Judicial selection in Mississippi occurs through nonpartisan elections for most courts, except for municipal courts whose judges are appointed. Judges in the Supreme Court, Court of Appeals, Circuit Court, Chancery Court, County Court, and Justice Courts are elected to either 4- or 8-year terms through nonpartisan elections. If a vacancy occurs, governors appoint temporary replacements. Judges can be removed through actions by the Commission on Judicial Performance, impeachment by the House of Representatives, or action by the governor with support from the legislature.
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JUDICIAL SELECTION IN MISSISSIPPI (Ballotpedia 022318)
1. Judicial selection
in Mississippi
Mississippi Supreme Court
Method: Nonpartisan
election of judges
Term: 8 years
Mississippi Court of Appeals
Method: Nonpartisan
election of judges
Term: 8 years
Mississippi Circuit Court
Method: Nonpartisan
election of judges
Term: 4 years
Mississippi Chancery Court
Method: Nonpartisan
election of judges
Term: 4 years
Mississippi County Court
Method: Nonpartisan
election of judges
Term: 4 years
Mississippi Justice Courts
Method: Nonpartisan
election of judges
Judicial selection in Mississippi
Selection of the state court judges in Mississippi occurs
through the nonpartisan election of judges (except in the
municipal courts, where judges are appointed). Mississippi
was the first state in the union to begin electing judges by
popular vote.
While the general jurisdiction courts have varying policies on
judge qualifications (e.g. chief justice selection and term
length), they share common regulations on re-election and
the filling of interim vacancies. Likewise, the limited
jurisdiction courts function largely the same across the board,
differing primarily in judge qualifications.
Judges' terms on the supreme court and the court of appeals
begin on the first Monday in January following election.
Supreme Court
See also: Nonpartisan election of judges
There are nine justices on the Mississippi Supreme Court,
each elected to eight-year terms in nonpartisan elections. All
candidates must run in the general election (as Mississippi
holds no primary for judicial candidates) and must face re-
election if they wish to serve again. For more information
about these elections, visit the Mississippi judicial elections
page.
Unlike most states, supreme court justices in Mississippi are
elected to represent specific districts. The nine justices are
divided among three supreme court districts (not to be
confused with the 22 divisions of the circuit courts) and are
voted into office by the residents of their respective regions.
Only the states of Illinois, Kentucky and Louisiana use a
similar system.
The court's chief justice is selected by seniority. He or she
serves until retirement, at which point the justice with the next
most judicial experience becomes chief.
Qualifications
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2. Term: 4 yearsTo serve on this court, a judge must be:
a practicing attorney for at least five yrs;
a minimum of 30 years old;
a state citizen for at least five yrs.
Vacancies
If a midterm vacancy occurs on the court, a temporary judge is named by the governor.
Appointees serve out the remainder of their predecessor's unexpired term if four or fewer years of
the term remain. If there are more than four years remaining, the appointee will run in the next
general election, taking place nine months or more after the vacancy occurs, and then serve the
remainder of the term.
Court of Appeals
See also: Nonpartisan election of judges
There are ten judges on the Mississippi Court of Appeals, each elected to eight-year terms in
nonpartisan elections. All aspects of selection are shared with the Mississippi Supreme Court (re-
election, judicial qualifications, interim vacancies) except for the chief judge selection (with the
appellate court, the chief judge is appointed by the previous chief judge and serves for only four
years).
Circuit Court
See also: Nonpartisan election of judges
There are 51 judges on the Mississippi Circuit Courts, each elected to four-year terms in
nonpartisan elections. The circuit courts share the supreme court's regulations on re-election and
chief justice selection, but policies on interim vacancies and judicial qualifications differ slightly.
Qualifications
To serve on this court, a judge must be:
a practicing attorney for at least five yrs;
a minimum of 26 years old;
a state citizen for at least five yrs;
a district resident.
Vacancies
As with the supreme court, temporary vacancies are filled by gubernatorial appointment. Instead
of serving out the duration of their predecessor's term, however, appointees will simply face re-
election in the next general election taking place nine months or more after the appointment.
Limited jurisdiction courts
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3. Mississippi's limited jurisdiction courts (the chancery courts, county courts, justice courts and
municipal courts) vary in their selection processes.
Chancery Courts
See also: Nonpartisan election
Judges of the Mississippi Chancery Court are each elected to four-year terms. The elections for
this court are nonpartisan contested elections. To serve on this court, a judge must be at least 26
years old and have been a district (and state) resident for five years and have five years of
experience as an attorney.
County Courts
See also: Nonpartisan election
Judges of the Mississippi County Courts are each elected to four-year terms. The elections for
this court are nonpartisan contested elections. To serve on this court, a judge must be at least 26
years old, a state resident for five years and have five years of experience as an attorney.
Justice Courts
See also: Nonpartisan election
Judges of the Mississippi Justice Courts are each elected to four-year terms. The elections for
this court are nonpartisan contested elections. To serve on this court, a judge must be a qualified
elector, a county or district resident for two years, have a high school diploma or equivalent and
complete a training course and competency exam within six months of taking office.
Municipal Courts
Judges of the Mississippi municipal courts are each appointed to terms of varying lengths by the
governing body of the municipality. To serve on this court in cities with a population exceeding
10,000 people, a judge must be a have a law degree. There are 226 municipal courts in the
state. Most only have one judge, but a few have several.
Removal of Mississippi judges
Once a judge is elected and sworn in, the need to remove a judge from the bench may arise, no
matter the state. Interestingly, however, Mississippi has no process to evaluate the performance
or effectiveness of Mississippi judges either prior to re-election or during their time in office. In
Mississippi, judicial removal can occur in one of three ways.
Commission on Judicial Performance
The Mississippi Commission on Judicial Performance can recommend that a judge be removed.
This commission was proposed in 1979 by the state legislature and ultimately approved by
Mississippi voters as a constitutional amendment. The commission serves:
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4. “
To enforce the standards of judicial conduct,
To inquire into judicial liability and conduct,
To protect the public from judicial misconduct and disabled judges, and
To protect the judiciary from unfounded allegations. ”
The purpose of the commission is rehabilitative and educational, not just disciplinary. As a result,
the proceedings before the commission are always civil in nature and carry no criminal penalty.
Should the commission make a recommendation of removal or discipline, the Mississippi
Supreme Court may then choose to undertake to remove the judge or extend a lesser
punishment, such as a censure. The state supreme court may also retire a judge if it chooses.
Impeachment
The Mississippi House of Representatives may choose to impeach a judge. When this occurs, the
Mississippi State Senate must also vote to remove the judge before any action is taken.
Gubernatorial action
Finally, the governor may undertake to have a judge removed. He or she must make a "joint
address of two thirds of both houses of the legislature" before any removal may take place.
History
Judicial selection methods in Mississippi have undergone significant changes in the last 200
years. Below is a timeline noting the various stages, from the most recent to the earliest.
2008: Justice court elections were made nonpartisan.
2002: The vacancy policy was changed, so that the governor's appointees for the
supreme court and court of appeals will now finish the remainder of their predecessor's
unexpired term if four years or less remain. Prior to the passage of this statute,
appointees were required to run for election to keep the seat regardless of how much of
the term remained.
1999: Individual and political action committee (PAC) campaign contributions for the
supreme court and court of appeals were limited to $5,000. Contributions to candidates
of all other courts were limited to $2,500, and more extensive financial disclosure was
required. Also in 1999, the Nonpartisan Judicial Election Act was amended to prohibit
political parties from contributing to or endorsing judicial candidates. Former Governor
Fordice vetoed the bill in April 1998 but the legislature overrode the veto the following
January. The amendment was ultimately ruled unconstitutional by a federal district court
in October 2002.
1994: The Nonpartisan Judicial Election Act was put into place, barring candidates from
“campaigning or qualifying for such an office based on party affiliation” and requiring that
judicial candidates' names appear on the ballot without reference to political party.
Additionally, the number of justices on the newly-created court of appeals was increased
from five to ten.
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5. 1993: The court of appeals was established, comprised of five justices.
1914: Established that supreme court justices are to be elected by the people to eight-
year terms.
1890: Established that terms of circuit court judges are to be reduced from six years to
four.
1868: Established that all judges are to be appointed by the governor with senate
approval. Terms of the supreme court justices were reduced to nine years, terms of
circuit court judges were increased to six years, and terms of chancery court judges
were reduced to four years.
1832: Mississippi became the first state in the union to begin electing judges by popular
vote. Terms of the court of errors and appeals and the chancery court were reduced to
six years; terms of circuit court judges were reduced to four years.
1817: Established that all judges are to be appointed for life by both houses of the
general assembly.
Selection of federal judges
United States district court judges, who are selected from each state, go through a different
selection process from that of state judges.
The district courts are served by Article III federal judges, who are appointed for life during "good
behavior." They are usually first recommended by senators (or members of the House,
occasionally). The President of the United States nominates judges, who must then be confirmed
by the United States Senate in accordance with Article III of the United States Constitution.
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6. In other states
Click the map below to explore judicial selection processes in
other states.
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7. See also
Mississippi judicial elections
Campaign finance requirements for Mississippi judicial elections
Nonpartisan election of judges
Courts in Mississippi
External links
State of Mississippi Judiciary
Mississippi Secretary of State, "Elections"
American Judicature Society, "Judicial Selection in the States: Mississippi"
Footnotes
American Judicature Society, "History of Reform Efforts: Mississippi," archived October 2,
2014
1.
American Judicature Society, "Methods of Judicial Selection: Mississippi," archived
October 2, 2014
2.
American Judicature Society, "Methods of Judicial Selection: Mississippi; Limited
Jurisdiction Courts," archived October 2, 2014
3.
Justia', "Mississippi Code § 23-15-991," accessed December 28, 20164.
State of Mississippi Judiciary, "Supreme Court; Districts," accessed May 14, 20145.
VT
NH
MA
RI
CT
NJ
DE
MD
DC
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8. Ballotpedia includes 266,607 encyclopedic articles written and curated by our professional staff
of editors, writers, and researchers. To contact our editorial staff, click here. To report an error,
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State of Mississippi Judiciary, "About the Courts," accessed May 13, 20146.
American Judicature Society, "Retention Evaluation Programs," archived October 2, 20147.
American Judicature Society, "Removal of Judges," archived October 2, 20148.
Note: This text is quoted verbatim from the original source. Any inconsistencies are
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9.
Mississippi Commission on Judicial Performance, "What We Do," accessed August 26,
2014
10.
Only the first few references on this page are shown above. Click to show more.
Mississippi courts
Federal courts:
Fifth Circuit Court of Appeals • U.S. District Court: Northern District of Mississippi, Southern
District of Mississippi • U.S. Bankruptcy Court: Northern District of Mississippi, Southern District
of Mississippi
State courts:
Mississippi Supreme Court • Mississippi Court of Appeals • Mississippi circuit courts •
Mississippi Chancery Court • Mississippi county courts • Mississippi justice courts • Mississippi
youth courts • Mississippi Municipal Courts
State resources:
Mississippi counties • Mississippi judicial elections • Judicial selection in Mississippi
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