The Rules – Mistakes (Part 2)

The Supreme Court Justices are responsible for the Rules. The Court has at least three different Committees made up of Supreme Court Justices. They spend a lot of time on the Rules, and this takes away from their other duties.

There are other Committees that help with the Rules. I serve on the Civil Rules Advisory Committee, which Chief Justice Waller praised in a recent order. The Civil Rules Advisory Committee is led by Circuit Judge Al Johnson and Collette Oldmixon. The Committee includes an outstanding mix of plaintiff lawyers, civil defense lawyers, an Attorney General representative, criminal defense attorneys, chancery judges, circuit judges, a county court judge, Dean of MC Law, and professors from both Ole Miss and MC.

This Committee has shown that the heavy lifting of Rules changes needs to be in the hands of attorneys and trial judges who are actually doing the work.

I believe the Rules would be current and more workable if lawyers and trial judges had more input and responsibility in the Rules.

(The Civil Rules Advisory Committee should be renamed the “Rules Advisory Committee” and expanded to include more criminal law representatives if the Supreme Court adopts the Miss. Rules of Criminal Procedure.)

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