Miss. Code Ann. » Miss. Code Ann. / Title 25 / Chapter 5
Mississippi Code

Miss. Code Ann. § 25-5-23 (2024)

Removal council

✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
Find cases: SyfertCases citing this section JustiaMiss. Code CornellLII Search CasesGoogle Scholar

At the time and place designated in said notice, the Governor shall cause to be convened a removal council to be composed of three chancery judges appointed by the Governor, none of whom shall reside in the district in which the officer under question resides, to hear and determine whether there is substantial basis for a removal election consistently with the provisions of Sections 25-5-3 through 25-5-37. The senior chancellor shall serve as the presiding judge of the council. The hearing herein provided may continue from day to day and be recessed from time to time, as in the discretion of the council may be ordered. The qualified electors of the county shall likewise be given notice by proclamation of the Governor of the time and place of such hearing. Any interested citizen or citizens may likewise appear at said time and place and make such representations to the council as, in the discretion of the council, may be material to the issues involved. The council shall promulgate rules for such hearings, which shall be in writing, but all representations shall be made under oath, to be administered by some member of the council. It shall not be necessary that a stenographic record be kept of such representations, either for or against removal, but the testimony taken shall be heard as nearly as practicable in compliance with the usually applicable rules of evidence. All decisions of the council on any question, preliminary or final, including the question of whether just cause for an election has been shown, shall be final and not subject to review.

The elective officer concerned shall be entitled to be represented by counsel of his choice at said hearing.

Codes, 1942, § 4054-03; Laws, 1956, ch. 188, § 3, eff. 1/20/1956.

Notes of Decisions
Cited in 3 cases, 1983–1998 · leading case: Jimmy Smith v. William F. Winter, Governor of the State of Mississippi, Mike Carr, Chancellor, Etc., 717 F.2d 191 (5th Cir. 1983).
Sort: Relevance Newest Treatment
Jimmy Smith v. William F. Winter, Governor of the State of Mississippi, Mike Carr, Chancellor, Etc., 717 F.2d 191 (5th Cir. 1983). · cites it 2× “The second is the application of Miss.Code Ann. § 25-5-23, 1 “a statute unconstitutional on its face,” whereby the Removal Council promulgated rules to regulate the conduct of its hearing.”
In re Higginbotham, 716 So. 2d 631 (Miss. 1998). · cites it 4× “” Miss. Code Ann. § 25-5-23 . The scheme also provides that the governor’s determination whether any particular person was or was not a qualified or elector or whether such person has since died shall not be subject to review.”
Ralph Higginbotham v. Kirk Fordice, No. 93-CA-01172-SCT (Miss. Oct. 5, 1993). · cites it 4× “" Miss. Code Ann. § 25-5-23 . The scheme also provides that the governor's determination whether any particular person was or was not a qualified or elector or whether such person has since died shall not be subject to review.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.