Mississippi Code 1972 (2023) › Title 9 - COURTS (§§ 9-1-1 — 9-27-21) › Chapter 7 - CIRCUIT COURTS (§§ 9-7-1 — 9-7-201) › JUDGES, DISTRICTS, AND TERMS OF COURT (§§ 9-7-1 — 9-7-64) › Section 9-7-3 - Circuit court districts and terms of court; number of judges; powers and duties of judges

(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
.
Codes, 1930, § 473; 1942, § 1394; Laws, 1931, ch. 37; Laws, 1934, ch. 180; Laws, 1936, ch. 227; Laws, 1936, 1st Ex. ch. 13; Laws, 1954, ch. 254, § 1; Laws, 1971, ch. 344, § 1; Laws, 1984, ch. 443, § 2; Laws, 1985, ch. 502, § 22; Laws, 1994, ch. 564, § 38, eff. 9/6/1994 (the date the United States Attorney General interposed no objection to the amendment of this section).
Amended by Laws, 2015, ch. 476, HB 703, 31, eff. 4/22/2015.
Amended by Laws, 2013, ch. 361, HB 142, 2, eff. 10/22/2013 (the date that the U.S. Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).