[02/01/02]The process to remove an elected judge from office could get easier if the Legislature approves a bill introduced by Sen. Mike Chaney, R-Vicksburg.

Chaney said that while the bill would address future cases similar to Warren County judge Gerald Hosemann’s, the bill was not written with Hosemann in mind.

“I introduced the same bill in 1997,” Chaney said.

Hosemann is still hearing cases while a felony aggravated assault charge is pending against him in Hinds County.

Under existing state election laws, removal of a judge first requires a petition with the signatures of at least 51 percent of the registered voters in the county. Warren County has about 31,370 voters, but in the most recent presidential election, 59 percent went to the polls. In practical terms, it would almost be impossible to get nearly 16,000 voters’ signatures verified.

Under the bill proposed by Chaney, it would not be necessary to acquire as many.

“This is an attempt to level the playing field so voters can recall a judge that may need to be removed from office,” Chaney said.

In the proposed legislation, the number of signatures required to recall a judge would be 50 percent plus 1 of the number of votes cast in the most recent election in which the judge was elected.

After the petition is approved by the Secretary of State’s Office, it would be up to a county board of supervisors to set a date for the recall election. The new law would require at least 60 percent of the vote be in favor of the recall to remove the judge.

If the judge is removed, it would be up to the governor to appoint an interim judge and call for a special election to fill the vacancy.

Chaney’s bill is before the Senate Elections Committee.

Hosemann, 49, has served as Warren County’s Youth and County court judge since 1986 and is up for re-election this November. He could not be reached for comment.

He is facing up to 20 years in prison for the Dec. 6 beating of Juanita “Nita” Johnston and has been free on bond since Dec. 29. Johnston, 47, was hospitalized for more than a month, most of which was under guard in intensive care.

As planned, a hearing before the Mississippi Commission on Judicial Performance took place Thursday. Reports are that hearing, closed to the public by law, lasted two hours. The full commission must now vote within 30 days on whether to ask the Supreme Court to remove Hosemann until the felony charge against him is resolved.

After the hearing, Hosemann’s attorney, William Kirksey, said temporary removal would set a bad precedent by creating a situation in which any judge could be removed merely by someone filing a criminal charge against the judge.