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In re Uniform Rules

Supreme Court of Mississippi
May 13, 2008
Nos. 89-R-99025-SCT, 89-R-99027-SCT (Miss. May. 13, 2008)

Opinion

Nos. 89-R-99025-SCT, 89-R-99027-SCT.

May 13, 2008.


ORDER


This matter is before the Court on its own motion to adopt Rule 4.06 of the Uniform Circuit and County Court Rules to provide for interlocutory appeal from county court to the Supreme Court. Also before the Court is the proposed amendment to the Comment of Rule 5 of the Mississippi Rules of Appellate Procedure.

IT IS THEREFORE ORDERED that Rule 4.06 of the Uniform Circuit and County Court Rules is hereby adopted, as follows:

Rule 4.06

INTERLOCUTORY APPEAL FROM COUNTY COURT

Interlocutory Appeal. An appeal from an interlocutory order in county court may be sought in the Supreme Court as provided in Rule 5 of the Mississippi Rules of Appellate Procedure. [Adopted effective July 1, 2008.]

IT IS FURTHER ORDERED that the Comment to Rule 5 of the Mississippi Rules of Appellate Procedure is amended, as follows:

Comment

This rule is a composite of Fed.R.App.P. 5, 28 U.S.C. § 1292(b) and American Bar Ass'n. Standards Relating to Appellate Courts § 3.12 (1977). See also, Ala. R. App. P. 5; Comment, 88 Harv. L.Rev. 607 (1975). It provides for interlocutory appeal from either Circuit, or Chancery and County Courts. See Sonford Products Corp. v. Freels, 495 So. 2d 468, 471 (Miss. 1986); Kilgore v. Barnes, 490 So. 2d 894 895, 896 (Miss. 1986); Southern Farm Bureau Cas. Ins. v. Holland, 469 So. 2d 55, 62-64 (Miss. 1985) (Anderson, J., concurring). It applies to both civil and criminal cases. Cf. State v. Caldwell, 492 So. 2d 575, 576-577 (Miss. 1986) (remedial writ granted where constitutional rights violated prior to criminal trial).

. . . .

[Comment amended effective April 15, 2004; amended effective July 29, 2004; amended effective December 9, 2004; Comment amended effective January 11, 2007; Comment amended effective July 1, 2008.]

IT IS ALSO ORDERED that the Clerk of this Court shall spread this Order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Second Series, (Mississippi Edition).

SO ORDERED, this the 13th day of May, 2008.

AGREE: SMITH, C.J., WALLER AND DIAZ, P.JJ., CARLSON, DICKINSON, RANDOLPH AND LAMAR, JJ.

DISAGREE: EASLEY AND GRAVES, JJ.

This matter is before the Court on the Court's own motion to amend Rule 8.01 of the Uniform Rules of Circuit and County Court Practice. After due consideration, the Court finds the amendment will promote the fair and efficient administration of justice and Rule 8.01 should be so amended.

IT IS THEREFORE ORDERED that Rule 8.01 of the Uniform Rules of Circuit and County Court Practice is hereby amended as set forth in Exhibit A. The amendment will become effective on July 1, 2008.

IT IS FURTHER ORDERED that the Clerk of the Court shall spread this Order upon the minutes of the Court and shall forward a true certified copy to West Publishing for publication in the Mississippi Rules of Court and in the Southern Reporter, Second Series, (Mississippi Edition).

SO ORDERED, this the 13th day of May, 2008.

EASLEY, J., OBJECTS WITH SEPARATE WRITTEN OBJECTION.


I object to the amendment to Rule 8.01 of the Uniform Rules of Circuit and County Court Practice regarding arraignments. While the amendment attempts to track the language of Mississippi Code Annotated Section 99-17-1, there exists the potential for an abuse of the amendment. The rights of criminal defendants are forever expanding while the rights of victims are ignored by the majority of this Court.

The amendment to the rule specifically requires that, "Within sixty (60) days of arraignment (or waiver thereof), the court shall enter an order setting a date for trial." Our circuit court system has a variety of serious challenges, which include: (1) overcrowded dockets due to an insufficient number of trial court judges and courtrooms, (2) time constraints due to the limited number of circuit court terms in most of the State's counties, and (3) a vast number of felony cases pending on the court dockets. In addition, the majority of the Supreme Court is ignoring the fact that most circuit court judges travel a multi-county circuit, thus, the name "circuit courts." Do these difficulties in our circuit court system qualify as "good cause" reasons to enter an order of continuance without bogging down the court system with needless hearings and interlocutory appeals to this Court on these basic grounds for a continuance?

Misunderstanding or inappropriate application of this generalized amendment to the rule could result in the vast dismissal of a large number of old, pending felony and misdemeanor criminal cases based on a technicality. In my opinion, that would be an injustice to the citizens of Mississippi. The best guardian of the trial schedule is the trial judge. At some point reality must prevail.

Exhibit A UNIFORM RULES OF CIRCUIT AND COUNTY COURT PRACTICE Rule 8.01 ARRAIGNMENT

Arraignment, unless waived by the defendant, shall be held within thirty (30) days after the defendant is served with the indictment. At or within sixty (60) days of arraignment (or waiver thereof), the court shall enter an order setting a date for trial. Unless good cause be shown, and a continuance granted by written order setting forth the reason for the continuance, an accused shall be brought to trial no later than two hundred seventy (270) days following arraignment (or waiver thereof).

Arraignment will shall be held in open court, andshall will consist of (i) reading the indictment to the accused;and, (ii) and calling upon the defendant to plead to the charge in the indictment. Prior to arraignment a copy of the indictment must shall be served on the defendant. Defendants who are jointly charged may be arraigned separately or jointly within the discretion of the court. If codefendants are arraigned at the same time and charged with the same offense, the indictments need be read only once, with stated identification of each defendant.

In all cases waiver of the reading of the indictment may be permitted if the defendant is represented by an attorney. Arraignment is deemed waived where when the defendant proceeds to trial without objection.

[Adopted effective May 1, 1995; Amended effective July 1, 2008, to provide that the matter shall be set for trial at or within 60 days of arraignment. Effective as to all arraignments on and after July 1, 2008.]


Summaries of

In re Uniform Rules

Supreme Court of Mississippi
May 13, 2008
Nos. 89-R-99025-SCT, 89-R-99027-SCT (Miss. May. 13, 2008)
Case details for

In re Uniform Rules

Case Details

Full title:IN RE UNIFORM RULES OF CIRCUIT AND COUNTY COURT PRACTICE, IN RE RULE OF…

Court:Supreme Court of Mississippi

Date published: May 13, 2008

Citations

Nos. 89-R-99025-SCT, 89-R-99027-SCT (Miss. May. 13, 2008)