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Senate Concurrent Resolution 5012025 Regular SessionAs Adopted by the Senate and House of RepresentativesBy Senator(s) Wiggins, Boyd, Turner-Ford,Thompson, Suber, Barrett, Blackmon,Fillingane, England, DeBar, McCaughn,McLendon, Simmons (12th), Hopson, Kirby,SparksA Concurrent ResolutionCommemorating and Honoring the30-Year Anniversary of the Establishmentof the Mississippi Court of Appeals andCommending Its Accomplishments.WHEREAS, we join the members of TheMississippi Bar and the citizens of Mississippiin honoring the Mississippi Court of Appealson the occasion of its 30th Anniversary; andWHEREAS, the Court of Appeals ofMississippi was statutorily created by theMississippi Legislature in 1994.%u00a0 The newappellate court was created due to the foresight of the Legislature, the Governor, theJudiciary, and The Mississippi Bar, to aidthe Mississippi Supreme Court in resolvingits overwhelming backlog of appeals and toshare the future caseload with the MississippiSupreme Court; andWHEREAS, the Legislature, theJudiciary, the Governor, and the MississippiBar Association, became increasingly alarmedby the backlog of appeals at the MississippiSupreme Court created by an increase inlitigation, interstate commerce, internationalcommerce and criminal cases.%u00a0 In 1987, theaverage delay between trial and decision by theMississippi Supreme Court had increased to715 days.%u00a0 In 1990, Mississippi had by far thelargest population of the eleven states that hadonly a single appellate court.%u00a0 Comprehensivestudies of the judiciary after 1985 led torecurring proposals for the creation of anintermediate court.%u00a0 In 1993, these effortsresulted in legislation being enacted to create afive-member intermediate appellate court withone judge from each of the then-existing congressional districts wherein the judges wouldstand for partisan elections during the 1994general election; andWHEREAS, during the 1994 legislativesession, the Legislature enacted newlegislation that doubled the size of the newappellate court to ten members and made thecourt nonpartisan.%u00a0 The 1994 legislation stillcalled for the judges to be elected during the1994 general election.%u00a0 Labor of countlesspersons made the new court of appeals possible.%u00a0 To ensure that the decisions in futureappeals were timely, the 1995 Legislaturepassed legislation requiring the new appellatecourt to issue a decision in every case thatwas filed on or after July 1, 1998, within270 days after the lawyers filed their finalbriefs.%u00a0 Prior to July 1, 1998, the new courtwas required to issue opinions expeditiously,thereby allowing the court time to overcomethe backlog of appeals; andWHEREAS, the first judges on this newcourt were sworn in on January 3, 1995, at apublic investiture service.%u00a0 The first judges onthe new court were as follows:%u00a0 Chief JudgeJohn Fraiser, Jr., who introduced the bill creating the Court of Appeals while serving inthe Mississippi Senate, Judge Frank Barber,Judge Billy Bridges (later a Chief Judge),Judge Thomas Coleman, Judge Oliver Diaz(later a Mississippi Supreme Court Justice),Judge Leslie King (later a Chief Judge andMississippi Supreme Court Justice), JudgeRoger McMillan (later a Chief Judge),Judge Mary Libby Payne, and Judge LeslieSouthwick (later a Fifth Circuit Court ofAppeals Judge).%u00a0 These initial judges workedearnestly in resolving the backlog of appealsresulting in the issuance of 529 opinions in1995, 615 opinions in 1996, 701 opinions in1997, and 578 opinions in 1998; andWHEREAS, as time progressed, theseinitial judges departed the court.%u00a0 Thefollowing judges stepped up to serve andcarry the torch of ensuring fair, impartial,and timely justice:%u00a0 in District 1, Judge RookMoore, Chief Judge Donna Barnes, JudgeDavid Chandler (later a Mississippi SupremeCourt Justice), Judge James Maxwell (latera Mississippi Supreme Court Justice), JudgeJim Greenlee, and Judge John Weddle; inDistrict 2, Judge Jim Herring, Judge TyreeIrving, Judge Deborah McDonald, JudgeErmea Jean Russell, Judge Ceola James, andJudge Latrice Westbrooks; in District 3, JudgeLarry Roberts, Judge Jack Wilson, Judge JimBrantley, Judge Thomas K. Griffis (later aMississippi Supreme Court Justice), JudgeCory Wilson (later a Fifth Circuit Courtof Appeals Judge), Judge John Emfinger; inDistrict 4, Judge Virginia Carter Carlton,Judge Greg Hinkebein, Chief Judge Joe Lee,Judge David McCarty; in District 5, JudgeBill Myers, Judge Eugene Fair, Judge Anthony(Tony) Lawrence, Judge David Ishee (later aMississippi Supreme Court Justice), JudgeSean Tindell, Judge Joel Smith and JudgeAmy St. P%u00e9; andWHEREAS, the Court of Appeals ofMississippi in its 30 years of service successfully resolved the alarming backlog of appealspending at the Mississippi Supreme Courtand hence forth has successfully shared theappellate caseload issuing over 15,365 meritopinions in a timely manner, issuing appellate decisions in an average of 200 days, andhandling over approximately 1000 motions ayear.%u00a0 The Court of Appeals also successfullyconducts community outreach and educationwith a traveling court on-the-road programwherein the court hears cases in communitiesaround the state, and by providing legal education classes to numerous groups, participating in externship programs for law students,and hosting groups at the court; andWHEREAS, it is with great pride thatwe recognize the history and level of commitment of this outstanding institution inthe Mississippi judicial branch of government and extend the heartfelt thanks of theLegislature to these judges and support staffwhose professional work has ensured fair,impartial and timely justice in Mississippi:NOW, THEREFORE, BE ITRESOLVED by the Senate of the State ofMississippi, the House of RepresentativesConcurring Therein, That we do herebycommemorate and honor the 30-year anniversary of the establishment of the MississippiCourt of Appeals and commend its accomplishments, and extend the heartfelt thanksof the Legislature to this institution for itsaccomplishments.BE IT FURTHER RESOLVED, That thisresolution be presented to the Chief Judge ofthe Mississippi Court of Appeals at appropriateceremonies recognizing the history of the courtand be made available to the Capitol Press Corps.12 SPRING 2025