99-6-7.7 H
*** CONSTITUTION ***  12/03/01
    
99-6-7.7
    
    Paragraph VII. Discipline, removal, and involuntary retirement of
  judges.  (a)  Any judge may be removed, suspended, or otherwise
  disciplined for willful misconduct in office, or for willful and
  persistent failure to perform the duties of office, or for habitual
  intemperance, or for conviction of a crime involving moral
  turpitude, or for conduct prejudicial to the administration of
  justice which brings the judicial office into disrepute.  Any judge
  may be retired for disability which constitutes a serious and likely
  permanent interference with the performance of the duties of office.
  The Supreme Court shall adopt rules of implementation.
    
    (b)(1) Upon indictment for a felony by a grand jury of this state
    or by a grand jury of the United States of any judge, the Attorney
    General or district attorney shall transmit a certified copy of
    the indictment to the Judicial Qualifications Commission.  The
    commission shall, subject to subparagraph (b)(2) of this
    Paragraph, review the indictment, and, if it determines that the
    indictment relates to and adversely affects the administration of
    the office of the indicted judge and that the rights and interests
    of the public are adversely affected thereby, the commission shall
    suspend the judge immediately and without further action pending
    the final disposition of the case or until the expiration of the
    judge's term of office, whichever occurs first.  During the term
    of office to which such judge was elected and in which the
    indictment occurred, if a nolle prosequi is entered, if the public
    official is acquitted, or if after conviction the conviction is
    later overturned as a result of any direct appeal or application
    for a writ of certiorari, the judge shall be immediately
    reinstated to the office from which he was suspended.  While a
    judge is suspended under this subparagraph and until initial
    conviction by the trial court, the judge shall continue to receive
    the compensation from his office.  After initial conviction by the
    trial court, the judge shall not be entitled to receive the
    compensation from his office.  If the judge is reinstated to
    office, he shall be entitled to receive any compensation withheld
    under the provisions of this subparagraph.  For the duration of
    any suspension under this subparagraph, the Governor shall appoint
    a replacement judge.  Upon a final conviction with no appeal or
    review pending, the office shall be declared vacant and a
    successor to that office shall be chosen as provided in this
    Constitution or the laws enacted in pursuance thereof.
    
      (2) The commission shall not review the indictment for a period
    of 14 days from the day the indictment is received.  This period
    of time may be extended by the commission.  During this period of
    time, the indicted judge may, in writing, authorize the commission
    to suspend him from office. Any such voluntary suspension shall be
    subject to the same conditions for review, reinstatement, or
    declaration of vacancy as are provided in this subparagraph for a
    nonvoluntary suspension.
    
      (3) After any suspension is imposed under this subparagraph, the
    suspended judge may petition the commission for a review.  If the
    commission determines that the judge should no longer be
    suspended, he shall immediately be reinstated to office.
    
      (4) The findings and records of the commission and the fact that
    the public official has or has not been suspended shall not be
    admissible in evidence in any court for any purpose.  The findings
    and records of the commission shall not be open to the public.
      (5) The provisions of this subparagraph shall not apply to any
    indictment handed down prior to January 1, 1985.
    
      (6) If a judge who is suspended from office under the provisions
    of this subparagraph is not first tried at the next regular or
    special term following the indictment, the suspension shall be
    terminated and the judge shall be reinstated to office.  The judge
    shall not be reinstated under this provision if he is not so tried
    based on a continuance granted upon a motion made only by the
    defendant.
    
    (c) Upon initial conviction of any judge for any felony in a trial
  court of this state or the United States, regardless of whether the
  judge has been suspended previously under subparagraph (b) of this
  Paragraph, such judge shall be immediately and without further
  action suspended from office.  While a judge is suspended from
  office under this subparagraph, he shall not be entitled to receive
  the compensation from his office.  If the conviction is later
  overturned as a result of any direct appeal or application for a
  writ of certiorari, the judge shall be immediately reinstated to the
  office from which he was suspended and shall be entitled to receive
  any compensation withheld under the provisions of this subparagraph.
  For the duration of any suspension under this subparagraph, the
  Governor shall appoint a replacement judge.  Upon a final conviction
  with no appeal or review pending, the office shall be declared
  vacant and a successor to that office shall be chosen as provided in
  this Constitution or the laws enacted in pursuance thereof.  The
  provisions of this subparagraph shall not apply to any conviction
  rendered prior to January 1, 1987.