Mississippi Judicial Performance Commission v. Rules
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3/27/97
IN THE SUPREME COURT OF MISSISSIPPI
NO. 89-R-99014
IN RE: PETITION FOR APPROVAL OF AMENDMENTS
TO RULES OF THE MISSISSIPPI COMMISSION
ON JUDICIAL PERFORMANCE
ORDER
This matter comes before the Court on petition of the Mississippi Commission on Judicial
Performance for approval of amendments to the Rules of the Mississippi Commission on Judicial
Performance. The Commission seeks amendments to Rules 1A, 10B and 11. The Court finds that the
petition should be granted and Rules 1A, 10B and 11, amended as set forth in Exhibit A to this order.
IT IS THEREFORE ORDERED that the petition of the Mississippi Commission on Judicial
Performance for approval of amendments to the Rules 1A, 10B, and 11 of the Rules of Mississippi
Commission on Judicial Performance is granted as set forth in Exhibit A to this order. The Clerk of
the Supreme Court shall spread this order on the minutes of the Court; and, forward this order and
Exhibit A to West Publishing Company for publication in the Southern Reporter, Mississippi Cases,
the official reporter of decisions of this Court, and in Mississippi Rules of Court.
SO ORDERED this the ________ day of , 1997.
FOR THE COURT:
__________________________________
DAN LEE, CHIEF JUSTICE
McRae, J., Not participating.
EXHIBIT A
RULE 1. GENERAL
A. Definitions. In these rules, unless the context or subject matter otherwise requires:
(3) "Judge" means a Justice of the Supreme Court or a judge of the Court of Appeals, Circuit Court,
Chancery Court, County Court, Family Court, Justice Court, Municipal Court, and all other courts in
existence in Mississippi, including someone serving as a part-time judge, special judge or a judge in
senior status. Reference to "the judge" shall mean any judge whose conduct or mental or physical
condition is under consideration.
RULE 10. SUPREME COURT REVIEW
B. Procedure. The Rules of the Supreme Court Mississippi Rules of Appellate Procedure shall be
applicable for all Commission proceedings before the Supreme Court, except as otherwise provided
in these rules.
RULE 11. CHARGES AGAINST JUSTICE OF THE SUPREME COURT
Charges against a Justice of the Supreme Court shall proceed in the same manner as charges against
any other judge except that, upon the filing of the report and recommendation of the Commission, a
special tribunal shall be empaneled as provided by Section 177A of the Mississippi Constitution of
1890. Upon recommendation by the Commission for discipline or retirement of a Justice of the
Supreme Court, the executive director shall notify the Secretary of State to select the tribunal in
accordance with the procedures established in the Constitution. These rules shall be applicable and In
the event a judge selected for the tribunal is disqualified or otherwise unable to serve, such judge shall
file a notice of recusal with the Clerk of the Supreme Court within thirty (30) days. The Clerk of the
Supreme Court shall notify the Secretary of State and another member shall be selected in the manner
provided by the constitution. When seven (7) qualified members have been selected the tribunal shall,
within thirty (30) days, meet and select one of its members as the presiding member of the tribunal.
The tribunal shall proceed in accordance with the Mississippi Rules of Appellate Procedure, except as
otherwise provided in these rules, and the Rules of the Commission, which shall control all
proceedings before the seven (7) member tribunal.
EXHIBIT A
RULE 1. GENERAL
A. Definitions. In these rules, unless the context or subject matter otherwise requires:
(3) "Judge" means a Justice of the Supreme Court or a judge of the Court of Appeals, Circuit Court,
Chancery Court, County Court, Family Court, Justice Court, Municipal Court, and all other courts in
existence in Mississippi, including someone serving as a part-time judge, special judge or a judge in
senior status. Reference to "the judge" shall mean any judge whose conduct or mental or physical
condition is under consideration.
RULE 10. SUPREME COURT REVIEW
B. Procedure. The Mississippi Rules of Appellate Procedure shall be applicable for all Commission
proceedings before the Supreme Court, except as otherwise provided in these rules.
RULE 11. CHARGES AGAINST JUSTICE OF THE SUPREME COURT
Charges against a Justice of the Supreme Court shall proceed in the same manner as charges against
any other judge except that, upon the filing of the report and recommendation of the Commission, a
special tribunal shall be empaneled as provided by Section 177A of the Mississippi Constitution of
1890. Upon recommendation by the Commission for discipline or retirement of a Justice of the
Supreme Court, the executive director shall notify the Secretary of State to select the tribunal in
accordance with the procedures established in the Constitution. In the event a judge selected for the
tribunal is disqualified or otherwise unable to serve, such judge shall file a notice of recusal with the
Clerk of the Supreme Court within thirty (30) days. The Clerk of the Supreme Court shall notify the
Secretary of State and another member shall be selected in the manner provided by the constitution.
When seven (7) qualified members have been selected the tribunal shall, within thirty (30) days, meet
and select one of its members as the presiding member of the tribunal. The tribunal shall proceed in
accordance with the Mississippi Rules of Appellate Procedure, except as otherwise provided in these
rules, and the Rules of the Commission, which shall control all proceedings before the seven (7)
member tribunal.
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