A.Membership and Terms. The membership of the Commission shall be as prescribed in Section 177A of the Mississippi Constitution of 1890 for such terms as prescribed by general law.B.Vacancies. When a judge ceases to be a judge of the court from which he was appointed or whenever any member becomes otherwise ineligible to hold office, his membership shall terminate. The Chairman shall promptly notify the appointing authority of the vacancy. The appropriate alternate member shall serve as a temporary replacement until such time as the appointing authority shall duly certify to the Commission a replacement member for the remainder of the unexpired term. An alternate member appointed to fill an unexpired term shall be eligible for an appointment for a full term. If a member who is a judge becomes a respondent to a formal complaint under Rule 6 before the Commission, that member shall be disqualified from attending meetings and shall not perform any Commission duties until the formal complaint is finally disposed of. The appointing authority shall be notified and shall appoint another alternate member to serve during the term of disability or disqualification. A formal complaint against a member shall be given highest priority on the Commission's docket and shall be brought to a conclusion expeditiously unless waived by the member.
C.Alternate Members. An alternate member shall serve in the place of a member of the same category whenever such member is absent, disqualified, unwilling or unable to serve.D.Disqualification. A member shall be disqualified to serve in any inquiry or complaint when (1) he is related to the judge or complainant by affinity or consanguinity, (2) the judge is a resident of his county, or (3) the member has personal knowledge or information which could interfere with the member impartially considering such matter. A member may voluntarily disqualify himself when (1) the member resides in the judge's judicial district; or (2) upon a showing of good cause, the Commission approves the member's request for voluntary disqualification.
E. Officers. A Chairman and Vice-Chairman shall be elected each year at the January meeting to serve from January 1 through December 31 of such year. The Vice-Chairman shall perform the duties of the Chairman whenever he is absent or unable to act.F.Executive Director. The Commission shall appoint a member of the Mississippi State Bar as executive director to serve at its pleasure. He shall neither engage in the private practice of law nor serve in any judicial capacity. The Commission shall prescribe the duties and responsibilities of the executive director, which may include the authority to:
(1) Receive information from any proper source, including allegations and complaints;(2) Make preliminary evaluations;(3) Screen complaints and make recommendations to the Commission;(4) Conduct and/or supervise investigations as directed by the Commission;(5) Maintain and preserve in confidentiality the Commission's records, including all complaints, files and written dispositions;(6) Maintain statistics concerning the operations of the Commission and make them available to the Commission and to the Supreme Court;(7) Prepare the Commission's budget for its approval and administer its funds;(8) Recommend employment and supervise other members of the Commission's staff;(9) Prepare an annual report of the Commission's activities;(10) Employ, upon the direction of the Commission, special counsel, private investigators or other experts as necessary to investigate and process matters before the Commission and before the Supreme Court; and(11) Represent the Commission as counsel in formal proceedings and in other proceedings, upon the direction of the Commission.(12) Represent the Commission at conferences, seminars, and other educational functions.G.Meetings. The Commission shall meet at least monthly at announced dates and places, except when there is no business to be conducted. Meetings shall be called by the Chairman or upon the written request of two (2) members.H.Quorum; Voting Requirements. Four members (or their alternates) shall constitute a quorum for the transaction of all Commission business. Commission business may be decided by a majority vote of the members present. A two-thirds (2/3) vote of the Commission shall be required for any action pertaining to its disciplinary authority.I.Rules and Forms. These rules shall control complaints to, investigations by, and proceedings by the Commission. The Commission may, for good cause, suspend any or all of its rules upon a two-thirds (2/3) vote of the Commission. The Commission shall prescribe such forms as it deems appropriate.J.Commission Office. The Commission shall establish a permanent office, in a building approved by the Capitol Commission, which shall be open to the public at regular announced hours.K.Finances. The expenses of the Commission shall be authorized to be paid in accordance with the approved Commission budget and in compliance with applicable procedures established by the Auditor of Public Accounts. In the event of an unanticipated funding shortage, the Commission shall not curtail the discharge of its constitutionally mandated operations, but shall authorize the executive director to seek a deficit appropriation to fund the Commission's operations. R. Miss. Comm'n. Jud. Perform. 3
Amended effective 6/29/1995; amended effective1/9/1998.