) Attala County;
(b) Carroll County;
(c) Choctaw County;
(d) Kemper County;
(e) Neshoba County; and
(f) Winston County.
SECTION 52. Section 9-5-22, Mississippi Code of 1972, is brought forward as follows:
9-5-22. (1) There shall be two (2) chancellors for the Sixth Chancery Court District.
(2) The two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
SECTION 53. Section 9-5-23, Mississippi Code of 1972, is brought forward as follows:
9-5-23. (1) The Seventh Chancery Court District is composed of the following counties:
(a) Bolivar County;
(b) Coahoma County;
(c) Leflore County;
(d) Quitman County;
(e) Tallahatchie County; and
(f) Tunica County.
(2) The Seventh Chancery Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 7-1 shall consist of Bolivar County and Coahoma County;
(b) Subdistrict 7-2 shall consist of Leflore County, Quitman County, Tallahatchie County and Tunica County.
SECTION 54. Section 9-5-25, Mississippi Code of 1972, is amended as follows:
9-5-25. There shall
be three (3) chancellors for the Seventh Chancery Court District. The three
(3) chancellorships shall be separate and distinct. One (1) chancellor shall
be elected from Subdistrict 7-1 and shall be denominated for purposes of appointment
and election only as "Place One * * *", and two (2) chancellors shall
be elected from Subdistrict 7-2 and shall be denominated for purposes of
appointment and election only as "Place Two" and "Place Three * * *".
SECTION 55. Section 9-5-27, Mississippi Code of 1972, is brought forward as follows:
9-5-27. The Eighth Chancery Court District is composed of the following counties:
(a) Hancock County;
(b) Harrison County; and
(c) Stone County.
SECTION 56. Section 9-5-29, Mississippi Code of 1972, is amended as follows:
9-5-29. (1) There shall be four (4) chancellors for the Eighth Chancery Court District.
(2) The four (4) chancellorships
shall be separate and distinct and denominated for purposes of appointment and
election only as "Place One * * *", "Place Two * * *", "Place Three" and
"Place Four."
(3) While there shall be no limitation whatsoever upon the powers and duties of the chancellors other than as cast upon them by the Constitution and laws of this state, the court in the Eighth Chancery Court District, in the discretion of the senior chancellor, may be divided into four (4) divisions as a matter of convenience by the entry of an order upon the minutes of the court.
SECTION 57. Section 9-5-31, Mississippi Code of 1972, is brought forward as follows:
9-5-31. (1) The Ninth Chancery Court District is composed of the following counties:
(a) Humphreys County;
(b) Issaquena County;
(c) Sharkey County;
(d) Sunflower County;
(e) Warren County; and
(f) Washington County.
(2) The Ninth Chancery Court District shall be divided into three (3) subdistricts as follows:
(a) Subdistrict 9-1 shall consist of the following precincts in the following counties:
(i) Sunflower County: Boyer-Linn, Drew, Fairview-Hale, Indianola 2 East*, Indianola 3 North*, Indianola 3 Northeast*, Indianola 3 South*, Rome, Ruleville, Ruleville North and Sunflower Plantation; and
(ii) Washington County: American Legion, Brent Center, Buster Brown Community Center, Darlove Baptist Church*, Elks Club, Extension Building, Grace Methodist Church*, Greenville Industrial College, Leland Health Department Clinic, Leland Rotary Club, Metcalf City Hall and Potter House Church.
(b) Subdistrict 9-2 shall consist of Humphreys County and the following precincts in the following counties:
(i) Sunflower County: Doddsville, Indianola 2 East*, Indianola 2 West, Indianola 3 North*, Indianola 3 Northeast*, Indianola 3 South*, Indianola Southeast, Inverness, Moorhead, Sunflower 3 and Sunflower 4; and
(ii) Washington County: Arcola City Hall, Christ Wesleyan Methodist Church, Darlove Baptist Church*, Glen Allan Health Clinic, Grace Methodist Church*, Hollandale City Hall, St. James Episcopal Church, Swiftwater Baptist Church, Tampa Drive and Ward's Recreation Center.
(c) Subdistrict 9-3 shall consist of Issaquena County, Sharkey County and Warren County.
SECTION 58. Section 9-5-33, Mississippi Code of 1972, is brought forward as follows:
9-5-33. There shall be three (3) chancellors for the Ninth Chancery Court District. One (1) chancellor shall be elected from each subdistrict.
SECTION 59. Section 9-5-35, Mississippi Code of 1972, is brought forward as follows:
9-5-35. The Tenth Chancery Court District is composed of the following counties:
(a) Forrest County;
(b) Lamar County;
(c) Marion County;
(d) Pearl River County; and
(e) Perry County.
SECTION 60. Section 9-5-36, Mississippi Code of 1972, is amended as follows:
9-5-36. (1) There shall be four (4) chancellors for the Tenth Chancery Court District.
(2) The four (4)
chancellorships shall be separate and distinct and denominated for purposes of
appointment and election only as "Place One * * *", "Place Two * * *", "Place Three" and
"Place Four." The chancellor to fill Place One and Place Four may be
a resident of any county in the district. The chancellor to fill Place Two
must be a resident of Lamar, Marion, Pearl River or Perry County. The chancellor
to fill Place Three must be a resident of Forrest County. Election of the four
(4) offices of chancellor shall be by election to be held in every county within
the Tenth Chancery Court District.
SECTION 61. Section 9-5-37, Mississippi Code of 1972, is brought forward as follows:
9-5-37. (1) The Eleventh Chancery Court District is composed of the following counties:
(a) Holmes County;
(b) Leake County;
(c) Madison County; and
(d) Yazoo County.
(2) The Eleventh Chancery Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 11-1 shall consist of Holmes County, Yazoo County and the following precincts in Madison County: Bible Church, Canton 4, Canton 5, Flora, Madison County Baptist Family Life Center, Magnolia Heights and Smith School;
(b) Subdistrict 11-2 shall consist of Leake County and the following precincts in Madison County: Bear Creek, Camden, Cameron, Canton 1, Canton 2, Canton 3, Canton 7, Cedar Grove, Cobblestone, Couparle, Gluckstadt, Highland Colony Baptist Church, Liberty, Lorman/Cavalier, Luther Branson School, Madison 1, Madison 2, Madison 3, Main Harbor, New Industrial Park, North Bay, Ratliff Ferry, Ridgeland 1, Ridgeland 3, Ridgeland 4, Ridgeland First Methodist Church, Ridgeland Tennis Center, Sharon, Sunnybrook, Tougaloo, Trace Harbor, Victory Baptist Church, Virlilia, Whisper Lake and Yandell Road.
SECTION 62. Section 9-5-38, Mississippi Code of 1972, is amended as follows:
9-5-38. There shall be
three (3) chancellors for the Eleventh Chancery Court District. The three (3)
chancellorships shall be separate and distinct. One (1) chancellor shall be
elected from Subdistrict 11-1 and denominated for purposes of appointment and
election only as "Place One * * *", one (1) chancellor shall be
elected from Subdistrict 11-2 and denominated for purposes of appointment and
election only as "Place Two * * *", and one (1) chancellor shall be
elected at large from the entire Eleventh Chancery Court District and
denominated for purposes of appointment and election only as "Place Three * * *".
SECTION 63. Section 9-5-39, Mississippi Code of 1972, is brought forward as follows:
9-5-39. The Twelfth Chancery Court District is composed of the following counties:
(a) Clarke County; and
(b) Lauderdale County.
SECTION 64. Section 9-5-40, Mississippi Code of 1972, is brought forward as follows:
9-5-40. (1) There shall be two (2) judges for the Twelfth Chancery Court District.
(2) The two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
SECTION 65. Section 9-5-41, Mississippi Code of 1972, is brought forward as follows:
9-5-41. (1) The Thirteenth Chancery Court District is composed of the following counties:
(a) Covington County;
(b) Jefferson Davis County;
(c) Lawrence County;
(d) Simpson County; and
(e) Smith County.
(2) There shall be two (2) chancellors for the Thirteenth Chancery Court District. The two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
SECTION 66. Section 9-5-43, Mississippi Code of 1972, is brought forward as follows:
9-5-43. (1) The Fourteenth Chancery Court District is composed of the following counties:
(a) Chickasaw County;
(b) Clay County;
(c) Lowndes County;
(d) Noxubee County;
(e) Oktibbeha County; and
(f) Webster County.
(2) The Fourteenth Chancery Court District shall be divided into three (3) subdistricts as follows:
(a) Subdistrict 14-1 shall consist of Chickasaw County, Webster County and the following precincts in Oktibbeha County: Bell Schoolhouse*, Bradley, Center Grove, Central Starkville*, Craig Springs, Double Springs, East Starkville*, Gillespie Street Center*, Maben, North Adaton, North Longview, North Starkville 2*, North Starkville 3, Northeast Starkville, Self Creek, South Adaton, South Longview, South Starkville*, Sturgis and West Starkville*.
(b) Subdistrict 14-2 shall consist of the following precincts in the following counties:
(i) Clay County: Cedar Bluff, Central West Point, East West Point, Siloam, South West Point and Vinton; and
(ii) Lowndes County: Air Base A, Air Base B, Air Base C, Air Base D, Air Base E, Brandon A, Brandon B, Brandon C, Brandon D, Caledonia, Columbus High School A, Columbus High School B, Columbus High School C, Columbus High School D, Dowdle Gas Training Center B, Fairgrounds C, Fairgrounds E, Fairgrounds F, Hunt C, Lee Middle School, Mitchell A, New Hope A, New Hope B, New Hope C, New Hope D, New Hope E, Rural Hill A, Rural Hill B, Rural Hill C, Sale A, Sale B, Sale C, Steens A, Steens B, Steens C, Trinity B, Union Academy B, Union Academy C and University A.
(c) Subdistrict 14-3 shall consist of Noxubee County and the following precincts in the following counties:
(i) Clay County: Cairo, Caradine, North West Point, Pheba, Pine Bluff, Tibbee, Union Star and West West Point;
(ii) Lowndes County: Artesia, Coleman A, Coleman B, Crawford A, Fairgrounds A, Fairgrounds B, Fairgrounds D, Fairgrounds G, Hunt A, Hunt B, Mitchell B, New Hope F, Plum Grove A, Plum Grove B, Plum Grove C, Propst Park Community Hut, Trinity A, Union Academy A, University B, West Lowndes A and West Lowndes B; and
(iii) Oktibbeha County: Bell Schoolhouse*, Central Starkville*, East Starkville*, Gillespie Street Center*, Hickory Grove, North Starkville 2*, Oktoc, Osborn, Sessums, South Starkville*, Southeast Oktibbeha and West Starkville*.
SECTION 67. Section 9-5-45, Mississippi Code of 1972, is brought forward as follows:
9-5-45. There shall be three (3) chancellors for the Fourteenth Chancery Court District. One (1) chancellor shall be elected from each subdistrict.
SECTION 68. Section 9-5-47, Mississippi Code of 1972, is brought forward as follows:
9-5-47. The Fifteenth Chancery Court District is composed of the following counties:
(a) Copiah County; and
(b) Lincoln County.
SECTION 69. Section 9-5-49, Mississippi Code of 1972, is brought forward as follows:
9-5-49. The Sixteenth Chancery Court District is composed of the following counties:
(a) George County;
(b) Greene County; and
(c) Jackson County.
SECTION 70. Section 9-5-50, Mississippi Code of 1972, is amended as follows:
9-5-50. (1) There shall be three (3) chancellors for the Sixteenth Chancery Court District.
(2) The three (3) chancellorships
shall be separate and distinct and denominated for purposes of appointment and
election only as "Place One * * *", "Place Two" and "Place
Three."
SECTION 71. Section 9-5-51, Mississippi Code of 1972, is brought forward as follows:
9-5-51. (1) The Seventeenth Chancery Court District is composed of the following counties:
(a) Adams County;
(b) Claiborne County;
(c) Jefferson County; and
(d) Wilkinson County.
(2) The Seventeenth Chancery Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 17-1 shall consist of Claiborne County, Jefferson County, and the following precincts in Adams County: Airport Carpenter*, Convention Center*, Foster Mound, Maryland*, Northside School, Palestine, Pine Ridge, Thompson and Washington*.
(b) Subdistrict 17-2 shall consist of Wilkinson County and the following precincts in Adams County: Beau Pre, Bellemont, By-Pass Fire Station, Carpenter*, Concord, Convention Center*, Courthouse, Duncan Park, Kingston, Liberty Park, Maryland*, Morgantown, Oakland and Washington*.
(3) There shall be two (2) chancellors for the Seventeenth Chancery Court District. One (1) chancellor shall be elected from each subdistrict.
SECTION 72. Section 9-5-53, Mississippi Code of 1972, is brought forward as follows:
9-5-53. The Eighteenth Chancery Court District is composed of the following counties:
(a) Benton County;
(b) Calhoun County;
(c) Lafayette County;
(d) Marshall County; and
(e) Tippah County.
SECTION 73. Section 9-5-54, Mississippi Code of 1972, is brought forward as follows:
9-5-54. (1) There shall be two (2) chancellors for the Eighteenth Chancery Court District.
(2) The two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
SECTION 74. Section 9-5-55, Mississippi Code of 1972, is brought forward as follows:
9-5-55. The Nineteenth Chancery Court District is composed of the following counties:
(a) Jones County; and
(b) Wayne County.
SECTION 75. Section 9-5-57, Mississippi Code of 1972, is brought forward as follows:
9-5-57. The Twentieth Chancery Court District shall be Rankin County.
SECTION 76. The following shall be codified as Section 9-5-60, Mississippi Code of 1972:
9-5-60. The Twenty-first Chancery Court District shall be DeSoto County.
SECTION 77. The following shall be codified as Section 9-5-62, Mississippi Code of 1972:
9-5-62. (1) There shall be three (3) chancellors for the Twenty-first Chancery Court District.
(2) For purposes of appointment and election, the two (2) judgeships shall be separate and district and denominated as "Place One", "Place Two" and "Place Three".
SECTION 78. Section 9-5-58, Mississippi Code of 1972, is amended as follows:
9-5-58. There shall be
three (3) chancellors for the Twentieth Chancery Court District. For purposes
of appointment and election the three (3) chancellorships shall be separate and
distinct and denominated for purposes of appointment and election only as
"Place One * * *",
"Place Two", and "Place Three * * *".
SECTION 79. Section 9-3-1, Mississippi Code of 1972, is brought forward as follows:
9-3-1. The state shall be divided into three (3) Supreme Court districts, as follows, to wit:
The counties of Bolivar, Claiborne, Copiah, Hinds, Holmes, Humphreys, Issaquena, Jefferson, Kemper, Lauderdale, Leake, Madison, Neshoba, Newton, Noxubee, Rankin, Scott, Sharkey, Sunflower, Warren, Washington and Yazoo shall constitute the First District.
The counties of Adams, Amite, Clarke, Covington, Forrest, Franklin, George, Greene, Hancock, Harrison, Jackson, Jasper, Jefferson Davis, Jones, Lamar, Lawrence, Lincoln, Marion, Pearl River, Perry, Pike, Simpson, Smith, Stone, Walthall, Wayne, and Wilkinson shall constitute the Second District.
The counties of Alcorn, Attala, Benton, Calhoun, Carroll, Chickasaw, Choctaw, Clay, Coahoma, DeSoto, Grenada, Itawamba, Lafayette, Lee, Leflore, Lowndes, Marshall, Monroe, Montgomery, Oktibbeha, Panola, Pontotoc, Prentiss, Quitman, Tallahatchie, Tate, Tippah, Tishomingo, Tunica, Union, Webster, Winston and Yalobusha, shall constitute the Third District.
SECTION 80. Section 23-15-993, Mississippi Code of 1972, is brought forward as follows:
23-15-993. For the purpose of all elections, each of the nine (9) judgeships of the Supreme Court shall be considered a separate office. The three (3) offices in each of the three (3) Supreme Court districts shall be designated Position Number 1, Position Number 2 and Position Number 3, and in qualifying for office as a candidate for any office of judge of the Supreme Court each candidate shall state the position number of the office to which he aspires and the regular election ballots shall so indicate. In Supreme Court District Number 1: Position Number 1 shall be that office for which the term ends in January 1966; Position Number 2 shall be that office for which the term ends in January 1965; and Position Number 3 shall be that office for which the term ends in January 1969. In District Number 2: Position Number 1 shall be that office for which the term ends in January 1972; Position Number 2 shall be that office for which the term ends in January 1969; and Position Number 3 shall be for that office for which the term ends in January 1973. In District Number 3: Position Number 1 shall be that office for which the term ends in January 1969; Position Number 2 shall be that office for which the term ends in January 1969; and Position Number 3 shall be that office for which the term ends in January 1965.
SECTION 81. Section 25-31-5, Mississippi Code of 1972, is brought forward as follows:
25-31-5. (1) The following number of full-time legal assistants are authorized in the following circuit court districts:
(a) First Circuit Court District.............. ten (10) legal assistants.
(b) Second Circuit Court District.......... eleven (11) legal assistants.
(c) Third Circuit Court District............... six (6) legal assistants.
(d) Fourth Circuit Court District..............six (6) legal assistants.
(e) Fifth Circuit Court District...............five (5) legal assistants.
(f) Sixth Circuit Court District............. three (3) legal assistants.
(g) Seventh Circuit Court District......... twelve (12) legal assistants. Effective July 1, 2023, through July 1, 2025, the Seventh Circuit Court District shall have fourteen (14) legal assistants.
(h) Eighth Circuit Court District.............three (3) legal assistants.
(i) Ninth Circuit Court District..............three (3) legal assistants.
(j) Tenth Circuit Court District.............. five (5) legal assistants.
(k) Eleventh Circuit Court District............five (5) legal assistants.
(l) Twelfth Circuit Court District.............five (5) legal assistants.
(m) Thirteenth Circuit Court District..........four (4) legal assistants.
(n) Fourteenth Circuit Court District.......... six (6) legal assistants.
(o) Fifteenth Circuit Court District......... seven (7) legal assistants.
(p) Sixteenth Circuit Court District........... six (6) legal assistants.
(q) Seventeenth Circuit Court District........ four (4) legal assistants.
(r) Eighteenth Circuit Court District...........two (2) legal assistants.
(s) Nineteenth Circuit Court District........ seven (7) legal assistants.
(t) Twentieth Circuit Court District......... seven (7) legal assistants.
(u) Twenty-first Circuit Court District....... four (4) legal assistants.
(v) Twenty-second Circuit Court District..... three (3) legal assistants.
(w) Twenty-third Circuit Court District ..... five (5) legal assistants.
(2) In addition to any legal assistants authorized pursuant to subsection (1) of this section, the following number of full-time legal assistants are authorized (i) in the following circuit court districts if funds are appropriated by the Legislature to adequately fund the salaries, expenses and fringe benefits of such legal assistants, or (ii) in any of the following circuit court districts in which the board of supervisors of one or more of the counties in a circuit court district adopts a resolution to pay all of the salaries, supplemental pay, expenses and fringe benefits of legal assistants authorized in such district pursuant to this subsection:
(a) First Circuit Court District................two (2) legal assistants.
(b) Second Circuit Court District...............two (2) legal assistants.
(c) Third Circuit Court District................two (2) legal assistants.
(d) Fourth Circuit Court District...............two (2) legal assistants.
(e) Fifth Circuit Court District................two (2) legal assistants.
(f) Sixth Circuit Court District................two (2) legal assistants.
(g) Seventh Circuit Court District..............two (2) legal assistants.
(h) Eighth Circuit Court District...............two (2) legal assistants.
(i) Ninth Circuit Court District................two (2) legal assistants.
(j) Tenth Circuit Court District................two (2) legal assistants.
(k) Eleventh Circuit Court District.............two (2) legal assistants.
(l) Twelfth Circuit Court District..............two (2) legal assistants.
(m) Thirteenth Circuit Court District...........two (2) legal assistants.
(n) Fourteenth Circuit Court District...........two (2) legal assistants.
(o) Fifteenth Circuit Court District............two (2) legal assistants.
(p) Sixteenth Circuit Court District............two (2) legal assistants.
(q) Seventeenth Circuit Court District..........two (2) legal assistants.
(r) Eighteenth Circuit Court District...........two (2) legal assistants.
(s) Nineteenth Circuit Court District...........two (2) legal assistants.
(t) Twentieth Circuit Court District............two (2) legal assistants.
(u) Twenty-first Circuit Court District.........two (2) legal assistants.
(v) Twenty-second Circuit Court District........two (2) legal assistants.
(w) Twenty-third Circuit Court District........two (2) legal assistants.
(3) The board of supervisors of any county may pay all or a part of the salary, supplemental pay, expenses and fringe benefits of any district attorney or legal assistant authorized in the circuit court district to which such county belongs pursuant to this section.
(4) The district attorney of any circuit court district may employ additional legal assistants or criminal investigators, or both, without regard to any limitation on the number of legal assistants authorized in this section or criminal investigators authorized by other provisions of law to the extent that the district attorney's office receives funds from any source. Any source shall include, but is not limited to, office generated funds, funds from a county, a combination of counties, a municipality, a combination of municipalities, federal funds, private grants or foundations, or by means of an Interlocal Cooperative Agreement authorized by Section 17-13-1 which may be expended for those positions in an amount sufficient to pay all of the salary, supplemental pay, expenses and fringe benefits of the positions. Such funds may either be paid out of district attorney accounts, transferred by the district attorney to the Department of Finance and Administration or to one or more of the separate counties comprising the circuit court district, and the funds shall be disbursed to such employees in the same manner as state-funded criminal investigators and full-time legal assistants. The district attorney shall report to the board of supervisors of each county comprising the circuit court district the amount and source of the supplemental salary, expenses and fringe benefits, and the board in each county shall spread the same on its minutes. The district attorney shall also report such information to the Department of Finance and Administration which shall make such information available to the Legislative Budget Office.
(5) The district attorney shall be authorized to assign the duties of a legal assistant regardless of the source of funding for such legal assistants.
SECTION 82. Section 25-31-10, Mississippi Code of 1972, is brought forward as follows:
25-31-10. (1) Any district attorney may appoint a full-time criminal investigator.
(2) The district attorneys of the Fifth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, Twentieth and Twenty-first Circuit Court Districts may appoint one (1) additional full-time criminal investigator for a total of two (2) full-time criminal investigators.
(3) The district attorneys of the First, Second, Third, Fourth, Nineteenth and Twenty-third Circuit Court Districts may appoint two (2) additional full-time criminal investigators for a total of three (3) full-time criminal investigators.
(4) The district attorney of the Seventh Circuit Court District may appoint one (1) additional full-time criminal investigator for a total of four (4) full-time criminal investigators.
(5) No district attorney or assistant district attorney shall accept any private employment, civil or criminal, in any matter investigated by such criminal investigators.
(6) The full and complete compensation for all public duties rendered by the criminal investigators shall be not more than Sixty-three Thousand Dollars ($63,000.00) per annum, to be determined at the discretion of the district attorney based upon the qualifications, education and experience of the criminal investigator, plus necessary travel and other expenses, to be paid in accordance with Section 25-31-8. However, the maximum salary under this subsection for a criminal investigator who has a law degree may be supplemented by the district attorney from other available funds, but not to exceed the maximum salary for a legal assistant to a district attorney.
(7) Any criminal investigator may be designated by the district attorney to attend the Law Enforcement Officers Training Program set forth in Section 45-6-1 et seq. The total expenses associated with attendance by criminal investigators at the Law Enforcement Officers Training Program shall be paid out of the funds of the appropriate district attorney.
(8) The district attorney shall be authorized to assign the duties of criminal investigators regardless of the source of funding for such criminal investigators.
SECTION 83. Section 99-36-7, Mississippi Code of 1972, is brought forward as follows:
99-36-7. (1) (a) In addition to the full-time legal assistants to the district attorney authorized by Section 25-31-5, the district attorney in each circuit court district in this state shall, subject to the approval of and upon the order of the senior circuit court judge of the district, employ one (1) person to serve at the will and pleasure of the district attorney as a "victim assistance coordinator" who shall not be considered to be a state employee.
(b) The District Attorney of the First Circuit Court District may appoint one (1) additional victim assistance coordinator, and the District Attorney of the Fourteenth Circuit Court District, upon the approval of the boards of supervisors, may appoint one (1) additional victim assistance coordinator, subject to the approval of and upon the order of the senior circuit court judge of the applicable district for a total of two (2) victim assistance coordinators per district.
(2) The duty of the victim assistance coordinator is to ensure that a victim, guardian of a victim, or close relative of a deceased victim is afforded the rights granted victims, guardians and relatives by Section 99-36-5. The victim assistance coordinator shall work closely with appropriate law enforcement agencies, prosecuting attorneys, the state and the judiciary in fulfilling that duty.
(3) The salary of the victim assistance coordinator shall not exceed the salary authorized for criminal investigators in Section 25-31-10, and shall be paid jointly by the counties comprising the circuit court district, with each county paying a pro rata share of the salary as determined by the senior circuit court judge.
(4) The board of supervisors of any county, with the approval of and upon the order of the senior circuit court judge of the district wherein such county lies, may, in addition to any victim assistance coordinator provided for in subsection (1) of this section, create the position of county victim assistance coordinator. The duty of the county victim assistance coordinator shall be to cooperate with local law enforcement agencies, the county attorney and the district attorney in assuring that a victim, guardian or close relative is afforded the rights granted by Section 99-36-5. Two (2) or more counties, by action of their respective boards of supervisors, with the approval of and upon the order of the senior circuit court judge of the district wherein such counties lie, may join in establishing and maintaining the position of victim assistance coordinator to serve these counties. Any municipality, by action of its governing authority, may participate in the establishment and maintenance of a county victim assistance coordinator's office located within the municipality.
(5) Any district attorney, county board of supervisors or governing authority of a municipality which has established or is participating in the maintenance of an office of victim assistance coordinator may apply through the Governor's Office of State and Federal Programs for a grant under the federal "Victims of Crimes Act of 1984" (Public Law 98-473) to be used in the continued operation of the victim assistance program.
SECTION 84. Candidates for new chancellorships and circuit judgeships created by this act shall run for those offices in a special election to be conducted in conjunction with the state-wide judicial elections held in November 2026. Candidates shall file his or her intent to be a candidate and otherwise qualify as provided by Section 23-15-977, and shall run for office and be elected as provided in Sections 23-15-974 through 23-15-985 (Nonpartisan Judicial Election Act). The judges elected shall begin to serve their four-year terms on January 1, 2027, and the terms of those offices shall thereafter be as provided for chancellors and circuit judges generally.
SECTION 85. Sections 75 and 76 of this act shall take effect and be in force from and after January 1, 2027, and the remainder of this act shall take effect and be in force from and after July 1, 2024, and shall stand repealed on June 30, 2024.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO BRING FORWARD SECTIONS 9-7-1, 9-7-3, 9-7-5, 9-7-9, 9-7-13, 9-7-15, 9-7-17, 9-7-19, 9-7-20, 9-7-21, 9-7-23, 9-7-25, 9-7-27, 9-7-29, 9-7-30, 9-7-31, 9-7-32, 9-7-33, 9-7-34, 9-7-41, 9-7-43, 9-7-45, 9-7-46, 9-7-47, 9-7-49, 9-7-53, 9-7-55, 9-7-57 AND 9-7-63, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR CIRCUIT COURT JUDGES, DISTRICTS AND TERMS OF COURT FOR DISTRICTS ONE TO TWENTY-THREE, FOR PURPOSES OF AMENDMENT; TO AMEND SECTIONS 9-7-7, 9-7-11, 9-7-14, 9-7-35, 9-7-37, 9-7-39, 9-7-42, 9-7-44, 9-7-51, 9-7-54 AND 9-7-64, MISSISSIPPI CODE OF 1972, TO CLARIFY LANGUAGE IN PROVISIONS OF LAW FOR CIRCUIT COURT DISTRICTS; TO BRING FORWARD SECTIONS 9-5-1, 9-5-3, 9-5-5, 9-5-9, 9-5-15, 9-5-17, 9-5-19, 9-5-21, 9-5-22, 9-5-23, 9-5-27, 9-5-31, 9-5-33, 9-5-35, 9-5-37, 9-5-39, 9-5-40, 9-5-41, 9-5-43, 9-5-45, 9-5-47, 9-5-49, 9-5-51, 9-5-53, 9-5-54, 9-5-55 AND 9-5-57, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR CHANCERY COURT JUDGES, DISTRICTS AND TERMS OF COURT FOR DISTRICTS ONE TO TWENTY; TO AMEND SECTIONS 9-5-7, 9-5-11, 9-5-13, 9-5-25, 9-5-29, 9-5-36, 9-5-38, 9-5-50 AND 9-5-58, MISSISSIPPI CODE OF 1972, TO CLARIFY LANGUAGE IN PROVISIONS OF LAW FOR CHANCERY COURT DISTRICTS; to create new sections 9-5-60 and 9-5-62, which create the twenty-first chancery court district; TO BRING FORWARD SECTIONS 9-3-1 AND 23-15-993, MISSISSIPPI CODE OF 1972, WHICH PROVIDE THE BOUNDARIES AND DESIGNATED POSITIONS FOR THE SUPREME COURT; TO BRING FORWARD SECTION 25-31-5, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
