H. BEAM, JUSTICE
matter is before the en banc Court on the Court's own
motion. After due consideration, the Court finds that Canon
5C(2) and Canon 5F of the Code of Judicial Conduct shall be
amended as set forth in Exhibit A.
THEREFORE ORDERED that the Code of Judicial Conduct is hereby
amended as set forth in Exhibit A. The amendments shall take
effect immediately upon entry of this Order.
FURTHER ORDERED that the Clerk of this Court shall spread
this Order upon the minutes of the Court and shall forward a
true copy hereof to West Publishing Company for publication
in the next edition of the Mississippi Rules of
Court and in the Southern Reporter, Third Series
RANDOLPH, C.J., COLEMAN, MAXWELL, BEAM, CHAMBERLIN, ISHEE AND
IN PART: KITCHENS, P.J.
IN PART AND DISAGREES IN PART: KING, P.J.
RANDOLPH, C.J., SPECIALLY CONCURRING WITH THE ORDER WITH
SEPARATE WRITTEN STATEMENT JOINED BY MAXWELL, BEAM,
CHAMBERLIN AND GRIFFIS, JJ.; ISHEE, J., JOINS IN PART.
P.J., OBJECTING TO THE ORDER IN PART WITH SEPARATE WRITTEN
STATEMENT JOINED BY KITCHENS, P.J.
TO THE ORDER
RANDOLPH, CHIEF JUSTICE, SPECIAL
The issue of whether language should be eliminated from Canon
5C(2) has been vetted for more than six months. The vetting
of Canon 5C(2) began shortly after the Report of the 2018
Special Committee on Judicial Election Campaign Intervention
was filed. This document was filed and furnished to all
members of this Court on May 30, 2019. Shortly after the
filing, the Mississippi Commission on Judicial Performance
and legal counsel met with members of this Court to vet this
Report and other matters related to Canon 5C(2). The language
also was vetted by this Court's Rules Committee on the
Legal Profession, followed by en banc discussions in the
ensuing months before entry of this Order.
The 2007 American Bar Association Model Code of Judicial
Conduct has never been fully incorporated into the
Mississippi canons. See Canon 5C(4) cmt. Much of the
ABA's 2007 revision was in response to the United States
Supreme Court ruling in RepublicanParty of
Minnesota v. White, 536 U.S. 765, 122 S.Ct. 2528, 153
L.Ed.2d 694 (2002). In White, the court ruled that a
state judicial-conduct rule that ...