Mississippi Supreme Court

From Judgepedia

The Supreme Court of Mississippi is the highest court in the state of Mississippi. It has nine justices who are elected from three judicial districts in the state to eight-year terms in non-partisan elections.^[1]

In 2008, ten candidates competed for four seats on the high court.^[2] The Court building is located in downtown Jackson, Mississippi, the state capital.

The court hears appeals from decisions of the Chancery, Circuit and County Courts, and from the Mississippi Court of Appeals.^[1]

Jurisdiction

The Mississippi Supreme Court has exclusive jurisdiction over capital punishment cases, along with annexations, bond issues, constitutionality challenges, death penalty cases, disciplinary matters involving attorneys and judges, election contests, certified questions from federal court, utility rates, cases of first impression and issues of broad public interest.^[3]

Case load

The reported total mandatory cases filed was 1,099, while 302 discretionary cases were filed in 2002. This is a total of 1401 cases.^[4]

The court's justices

Selection of justices

Non-partisan elections are staggered so that not all positions are up for election at once, and the nine justices serve eight-year terms. The court consists of one Chief Justice, two presiding justices, and six associate justices. Three judges represent each district, with a total of three geographical justices.

If a vacancy occurs, the governor of the state may appoint a justice. The appointed justice serves the remainder of the term, then must go to election to retain the seat. "Mississippi judges may be removed on the recommendation of the Mississippi Commission on Judicial Performance, the supreme court may censure, remove, or retire a judge.^[5], he or she may be impeached by two thirds of the house of representatives and removed by the senate, or may be removed by the governor on the joint address of two thirds of both houses of the legislature."^[6]

Qualifications

According to the Mississippi Constitution of 1890, article VI, §150, "a qualified candidate for the Supreme Court must be a practicing attorney, at least 30 years of age, and a citizen of the state for five years preceding the day of election."^[7] The fee for party candidates is $200, made payable to the appropriate state party executive committee.

Current justices

The Mississippi Supreme Court includes:

Currently, Lamar is the only woman justice and Graves is the only African-American justice, though neither is the first such justice to serve on the Court. The first such woman was Lenore Prather; the first African-American, Reuben Anderson. To date, no female African-American justice has served on the Mississippi high court.

Chief justice

Under state law, the chief justices and two presiding judges are chosen by seniority, however a majority of the court supports moving to a plan where they would elect the chief justice. Oliver Diaz, Chuck Easley and James Graves opposed the plan in 2008.^[8]

Upon former Chief Justice James Smith's loss in his 2008 re-election, a new Chief Justice was chosen. The investiture ceremony for Mississippi Supreme Court Chief Justice William Waller was at 11 a.m. Jan. 8, 2009, in the En Banc Courtroom of the Gartin Justice Building in Jackson, Mississippi.^[9]

2008 Elections

Mississippi Supreme Court District Map

In 2008, four seats were up for renewal, and all were contested. They are as follows:^[10]

• District 1, Place 3
  • Ceola James of Vicksburg.
  • Jim Kitchens of Crystal Springs.
  • Jim Smith of Brandon, the incumbent and Chief Justice.

• District 2 Place 2
  • Randy Pierce of Leakeville.
  • Oliver Diaz, the incumbent.
  • Paul Newton of Gulfport

• District 3, Place 1
  • Ann Lamar of Senatobia, the incumbent
  • Gene Barton of Okolona

• District 3, Place 2
  • David Chandler of Ackerman, who is on the court of appeals.
  • Charles Easley, the incumbent, of Columbus.

Election results

• Challenger Jim Kitchens (54% of the vote) defeated sitting Chief Justice James Smith (36% of the vote), and another challenger, Ceola James (10%).^[11]

• Challenger "Bubba" Pierce defeated incumbent Justice Oliver Diaz 58% to 42%.^[12]

• Incumbent Justice Ann Lamar defeated challenger Gene Barton 62% to 38%.^[13]

• Challenger David Chandler defeated incumbent Justice Charles Easley 67% to 33%.^[14]

History of the court

The first Constitution was created with the creation of the state in 1817. The court was first called the "High Court of Errors and Appeals," and the court's primary role was and is judicial review.

Salaries of the justices

• Chief justice, $115,390 annually.
• Presiding justice, $113,190.
• Associate justice, $112,530.

Court floods

The Mississippi Supreme Court rescheduled cases after the new Carroll Gartin Justice Building was flooded in May 2008. The building also houses the Court of Appeals.^[15]

Supreme Court races will renew conflicts

Since the state's first constitution was drafted in 1817, Mississippi has struggled over whether to appoint or elect judges. Historically, the fight erupted between three groups-the "aristocrats" who favored the appointment of all judges, the "half hogs" who wanted to elect some judges and have others appointed, and the "whole hogs" who wanted all judges elected. History shows that the "whole hogs" won in 1832 and Mississippi has been electing judges ever since. However, because of special interest spending that circumvents campaign finance laws, the battle is no longer between "whole hogs" or "aristocrats," but between pro-trial lawyer and pro-business/medical interests.^[16]

External links

• On the Side of Angels: Updating the Mississippi Supreme Court's View of the Judicial Role, 2004-2008
• From the Crossing of the Rubicon to the Return of the Republic: The Mississippi Supreme Court's View of the Judicial Role, 1980-2004
• Mississippi Supreme Court Official Site
• Other suggestions for funding judicial races
• Business and Industry Political Education Committee Report on Judicial Fairness
• Fringe Tactics: Special Interest Groups Target Judicial Races

References

Portions of this article have been taken from Wikipedia, the free encyclopedia. Copyright Notice can be found here.

The Mississippi Project on Judgepedia

Supreme Court Court of Appeals Federal court of appeal

Federal northern district for Mississippi Federal southern district for Mississippi