Report: Senate Judicial Redistricting Plan Would Weaken Black Voting Power

It is essential that our trial court judges to represent the diversity of their communities. It's not just about the numbers; it's about ensuring a fair and equal distribution of voting power and the crucial role of a fair and representative judiciary.

Last week, the Senate Judiciary A Committee passed a comprehensive redistricting plan for our Circuit and Chancery Court Districts. While the plan only slightly changes the total number of trial court judges, it greatly reduces the number of Circuit Court districts where Black voters can elect a judge of their choice.

The Senate’s plan would significantly alter the judiciary in the Mississippi Delta and southwest portion of the state, even changing the composition of some circuit districts in a way that reduces Black voting strength. The plan was introduced, debated, and passed out of the committee in just 8 minutes.

Considering the present lack of diversity and the fact that Mississippi’s Black population has increased, we strongly oppose a redistricting plan that would reduce the number of opportunities Black voters have to elect Judges or District Attorneys of their choice. In fact, there is a strong case to be made that the Senate Plan violates the US Constitution and federal law. 


About the Plan

Currently, two Circuit Court Districts, 4 and 11, cover much of the Mississippi Delta. In all, seven Circuit Court Judges are elected in those two districts. The Senate plan merges those two districts into one and reduces the number of judges from 7 to 4. Because of the circuit merger, the Delta region would also lose a district attorney position. 

The Senate Plan also gerrymanders much of southwest Mississippi’s Black population by merging many of the counties now in Circuit Districts 6 and 22 into one District.

While Circuit District 22 is completely eliminated, Circuit District 6 would then include Adams, Amite, Claiborne, Jefferson, Pike, Walthall, and Wilkinson counties. There are currently a total of 3 Circuit Court Judges serving in those two districts. Under the Senate, there would be 2 judges. In addition to losing a Circuit Court Judge, the consolidation would also result in the loss of a District Attorney position in the region. 

Senator Brice Wiggins, chairman of Judiciary A, has stated that caseload and population would greatly influence the senate’s redistricting plan. However, that rule is not applied equally. 

Based on the committee’s own data, Circuit Court District 9, based largely in Warren County, has the lowest district population per judge in the state. Again, based on the Committee’s data, Circuit District 9 has the second lowest caseload per judge at 278. For reference, despite a slightly smaller overall population, the total cases per judge in Circuit District 22 is 853. However, the Senate Plan would eliminate District 22 while making no changes at all to District 9. 

The senate's plan would also reduce the Black Voting Age Population (BVAP) in several Circuit Districts.

While there are currently no Black judges in Circuit District 16, the district has elected and reelected a Black district attorney – Scott Colom. Under the Senate Plan, the district would remain based in the Golden Triangle. However, it inserts the majority-white  Webster County. That change would reduce District 16’s BVAP.

The Senate Plan also moves Pike County’s large Black population out of Circuit District 14 and packs it into the already majority-Black Circuit District 6. Overall, the changes to District 14 would reduce its BVAP from 42% to 37%. This would greatly reduce the ability of Black voters in that area to elect a judge or District Attorney of their choice.


Plan Breakdown by Circuit District

1. Circuit District 1

A.Circuit District 1

A.

No dramatic change under the Senate plan. The district still encompasses Northeast MS. 4 circuit Judges remain but the Senate Plan removes Monroe County.

Current Law (4 Judges)

Changes Under Senate Plan (4 Judges)

Counties in the District: Alcorn, Itawamba, Lee, Monroe, Pontotoc, Prentiss and Tishomingo.

Counties in the District: Alcorn, Itawamba, Lee, Pontotoc, Prentiss, and Tishomingo

How Judges are Elected: The four (4) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One,” “Place Two,” “Place Three” and “Place Four.” The judge to fill Place One must reside in Alcorn, Prentiss or Tishomingo County. The judges to fill Place Two and Place Three must reside in Itawamba, Lee, Monroe or Pontotoc County. The judge to fill Place Four may be a resident of any county in the district. Election of the four (4) offices of judge shall be by election to be held in every county within the First Circuit Court District. 

How Judges are Elected: The four (4) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One,” “Place Two,” “Place Three” and “Place Four.” The judge to fill Place One must reside in Alcorn, Prentiss or Tishomingo County. The judges to fill Place Two and Place Three must reside in Itawamba, Lee, or Pontotoc County. The judge to fill Place Four may be a resident of any county in the district. Election of the four (4) offices of judge shall be by election to be held in every county within the First Circuit Court District. 

BVAP: 19%

BVAP: 17.5%

 

2. Circuit District 2

A.Circuit District 2

A.

No changes from current law. 

  • Number of Judges: 4
  • Counties in the District: Hancock, Harrison, and Stone
  • BVAP: 21%

3. Circuit District 3

A.Circuit District 3

A.

No dramatic change under the Senate plan. 3 Circuit Judges remain but the Senate Plan removes Chickasaw County. 

Current Law (3 Judges)

Changes Under Senate Plan (3 Judges)

Counties in the District: Benton, Calhoun, Chickasaw, Lafayette, Marshall, Tippah and Union.

Counties in the District: Benton, Calhoun, Lafayette, Marshall, Tippah and Union.

How Judges are Elected: The three (3) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One,” “Place Two” and “Place Three.” MS Code § 9-7-14. The statute does not provide any more information.

How Judges are Elected: The three (3) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One,” “Place Two” and “Place Three.” MS Code § 9-7-14. The statute does not provide any more information.

BVAP: 27% (0 Black Judges)

BVAP: 25%

 

4. Circuit District 4

A.Circuit District 4

A.

Under the Senate plan, District 4 is no longer based in the Delta. It now covers all of DeSoto County.

Current Law (4 Judges)

Changes Under Senate Plan (3 Judges)

Counties in the District: Leflore, Sunflower, and Washington. The district is further divided into four subdistricts of precincts as laid out in MS Code § 9-7-15.

Counties in the District: DeSoto

How Judges are Elected: One circuit judge is elected from each subdistrict. MS Code § 9-7-17.

How Judges are Elected: For the purposes of appointment and election, the three (3) judgeships shall be separate and distinct and denominated as 1136 "Place One," "Place Two" and "Place Three."

BVAP: 70% (2 Black Judges)

BVAP: 29%

5. Circuit District 5

A.Circuit District 5

A.

Under the Senate Plan, Webster County is removed from District 5. No other changes.

Current Law (2 Judges)

Changes under Senate Plan (2 Judges)

Counties in the District: Attala, Carroll, Choctaw, Grenada, Montgomery, Webster, and Winston.

Counties in the District: Attala, Carroll, Choctaw, Grenada, Montgomery, and Winston.

How Judges are Elected: The two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One” and “Place Two.” MS Code § 9-7-20. The statute does not provide more information.

How Judges are Elected: The two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One” and “Place Two.” MS Code § 9-7-20. The statute does not provide more information.

BVAP: 38% (0 Black Judges)

BVAP: 39%

6. Circuit District 6

A.Circuit District 6

A.

Under the Senate Plan, much of Southwest Mississippi is moved into District 6. Claiborne, Jefferson, Pike and Walthall are added while Franklin is subtracted. The Senate Plan does not add any judges despite the additional counties.  The plan would also eliminate subdistricts and both Judges would be elected at-large.

Current Law (2 Judges)

Changes under Senate Plan (2 Judges)

Counties in the District: Adams, Amite, Franklin, and Wilkinson.

Counties in the District: Adams, Amite, Claiborne, Jefferson, Pike, Walthall and Wilkinson.

How are Judges Elected: The district is divided into two subdistricts consisting of precincts as laid out by statute in MS Code § 9-7-21. One judge is to be elected from each subdistrict.

How are Judges Elected: The district will be divided into two subdistricts. Subdistrict 6-1 would consist of Adams County, Claiborne County, Jefferson County and Wilkinson County. Subdistrict 6-2 would consist of Amite County,  Franklin County, and Pike County. 

BVAP: 50% (1 Black Judge)

BVAP: 55%

7. Circuit District 7

A.Circuit District 7

A.

There are no changes to Hinds County

  • BVAP 68%
  • 4 Black Judges

8. Circuit District 8

A.Circuit District 8

A.

There are no changes to District 8

  • Counties in the District: Leake, Neshoba, Newton and Scott.
  • BVAP: 31%
  • 0 Black Judges

9. Circuit District 9

A.Circuit District 9

A.

Despite its small population and low caseload, there are no changes to District 9 under the Senate Plan.

  • Counties in the District: Issaquena, Sharkey and Warren
  • BVAP: 48% 
  • 1 Black Judge

10. Circuit District 10

A.Circuit District 10

A.

Under the Senate Plan, Wayne County is removed from District 10. This would reduce the BVAP of the district. 2 Judges are elected at large.

Current Law (2 Judges)

Changes under Senate Plan (2 Judges)

Counties in the District: Clarke, Kemper, Lauderdale and Wayne.

Counties in the District: Clarke, Kemper, and Lauderdale.

How Judges are Elected: The two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One” and “Place Two.” MS Code § 9-7-32.

How Judges are Elected: The two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One” and “Place Two.”

BVAP: 42% (0 Black Judges)

BVAP: 47%

11. Circuit District 11

A.Circuit District 11

A.

Under the Senate Plan, District 11 encompasses much of the MS Delta region. LeFlore, Sunflower and Washington Counties are added to District 11. However, the District would continue with 3 judges, elected at large. Eliminating all existing subdistricts.

Current Law (3 Judges)

Changes under Senate Plan (3 Judges)

Counties in the District: Bolivar, Coahoma, Quitman and Tunica

Counties in the District: Bolivar, Coahoma, Quitman, LeFlore, Sunflower, Washington and Tunica.

How Judges are Elected: The district is divided into three subdistricts as described in MS Code § 9-7-33. One judge is elected from each subdistrict. MS Code § 9-7-34.

How Judges are Elected: The three (3) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One”, “Place Two” and “Place 3.”

BVAP: 68% (1 Black Judge)

BVAP: 69%

12. Circuit District 12

A.Circuit District 12

A.

No Changes under Senate Plan. (2 Judges)

  • Counties in the District: Forrest and Perry
  • 33% BVAP
  • 0 Black Judges

13. Circuit District 13

A.Circuit District 13

A.

Under the Senate Plan, Clarke and Jefferson Davis Counties are added to District 13. However, the District would continue with 2 judges, elected at large.

Current Law (2 Judges)

Changes under Senate Plan (2 Judges)

Counties in the District: Covington, Jasper, Simpson, and Smith.

Counties in the District: Covington, Jasper, Simpson, Clarke, Jefferson Davis and Smith.

How Judges are Elected: There shall be two (2) judges for the Thirteenth Circuit Court District. The two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One” and “Place Two.” MS Code § 9-7-37.

How Judges are Elected: There shall be two (2) judges for the Thirteenth Circuit Court District. The two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One” and “Place Two.” MS Code § 9-7-37.

BVAP: 35% (0 Black Judges)

BVAP: 37%

14. Circuit District 14

A.Circuit District 14

A.

Under the Senate Plan, Pike and Walthall Counties are removed and replaced with Copiah and Lawrence Counties. However, the District would continue with 2 judges, elected at large.

Current Law (2 Judges)

Changes under Senate Plan (2 Judges)

Counties in the District: Lincoln, Pike and Walthall.

Counties in the District: Copiah, Lawrence, and Lincoln.

How Judges are Elected: The two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One” and “Place Two.” MS Code § 9-7-39.

How Judges are Elected: There shall be two (2) judges for the Fourteenth Circuit Court District. The two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

BVAP: 42% (0 Black Judges)

BVAP: 37%

15. Circuit District 15

A.Circuit District 15

A.

Under the Senate Plan, Jefferson Davis and Lawrence Counties are removed from District 15. However, the District would continue with 3 judges, elected at large.

Current Law (3 Judges)

Changes under Senate Plan (3 Judges)

Counties in the District: Jefferson Davis, Lamar, Lawrence, Marion and Pearl River.

Counties in the District: Jefferson Davis, Lamar, Marion, Pearl River, and Walthall.

How Judges are Elected: The three (3) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One,” “Place Two,” and “Place Three.” The judge to fill Place One must be a resident of Jefferson Davis, Lamar, Lawrence or Marion County. The judge to fill Place Two may be a resident of any county in the district. The judge to fill Place Three must be a resident of Pearl River County. MS Code § 9-7-42.

How Judges are Elected: The three (3) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two," and "Place Three." The judge to fill  Place One must be a resident of Jefferson Davis County, Lamar County, or Marion County. The judge to fill Place Two may be a resident of any county in the district. The judge to fill Place  Three must be a resident of Pearl River County.

BVAP: 23% (0 Black Judges)

BVAP: 19%

16. Circuit District 16

A.Circuit District 16

A.

Under the Senate Plan, Webster County would be added to District 16. However, the District would continue with 3 judges.  These changes would likely make it harder for the current DA to win reelection.

Current Law (3 Judges)

Changes under Senate Plan (3 Judges)

Counties in the District: Clay, Lowndes, Noxubee and Oktibbeha.

Counties in the District: Clay, Lowndes, Noxubee, Oktibbeha and Webster.

How Judges are Elected: The three (3) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One,” “Place Two” and “Place Three.” The judge to fill Place One must be a resident of Lowndes County. The judge to fill Place Two must be a resident of Oktibbeha County. The judge to fill Place Three must be a resident of either Clay or Noxubee County. Election of the three (3) offices of judge shall be by election to be held in every county within the Sixteenth Circuit Court District. MS Code § 9-7-44.

How Judges are Elected: The three (3) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One,” “Place Two” and “Place Three.” The judge to fill Place One must be a resident of Lowndes County. The judge to fill Place Two must be a resident of Oktibbeha County. The judge to fill Place Three must be a resident of either Clay County, Noxubee County, or Webster County.

BVAP: 43% (0 Black Judges)

BVAP: 38%

17. Circuit District 17

A.Circuit District 17

A.

There are no changes to current law.

  • 2 Judges
  • Counties in the District: Panola, Tallahatchie, Tate and Yalobusha.
  • 0 Black Judges
  • 41% BVAP

18. Circuit District 18

A.Circuit District 18

A.

Under the Senate Plan, George, Greene and Wayne Counties are added with Jones. The District would continue with 2 judges, elected at large.

Current Law (2 Judges)

Changes under Senate Plan (2 Judges)

Counties in the District: Jones

Counties in the District: Jones, George, Greene, and Wayne. 

How Judges are Elected: For the purpose of appointment and election, the two (2) 1531 judgeships shall be separate and distinct, and be denominated as 1532 "Place One" and "Place Two."

How Judges are Elected: There shall be two (2) circuit judges for the Eighteenth Circuit Court District. The two (2) judgeships shall be separate and distinct and be denominated for the purpose of appointment and election as "Place One" and "Place Two." The judge to fill Place One must reside in Jones County, and the judge to fill Place Two must reside in either George County, Greene County, or Wayne County

BVAP: 27% (0 Black Judges)

BVAP: 25%

19. Circuit District 19

A.Circuit District 19

A.

Under the Senate Plan, George and Greene removed from District 19. Jackson County would be the only County in the district.  The district would continue with 3 judges, elected at large.

Current Law (3 Judges)

Changes under Senate Plan (3 Judges)

Counties in the District: George, Greene and Jackson

Counties in the District: Jackson. 

How Judges are Elected: How are Judges Elected: There shall be three (3) judges for the Nineteenth Circuit Court District. The three (3) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One,” “Place Two” and “Place Three.” MS Code § 9-7-51.

How Judges are Elected: How are Judges Elected: There shall be three (3) judges for the Nineteenth Circuit Court District. The three (3) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One,” “Place Two” and “Place Three.” MS Code § 9-7-51.

BVAP: 20% (0 Black Judges)

BVAP: 21%

20. Circuit District 20

A.Circuit District 20

A.

There are no changes under the Senate Plan.

  • Counties in the District: Madison and Rankin
  • 3 Judges
  • 0 Black Judges
  • 27% BVAP

21. Circuit District 21

A.Circuit District 21

A.

There are no changes under the Senate Plan.

  • Counties in the District: Holmes, Humphreys and Yazoo.
  • 1 Judge
  • 1 Black Judge
  • 69% BVAP

22. Circuit District 22

A.Circuit District 22

A.

The Senate Plan repeals this entire district.

  • Counties in the District: Claiborne, Copiah and Jefferson.
  • 1 Judge
  • 1 Black Judge
  • 63% BVAP

23. Circuit District 23

A.Circuit District 23

A.

The Senate Plan repeals this entire district. District 4 would encompass DeSoto.

  • Counties in the District: DeSoto.
  • 3 Judges
  • 0 Black Judges