Bill Amendment: MS HB1752 | 2026 | Regular Session
Bill Title: Judges' salaries; increase and delete provision setting at level recommended by State Personnel Board.
Status: 2026-04-09 - Approved by Governor [HB1752 Detail]
Download: Mississippi-2026-HB1752-Senate_Committee_Amendment_No_1.html
Pending
COMMITTEE AMENDMENT NO 1 PROPOSED TO
House Bill No. 1752
BY: Committee
ADOPTED BY APPROPRIATIONS
PROPOSED
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. Section 9-21-45, Mississippi Code of 1972, which authorizes the Judicial System Operation Fund, is hereby repealed.
SECTION 2. Section 9-9-11, Mississippi Code of 1972, is amended as follows:
9-9-11. (1) Except as otherwise provided in subsections (2), (3) and (4), the county court judge shall receive an annual salary payable monthly out of the county treasury in an amount not to exceed One Thousand Dollars ($1,000.00) less than the salary which is now or shall hereafter be provided for circuit and chancery judges of this state, in the discretion of the board of supervisors of said county; provided, however, that the salary of such judge shall not be reduced during his term of office. Provided further, that the office of county court judge in any county receiving an annual salary of Thirty-six Thousand Dollars ($36,000.00) or more shall be a full-time position, and the holder thereof shall not otherwise engage in the practice of law.
(2) If a county court is established by agreement between two (2) or more counties as provided in Section 9-9-3, the county judge of the court so established shall be paid a salary equal to one and one-half (1-1/2) times that salary that he would be paid if he were the judge of the smallest of such two (2) or more counties, such salary to be paid in monthly installments as provided by law; provided that such salary shall not exceed One Thousand Dollars ($1,000.00) less than the salary of the circuit and chancery judges of this state.
(3) The county court judge shall receive an annual salary payable monthly out of the county treasury as follows:
(a) In any county having a population of seventy thousand (70,000) or more according to the 1980 federal census, the county judge shall receive an annual salary of One Thousand Dollars ($1,000.00) less than that paid to a circuit court judge. The office of county judge shall be a full-time position, and the holder thereof shall not otherwise engage in the practice of law.
(b) In any county having a population of sixty thousand (60,000) or more but less than seventy thousand (70,000) according to the 1980 federal census, the county judge shall receive an annual salary of Forty Thousand Dollars ($40,000.00). The office of county judge shall be a full-time position, and the holder thereof shall not otherwise engage in the practice of law. The county judge shall not be eligible for any additional salary except as may be authorized in subsection (4).
(c) In any county having a population of twenty-seven thousand (27,000) or more but less than sixty thousand (60,000) according to the 1980 federal census, the county judge shall receive an annual salary of not less than Twelve Thousand Dollars ($12,000.00) but not more than Forty Thousand Dollars ($40,000.00), in the discretion of the board of supervisors of said county. The county judge shall not be eligible for any additional salary except as may be authorized in subsection (4). In the event that the board of supervisors of said county elects to pay such county judge an annual salary of Thirty Thousand Dollars ($30,000.00) or more, the office of county judge shall be a full-time position, and the holder thereof shall not otherwise engage in the practice of law.
(d) In any county having a population of less than twenty-seven thousand (27,000) according to the 1980 federal census, the county judge shall receive an annual salary of not less than Four Thousand Two Hundred Dollars ($4,200.00) and not more than Eight Thousand Five Hundred Dollars ($8,500.00), in the discretion of the board of supervisors of said county. The county judge shall not be eligible for any additional salary except as may be authorized in subsection (4).
(4) The county judge of any county described in this subsection shall be paid the compensation, and he shall be subject to any restrictions set forth in the following paragraphs:
(a) The county judge of any such Class 1 county with a population according to the latest federal decennial census of forty-five thousand (45,000) or more and lying wholly within a levee district and having two (2) judicial districts shall, in the discretion of the board of supervisors of such county, receive an annual salary not exceeding Forty Thousand Dollars ($40,000.00), or a sum which is One Thousand Dollars ($1,000.00) less than the salary which is now or shall hereafter be provided for circuit and chancery judges of the state, whichever is greater.
(b) The county judge of any Class 1 county having an area in excess of nine hundred twenty-five (925) square miles shall receive an annual salary of not less than Thirty Thousand Dollars ($30,000.00) but, in the discretion of the board of supervisors of such county, such salary may be not more than Five Hundred Dollars ($500.00) less than the annual salary of a circuit judge, payable monthly out of the county treasury, and the county judge shall not practice law.
(c) The office of county judge in any such Class 1 county with a population according to the 1970 federal decennial census of greater than thirty-nine thousand (39,000), and where U.S. Highway 61 and Mississippi Highway 6 intersect, shall receive an annual salary to be paid in monthly installments of not less than an amount equal to ninety percent (90%) of the annual salary which is now or shall hereafter be provided for circuit and chancery judges of the state, as follows: The salary of the county judge shall be increased by ten percent (10%) annually above the base salary of the preceding year until such time as the judge's salary is equal to the amount that is provided by this subsection. The office of county judge shall be a full-time position and the holder thereof shall not otherwise engage in the practice of law.
(d) In any Class 1 county bordering on the Mississippi River and which has situated therein a national military park and national military cemetery, the office of county judge shall be a full-time position and the holder thereof shall not otherwise engage in the practice of law. The salary for the county judge in said county shall be fixed at a sum which is One Thousand Dollars ($1,000.00) less than the salary which is now or shall hereafter be provided for circuit and chancery judges of this state.
(e) The county judge in any county having a population of at least forty-two thousand one hundred eleven (42,111), according to the 1970 census, and where U.S. Highway 49E and U.S. Highway 82 intersect, shall receive an annual salary to be paid in monthly installments of not less than Thirty Thousand Dollars ($30,000.00) but not more than Two Thousand Five Hundred Dollars ($2,500.00) less than the annual salary of the circuit judge, in the discretion of the board of supervisors of said county.
(f) The county judge in any Class 1 county bordering on the Mississippi River and having an area of less than four hundred fifty (450) square miles wherein U.S. Highways 84 and 61 intersect shall receive an annual salary of Four Thousand Dollars ($4,000.00) less than the annual salary of a circuit judge, and such county judge shall not practice law in any manner. The county judge in such county shall not be eligible to receive any additional salary authorized by this section or from any other source other than that set out and authorized by this paragraph.
(g) The county judge of any Class 1 county bordering on the Mississippi River on the west and the State of Tennessee on the north, and traversed north to south by Interstate Highway 55, shall receive an annual salary of ninety percent (90%) of the salary which is now or shall hereafter be provided for chancery and circuit judges of this state, but in any event not less than Sixty Thousand Two Hundred Dollars ($60,200.00).
(h) The county judge of any Class 1 county with a population of greater than sixty-nine thousand (69,000) according to the 1980 federal decennial census, and wherein U.S. Highway 80 and Mississippi Highway 43 intersect, shall receive an annual salary in an amount not greater than the sum of Five Hundred Dollars ($500.00) less than the salary which is now or shall hereafter be provided for circuit and chancery judges of this state, in the discretion of the board of supervisors of said county.
(i) The county judge of any county having a population in excess of sixty-six thousand (66,000) according to the 1980 federal decennial census, wherein is located a state-supported university and in which U.S. Highways 49 and 11 intersect, shall receive an annual salary of One Thousand Dollars ($1,000.00) less than that paid to a circuit court judge. The office of such county judge shall be a full-time position, and the holder thereof shall not otherwise engage in the practice of law.
(j) The county judge of any county having two (2) judicial districts, having a population in excess of sixty-one thousand nine hundred (61,900) according to the 1980 federal decennial census, in which U.S. Interstate Highway 59 intersects with U.S. Highway 84, shall receive an annual salary of One Thousand Dollars ($1,000.00) less than the salary which is now or hereafter authorized to be paid circuit and chancery court judges of this state. The office of such county judge shall be a full-time position, and the holder thereof shall not otherwise engage in the practice of law.
(k) The office of county judge of any Class I county wherein U.S. Highway 51 and U.S. Highway 98 intersect shall be a full-time position and the holder thereof shall not otherwise engage in the practice of law. The annual salary for the office of county judge in said county may be fixed, in the discretion of the board of supervisors of said county, at a sum not to exceed Two Thousand Dollars ($2,000.00) less than the salary which is now or shall hereafter be provided for circuit and chancery judges of this state.
(l) The county judge of any county having a population of more than forty-one thousand six hundred (41,600) but less than forty-one thousand six hundred fifty (41,650) according to the 1980 federal census, and wherein U.S. Highway 49 intersects with Mississippi Highway 22, shall receive an annual salary payable monthly out of the county treasury of One Thousand Dollars ($1,000.00) less than the salary provided now or hereafter for circuit and chancery judges of this state.
(m) The county judge of any county having a population of more than fifty-seven thousand (57,000) but less than fifty-seven thousand one hundred (57,100) according to the 1980 federal census, wherein U.S. Highway 45 intersects with Mississippi Highway 6, shall receive an annual salary in an amount established by the board of supervisors, but in no event to exceed the salary provided now or hereafter for circuit and chancery judges of this state.
(n) The county judge of any county having a population of more than fifty-seven thousand three hundred (57,300) according to the 1980 federal decennial census, wherein is located a state-supported university and wherein U.S. Highways 82 and 45 intersect, shall receive an annual salary in an amount established by the board of supervisors, but in no event to exceed the salary provided now or hereafter for circuit and chancery judges of this state.
(5) The salary of a county court judge or justice court judge shall not be reduced during his term of office as a result of a population decrease based upon the 1990 federal decennial census.
(6) The salary of a sheriff shall not be reduced during his term of office as a result of a population decrease based upon the 1990 federal decennial census.
(7) Notwithstanding any provision of this section to the contrary, the board of supervisors of any county, in its discretion, may pay its county court judge an annual salary of One Thousand Dollars ($1,000.00) less than that paid to a circuit court judge. The office of county judge shall be a full-time position, and the holder thereof shall not otherwise engage in the practice of law.
(8) (a) There shall be
transferred to the county for each county court judge, payment to be made in
monthly installments from the * * *
State General Fund, an annual salary supplement of:
(i) From and after January 1, 2013, through December 31, 2013, the sum of Seven Thousand Nine Hundred Fifty-seven Dollars and Fifty Cents ($7,957.50), plus any applicable fringe benefits resulting from this amount;
(ii) From and after January 1, 2014, through December 31, 2014, the sum of Fifteen Thousand Nine Hundred Fifteen Dollars ($15,915.00), plus any applicable fringe benefits resulting from this amount;
(iii) From and after January 1, 2015, through December 31, 2015, the sum of Twenty-three Thousand Eight Hundred Seventy-two Dollars and Fifty Cents ($23,872.50), plus any applicable fringe benefits resulting from this amount; and
(iv) From and after January 1, 2016, through December 31, 2019, the sum of Thirty-one Thousand Eight Hundred Thirty Dollars ($31,830.00), plus any applicable fringe benefits resulting from this amount.
(b) From and after January
1, 2019, and every four (4) years thereafter, the annual salary in this
subsection (8) shall be adjusted according to the level of compensation
recommended by the State Personnel Board for county court judges in the board's
most recent report on judicial salaries, as required under Section 25-9-115, * * * if sufficient funds are available and provided
for this purpose by a specific, separate line-item appropriation by the
Legislature in the Supreme Court, Court of Appeals and trial judge services
appropriation bill. The State Personnel Board shall provide to the
Administrative Office of Courts the recommended level of compensation under
this paragraph (b) no more than one (1) time in a four-year period.
(c) The total annual
salary paid to the county court judge out of the county treasury and out of the * * *
State General Fund shall not exceed the salary limitation set forth in
subsection (7) of this section.
SECTION 3. Section 25-7-3, Mississippi Code of 1972, is amended as follows:
[From and after July 1, 2026 until July 1, 2028, this section shall read as follows:]
25-7-3. The Clerk of the Supreme Court shall charge the following fees:
(a) General
docket fee, for filing the record on appeal in a civil or criminal case............................. * * *$300.00
(b)
Miscellaneous docket fee............. * * *75.00
(c)
Confidential miscellaneous docket fee * * *300.00
(d) Admission
of new attorneys........... * * *45.00
(e) Act of Congress
certificate.......... * * *25.0038.00
(f)
Certificate of admission replacement. * * *38.00
(g)
Certificate of good standing replacement * * *15.00
(h) Attest
stamp........................ * * *8.00
(i) Order from
Minute Book............... * * *15.00
(j) Regular
copying................ * * *501.00 per page
(k) Copying from bound volumes or
records...................................... * * *3.00 per page
(l) Copy of
mandate..................... * * *15.00
(m) Minimum
copy charge................. * * *2.00
(n) Notary fee..........................
* * *4.00
(o) Decision
list charge................ * * *8.00
(p) Handling charge and retrieval and delivery charges on completed Supreme Court records (to be retained out of deposit)
On-site
retrieval................... * * *15.00
Off-site
retrieval.................. * * *23.00
(q) Forfeited
deposits on completed Supreme Court records * * *150.00
(r) Petition
for rehearing............... * * *75.00
Said general docket fee
shall be collected from the appellant by the clerk of the lower court and
forwarded to the Clerk of the Supreme Court. The Clerk of the Supreme Court shall
charge the maximum amount allowable by law for services rendered where charges
for such services are provided by statute; for any other services rendered, the
amount charged shall be consistent with the cost of providing such services.
All fees shall be paid in the form of cash, cashier's check, or money order or
by a check on the account of an attorney payable to the Clerk of the Supreme
Court. All fees authorized to be assessed and collected by the Clerk of the
Supreme Court shall be deposited into the State General Fund * * *.
[From and after July 1, 2028, this section shall read as follows:]
25-7-3. The Clerk of the Supreme Court shall charge the following fees:
(a) General
docket fee, for filing the record on appeal in a civil or criminal case............................. * * *$400.00
(b)
Miscellaneous docket fee............ * * *100.00
(c)
Confidential miscellaneous docket fee * * *400.00
(d) Admission
of new attorneys........... * * *60.00
(e) Act of
Congress certificate.......... * * *50.00
(f) Certificate
of admission replacement. * * *50.00
(g)
Certificate of good standing replacement * * *20.00
(h) Attest
stamp....................... * * *10.00
(i) Order from
Minute Book............... * * *20.00
(j) Regular
copying................ * * *501.00 per page
(k) Copying from bound volumes or
records...................................... * * *4.00 per page
(l) Copy of
mandate..................... * * *20.00
(m) Minimum
copy charge................. * * *2.00
(n) Notary fee..........................
* * *5.00
(o) Decision
list charge................ * * *10.00
(p) Handling charge and retrieval and delivery charges on completed Supreme Court records (to be retained out of deposit)
On-site
retrieval................... * * *20.00
Off-site retrieval..................
* * *30.00
(q) Forfeited
deposits on completed Supreme Court records * * *200.00
(r) Petition
for rehearing.............. * * *100.00
Said general docket fee
shall be collected from the appellant by the clerk of the lower court and
forwarded to the Clerk of the Supreme Court. The Clerk of the Supreme Court
shall charge the maximum amount allowable by law for services rendered where
charges for such services are provided by statute; for any other services
rendered, the amount charged shall be consistent with the cost of providing
such services. All fees shall be paid in the form of cash, cashier's check, or
money order or by a check on the account of an attorney payable to the Clerk of
the Supreme Court. All fees authorized to be assessed and collected by the
Clerk of the Supreme Court shall be deposited into the State General Fund * * *.
SECTION 4. Section 25-7-9, Mississippi Code of 1972, is amended as follows:
[From and after January 1, 2024, and through December 31, 2027, this section shall read as follows:]
25-7-9. (1) The clerks of the chancery courts shall charge the following fees:
(a) For the act of certifying copies of filed documents, for each complete document................................ $ 1.00
(b) (i) Recording each deed, will, lease, amendment, subordination, lien, release, cancellation, order, decree, oath, etc., per book and page listed where applicable, each deed of trust, or any other document, for the first five (5)
pages................................................ $ 25.00
(ii) Each additional page.............. $ 1.00
(c) (i) Recording oil and gas leases, cancellations, etc., including indexing in general indices; for the first five
(5) pages............................................ $ 25.00
(ii) Recording each oil and gas assignment, amendment of assignment, release, etc., first five (5)
pages................................................ $ 25.00
per additional assignee............................... $ 18.00
(iii) Each additional page............. $ 1.00
(iv) Sectional index entries per section or subdivision lot.................................................. $ 1.00
(v) Archive fee....................... $ 1.00
(vi) Entering marginal notations, if requested on document or by cover letter, pertaining to the recording of any oil and gas document only per book and page................... $ 4.00
(d) (i) Furnishing copies of any papers of record or on file:
If performed by the clerk or his employee,
per page............................................. $ .50
If performed by any other person,
per page............................................. $ .25
(ii) Entering marginal notations on
documents of record................................... $ 1.00
(e) For attending the board of supervisors' meeting, an annual sum not exceeding..................................... $ 2,500.00
(f) For other services as clerk of the board of supervisors an allowance shall be made to him (payable semiannually at the July and January meetings) out of the county treasury, an annual sum not exceeding..................................................... $ 5,500.00
(g) For each day's attendance on the chancery court, to be approved by the chancellor:
For the first chancellor sitting only, clerk and two (2) deputies, each..................................................... $ 85.00
For the second chancellor sitting, clerk only.......... $ 85.00
Provided that the fees herein prescribed shall be the total remuneration for the clerk and his deputies for attending chancery court.
(h) On order of the court, clerks and not more than two (2) deputies may be allowed five (5) extra days for each term of court for attendance upon the court to get up records.
(i) For public service not otherwise specifically provided for, the chancery court may by order allow the clerk to be paid by the county on the order of the board of supervisors, an annual sum not exceeding............................................ $ 5,000.00
(j) For each civil filing, to be deposited into the Civil Legal Assistance Fund................................. $ 5.00
The chancery clerk shall itemize on the original document a detailed fee bill of all charges due or paid for filing, recording and abstracting same. No person shall be required to pay such fees until same have been so itemized, but those fees may be demanded before the document is recorded.
(2) The following fee shall be a total fee for all services performed by the clerk with respect to any civil case filed that includes, but is not limited to, divorce, alteration of birth or marriage certificate, removal of minority, guardianship or conservatorship, estate of deceased, adoption that does not involve the Department of Child Protection Services, land dispute injunction, settlement of small claim, contempt, modification, partition suit, or commitment, which shall be payable upon filing and shall accrue to the chancery clerk at the time of filing. The clerk or his successor in office shall perform all duties set forth without additional compensation or fee $ 85.00
(3) For every civil case filed:
(a) An additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14................................................... $ 10.00
(b) An additional fee to be deposited to the
credit of the * * *
State General Fund................................... $ 40.00
(c) From and after July 1, 2026, in addition to the fee authorized in paragraph (b) of this subsection, an additional fee to be deposited to the credit of the State General Fund...... $ 20.00
(d) From and after July 1, 2028, in addition to the fees authorized in paragraphs (c) and (d) of this subsection, an additional fee to be deposited to the credit of the State General Fund $ 20.00
(4) Cost of process shall be borne by the issuing party. Additionally, should the attorney or person filing the pleadings desire the clerk to pay the cost to the sheriff for serving process on one (1) person or more, or to pay the cost of publication, the clerk shall demand the actual charges therefor, at the time of filing.
(5) For each civil case filed including an adoption involving the Department of Child Protection Services, the filing shall be exempt from any fee under this section.
[From and after January 1, 2028, this section shall read as follows:]
25-7-9. (1) The clerks of the chancery courts shall charge the following fees:
(a) For the act of certifying copies of filed documents, for each complete document................................ $ 1.00
(b) (i) Recording each deed, will, lease, amendment, subordination, lien, release, cancellation, order, decree, oath, etc., per book and page listed where applicable, each deed of trust, or any other document, for the first five (5)
pages................................................ $ 25.00
(ii) Each additional page.............. $ 1.00
(c) (i) Recording oil and gas leases, cancellations, etc., including indexing in general indices; for the first five (5) pages $ 25.00
(ii) Recording each oil and gas assignment, amendment of assignment, release, etc., first five (5)
pages................................................ $ 25.00
per additional assignee............................... $ 18.00
(iii) Each additional page............. $ 1.00
(iv) Sectional index entries per section or subdivision lot.................................................. $ 1.00
(v) Archive fee....................... $ 1.00
(vi) Entering marginal notations, if requested on document or by cover letter, pertaining to the recording of any oil and gas document only per book and page................... $ 4.00
(d) (i) Furnishing copies of any papers of record or on file:
If performed by the clerk or his employee,
per page............................................. $ .50
If performed by any other person,
per page............................................. $ .25
(ii) Entering marginal notations on
documents of record................................... $ 1.00
(e) For attending the board of supervisors' meeting an annual sum not exceeding..................................... $ 5,000.00
(f) For other services as clerk of the board of supervisors an allowance shall be made to him (payable semiannually at the July and January meetings) out of the county treasury, an annual sum not exceeding..................................................... $10,000.00
(g) For each day's attendance on the chancery court, to be approved by the chancellor:
For the first chancellor sitting only, clerk and two (2) deputies, each..................................................... $ 85.00
For the second chancellor sitting, clerk only.......... $ 85.00
Provided that the fees herein prescribed shall be the total remuneration for the clerk and his deputies for attending chancery court.
(h) On order of the court, clerks and not more than two (2) deputies may be allowed five (5) extra days for each term of court for attendance upon the court to get up records.
(i) For public service not otherwise specifically provided for, the chancery court may by order allow the clerk to be paid by the county on the order of the board of supervisors, an annual sum not exceeding............................................ $ 5,000.00
(j) For each civil filing, to be deposited into the Civil Legal Assistance Fund................................. $ 5.00
The chancery clerk shall itemize on the original document a detailed fee bill of all charges due or paid for filing, recording and abstracting same. No person shall be required to pay such fees until same have been so itemized, but those fees may be demanded before the document is recorded.
(2) The following fee shall be a total fee for all services performed by the clerk with respect to any civil case filed that includes, but is not limited to, divorce, alteration of birth or marriage certificate, removal of minority, guardianship or conservatorship, estate of deceased, adoption that does not involve the Department of Child Protection Services, land dispute injunction, settlement of small claim, contempt, modification, partition suit, or commitment, which shall be payable upon filing and shall accrue to the chancery clerk at the time of filing. The clerk or his successor in office shall perform all duties set forth without additional compensation or fee....... $ 85.00
(3) For every civil case filed:
(a) An additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14................................................... $ 10.00
(b) An additional fee to be deposited to the
credit of the * * *
State General Fund............................. $
* * *60.00
(c) From and after July 1, 2028, in addition to the fee authorized in paragraph (b) of this subsection, an additional fee to be deposited to the credit of the State General Fund...... $ 20.00
(4) Cost of process shall be borne by the issuing party. Additionally, should the attorney or person filing the pleadings desire the clerk to pay the cost to the sheriff for serving process on one (1) person or more, or to pay the cost of publication, the clerk shall demand the actual charges therefor, at the time of filing.
(5) For each civil case filed including an adoption involving the Department of Child Protection Services, the filing shall be exempt from any fee under this section.
SECTION 5. Section 25-7-13, Mississippi Code of 1972, is amended as follows:
25-7-13. (1) The clerks of the circuit courts shall charge the following fees:
(a) Docketing, filing, marking and registering each complaint, petition and indictment................................ $ 85.00
The fee set forth in this paragraph shall be the total fee for all services performed by the clerk up to and including entry of judgment with respect to each complaint, petition or indictment, including all answers, claims, orders, continuances and other papers filed therein, issuing each writ, summons, subpoena or other such instruments, swearing witnesses, taking and recording bonds and pleas, and recording judgments, orders, fiats and certificates; the fee shall be payable upon filing and shall accrue to the clerk at the time of collection. The clerk or his or her successor in office shall perform all duties set forth above without additional compensation or fee.
(b) Docketing and filing each motion to renew judgment, notice of renewal of judgment, suggestion for a writ of garnishment, suggestion for a writ of execution and judgment debtor actions and issuing all process, filing and recording orders or other papers and swearing witnesses............................................. $ 35.00
(c) For every civil case filed, an additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14.................... $ 10.00
(d) For every
civil case filed, an additional fee to be deposited to the credit of the * * *
State General Fund. $ 40.00
(e) For every civil case filed from and after July 1, 2026, in addition to the fee authorized in paragraph (d) of this subsection, an additional fee to be deposited to the credit of the State General Fund...................................................... $ 20.00
(f) For every civil case filed from and after July 1, 2028, in addition to the fees authorized in paragraphs (e) and (d) of this subsection, an additional fee to be deposited to the credit of the State General Fund.......................................... $ 20.00
(2) Except as provided in subsection (1) of this section, the clerks of the circuit court shall charge the following fees:
(a) Filing and marking each order or other paper and recording and indexing same...................................... $ 2.00
(b) Issuing each writ, summons, subpoena, citation, capias and other such instruments................................. $ 1.00
(c) Administering an oath and taking bond.... $ 2.00
(d) Certifying copies of filed documents, for each complete document.............................................. $ 1.00
(e) Recording orders, fiats, licenses, certificates, oaths and bonds:
First page........................................ $ 2.00
Each additional page.............................. $ 1.00
(f) Furnishing copies of any papers of record or on file and entering marginal notations on documents of record:
If performed by the clerk or his or her employee,
per page.............................................. $ 1.00
If performed by any other person, per page......... $ .25
(g) Judgment roll entry..................... $ 5.00
(h) Taxing cost and certificate.............. $ 1.00
(i) For taking and recording application for marriage license, for filing and recording consent of parents when required by law, for filing and recording medical certificate, filing and recording proof of age, recording and issuing license, recording and filing returns $ 35.00
The clerk shall deposit Fourteen Dollars ($14.00) of each fee collected for a marriage license in the Victims of Domestic Violence Fund established in Section 93-21-117, on a monthly basis.
(j) For certified copy of marriage license and search of record, the same fee charged by the Bureau of Vital Statistics of the State Board of Health.
(k) For public service not particularly provided for, the circuit court may allow the clerk, per annum, to be paid by the county on presentation of the circuit court's order, the following amount $5,000.00
However, in the counties having two (2) judicial districts, such above allowance shall be made for each judicial district.
(l) For drawing jurors and issuing venire, to be paid by the county................................................ $ 5.00
(m) For each day's attendance upon the circuit court term, for himself or herself and necessary deputies allowed by the court, each to be paid by the county.................................. $ 85.00
(n) Summons, each juror to be paid by the county upon the allowance of the court................................. $ 1.00
(o) For issuing each grand jury subpoena, to be paid by the county on allowance by the court, not to exceed Twenty-five Dollars ($25.00) in any one (1) term of
court................................................. $ 1.00
(p) For each civil filing, to be deposited into the Civil Legal Assistance Fund.................................. $ 5.00
(3) On order of the court, clerks and deputies may be allowed five (5) extra days for attendance upon the court to get up records.
(4) The clerk's fees in state cases where the state fails in the prosecution, or in cases of felony where the defendant is convicted and the cost cannot be made out of his or her estate, in an amount not to exceed Four Hundred Dollars ($400.00) in one (1) year, shall be paid out of the county treasury on approval of the circuit court, and the allowance thereof by the board of supervisors of the county. In counties having two (2) judicial districts, such allowance shall be made in each judicial district; however, the maximum thereof shall not exceed Eight Hundred Dollars ($800.00). Clerks in the circuit court, in cases where appeals are taken in criminal cases and no appeal bond is filed, shall be allowed by the board of supervisors of the county after approval of their accounts by the circuit court, in addition to the above fees, for making such transcript the rate of Two Dollars ($2.00) per page.
(5) The clerk of the circuit court may retain as his or her commission on all money coming into his or her hands, by law or order of the court, a sum to be fixed by the court not exceeding one-half of one percent (1/2 of 1%) on all such sums.
(6) For making final records required by law, including, but not limited to, circuit and county court minutes, and furnishing transcripts of records, the circuit clerk shall charge Two Dollars ($2.00) per page. The same fees shall be allowed to all officers for making and certifying copies of records or papers which they are authorized to copy and certify.
(7) The circuit clerk shall prepare an itemized statement of fees for services performed, cost incurred, or for furnishing copies of any papers of record or on file, and shall submit the statement to the parties or, if represented, to their attorneys within sixty (60) days. A bill for same shall accompany the statement.
SECTION 6. Section 27-19-56.534, Mississippi Code of 1972, is amended as follows:
27-19-56.534. (1) Any owner of a motor vehicle who is a serving or retired judge of the federal or state court system in this state, upon payment of the road and bridge privilege taxes, ad valorem taxes and registration fees as prescribed by law for private carriers of passengers, pickup trucks and other noncommercial motor vehicles, and upon payment of an additional fee in the amount provided in subsection (3) of this section, shall be issued a distinctive license tag bearing the word "judiciary" for any motor vehicle registered in his name. The distinctive license tags so issued shall be of such color and design as the Department of Revenue, with the advice of the Mississippi Supreme Court, may prescribe and shall consist of such letters or numbers, or both, as may be necessary to distinguish each license tag.
(2) Application for the distinctive license tags authorized by this section shall be made to the county tax collector on forms prescribed by the Department of Revenue. The application and the additional fee imposed under subsection (3) of this section, less Two Dollars ($2.00) thereof to be retained by the tax collector, shall be remitted to the Department of Revenue on a monthly basis as prescribed by the department. The portion of the additional fee retained by the tax collector shall be deposited into the county general fund.
(3) Beginning with any registration year commencing on or after July 1, 2021, any person applying for a distinctive license tag under this section shall pay an additional fee in the amount of Thirty Dollars ($30.00) for each distinctive license tag applied for under this section, which shall be in addition to all other taxes and fees. The additional fee paid shall be for a period of time to run concurrently with the vehicle's established license tag year. The additional fee is due and payable at the time the original application is made for a distinctive license tag under this section and thereafter annually at the time of renewal registration as long as the owner retains the distinctive license tag. If the owner does not wish to retain the distinctive license tag, he must surrender it to the local county tax collector.
(4) The Department of Revenue shall deposit all fees into the State Treasury on the day collected. At the end of each month, the Department of Revenue shall certify to the State Treasurer the total fees collected under this section from the issuance of the distinctive license tags issued under this section. The State Treasurer shall distribute such collections as follows:
(a) Twenty-four
Dollars ($24.00) of each additional fee collected on distinctive license tags
issued pursuant to this section shall be deposited into the * * *
State General Fund.
(b) One Dollar ($1.00) of each additional fee collected on distinctive license tags issued pursuant to this section shall be deposited into the Mississippi Burn Care Fund created pursuant to Section 7-9-70.
(c) Two Dollars ($2.00) of each additional fee collected on distinctive license tags issued pursuant to this section shall be deposited to the credit of the State Highway Fund to be expended solely for the repair, maintenance, construction or reconstruction of highways.
(d) One Dollar ($1.00) of each additional fee collected on distinctive license tags issued pursuant to this section shall be deposited to the credit of the special fund created in Section 27-19-44.2.
(5) A regular license tag must be properly displayed as required by law until replaced by a distinctive license tag under this section. The regular license tag must be surrendered to the tax collector upon issuance of the distinctive license tag under this section. The tax collector shall issue up to two (2) license decals for each distinctive license tag issued under this section, which will expire the same month and year as the regular license tag.
(6) In the case of loss or theft of a distinctive license tag issued under this section, the owner may make application and affidavit for a replacement distinctive license tag as provided by Section 27-19-37. The fee for a replacement distinctive license tag shall be Ten Dollars ($10.00). The tax collector receiving such application and affidavit shall be entitled to retain and deposit into the county general fund five percent (5%) of the fee for such replacement license tag and the remainder shall be distributed in the same manner as funds from the sale of regular distinctive license tags issued under this section.
SECTION 7. Section 99-19-72, Mississippi Code of 1972, is amended as follows:
99-19-72. (1) A filing fee of One Hundred Fifty Dollars ($150.00) is hereby levied on each petition to expunge an offense under Section 99-19-71 to be collected by the circuit clerk and distributed as follows:
(a) One Hundred
Dollars ($100.00) to be deposited into the * * * State General
Fund;
(b) Forty Dollars ($40.00) to be deposited into the District Attorneys Operation Fund; and
(c) Ten Dollars ($10.00) to be retained by the circuit clerk collecting the fee for administration purposes.
(2) From and after July 1, 2016, the expenses of district attorneys shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized by paragraphs (a) and (b) of subsection (1) of this section shall be deposited into the State General Fund as authorized by law and as determined by the State Fiscal Officer, and charges and fees authorized by paragraph (c) of subsection (1) of this section shall be retained by the circuit clerks for expenditures authorized by law.
SECTION 8. Section 25-3-35, Mississippi Code of 1972, is amended as follows:
25-3-35. (1) The annual salaries of the following judges are fixed as follows:
Through December 31, 2022:
Chief Justice of the Supreme Court............... $174,000.00
Presiding Justices of the Supreme Court, each.... 169,500.00
Associate Justices of the Supreme Court, each.... 166,500.00
From and after January 1, 2023:
Chief Justice of the Supreme Court............... $181,491.00
Presiding Justices of the Supreme Court, each.... 176,737.00
Associate Justices of the Supreme Court, each.... 173,800.00
There are imposed upon the Supreme Court justices the extra duties of taking all necessary action to promote judicial education in schools, intervention courts, electronic filing and case management systems as developed by the Administrative Office of Courts, or such other additional duties as may be assigned by the Chief Justice of the Supreme Court. For such extra services each justice, from and after January 1, 2023, shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (1).
The fixed salaries in this
subsection (1) shall be paid from the State General Fund. * * *
The fixed salaries as specified in this subsection (1) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.
(2) The annual salaries of the judges of the Court of Appeals of Mississippi are fixed as follows:
Through December 31, 2022:
Chief Judge of the Court of Appeals.............. $161,500.00
Associate Judges of the Court of Appeals, each... 158,500.00
From and after January 1, 2023:
Chief Judge of the Court of Appeals.............. $169,349.00
Associate Judges of the Court of Appeals, each... 168,467.00
From and after January 1, 2023, each judge shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (2).
The fixed salaries in this
subsection (2) shall be paid from the State General Fund. * * *
The fixed salaries as specified in this subsection (2) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.
(3) The annual salaries of the chancery and circuit court judges are fixed as follows:
Through December 31, 2022:
Chancery Judges, each........................... $149,000.00
Circuit Judges, each............................ 149,000.00
From and after January 1, 2023:
Chancery Judges, each........................... $158,000.00
Circuit Judges, each............................ 158,000.00
In addition to their present official duties, the circuit and chancery judges shall take necessary action to promote judicial education in schools, intervention courts, electronic filing and case management systems as developed by the Administrative Office of Courts, or such other additional duties as may be assigned by the Chief Justice of the Supreme Court. For such extra services each judge, from and after January 1, 2023, shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (3).
The fixed salaries in this
subsection (3) shall be paid from the State General Fund. * * *
(4) From and after January
1, 2019, and every four (4) years thereafter, the annual salaries of the judges
in subsections (1), (2) and (3) shall be fixed at the level of compensation
recommended by the State Personnel Board according to the board's most recent
report on judicial salaries, as required under Section 25-9-115, * * * if sufficient funds are available and provided
for this purpose by specific, separate line-item appropriations by the
Legislature in the Supreme Court, Court of Appeals and trial judge services
appropriation bill. * * * The State Personnel Board shall
provide to the Administrative Office of Courts the recommended level of
compensation under this subsection (4) no more than one (1) time in a four-year
period.
(5) The Supreme Court shall prepare a payroll for chancery judges and circuit judges and submit such payroll to the Department of Finance and Administration.
(6) The annual salary of the full-time district attorneys shall be:
From and after January 1, 2016, through December 31, 2022:
One Hundred Twenty-five Thousand Nine Hundred Dollars ($125,900.00).
From and after January 1, 2023, through December 31, 2025:
One Hundred Thirty-four Thousand Four Hundred Dollars ($134,400.00).
From and after January 1, 2026, through December 31, 2027:
One Hundred Fifty Thousand One Hundred Dollars ($150,100.00).
From and after January 1, 2028:
Ninety-five percent (95%) of the salary authorized by law for circuit and chancery court judges of this state.
(7) The annual salary of the full-time legal assistants shall be not less than Fifteen Thousand Dollars ($15,000.00) nor more than eighty percent (80%) of the salary of the district attorney for legal assistants who have been licensed to practice law for five (5) years or less; eighty-five percent (85%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least five (5) years but less than fifteen (15) years; and ninety percent (90%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least fifteen (15) years or more.
SECTION 9. Section 25-9-115, Mississippi Code of 1972, is amended as follows:
25-9-115. From and after November 1, 2017, and every four (4) years thereafter, the State Personnel Board shall prepare a written report to the Legislature that examines, evaluates and recommends an adequate level of compensation for the justices of the Supreme Court, the judges of the Court of Appeals, the judges of the chancery and circuit courts, the judges of the county courts, judicial staff attorneys, and law clerks. In preparing the report, the board shall consider all appropriate factors including, but not limited to, comparative judicial, judicial staff attorney, and law clerk salaries in neighboring states and in the Southeast as a whole; comparative judicial, judicial staff attorney, and law clerk salaries in the federal judiciary; salaries of comparable professionals in government, academia, private law practice and the corporate sector; changes in public sector spending; rates of inflation; and the overall economic climate. The State Personnel Board shall provide to the Administrative Office of Courts the report under this section no more than one (1) time in a four-year period.
SECTION 10. Section 9-1-36, Mississippi Code of 1972, is brought forward as follows:
9-1-36. (1) Each circuit judge and chancellor shall receive an office operating allowance for the expenses of operating the office of the judge, including retaining a law clerk, legal research, stenographic help, stationery, stamps, furniture, office equipment, telephone, office rent and other items and expenditures necessary and incident to maintaining the office of judge which may include expenses to travel out of state once per state fiscal year for continuing legal education classes and or seminars if approved by the Chief Justice. The allowance shall be paid only to the extent of actual expenses incurred by the judge as itemized and certified by the judge to the Supreme Court in the amounts set forth in this subsection; however, the judge may expend sums in excess thereof from the compensation otherwise provided for his office.
From and after July 1, 2023, the office operating allowance under this subsection shall be Fifteen Thousand Dollars ($15,000.00) per annum.
(2) In addition to the amounts provided for in subsection (1), there is created a separate office allowance fund for the purpose of providing support staff to judges. This fund shall be managed by the Administrative Office of Courts.
(3) Each judge who desires to employ support staff must have each candidate approved by the Administrative Office of Courts before the positions may be filled. The Administrative Office of Courts shall not approve any hire which does not first require the expenditure of the funds in the support staff fund for compensation of any of the support staff before expenditure is authorized of county funds for that purpose. Upon approval by the Administrative Office of Courts, the judge or judges may appoint the employees to the position or positions, and each employee so appointed will work at the will and pleasure of the judge or judges who appointed him but will be employees of the Administrative Office of Courts. Upon approval by the Administrative Office of Courts, the appointment of any support staff shall be evidenced by the entry of an order on the minutes of the court. When support staff is appointed jointly by two (2) or more judges, the order setting forth any appointment shall be entered on the minutes of each participating court.
(4) Support staff shall receive compensation pursuant to personnel policies established by the Administrative Office of Courts. Each judge shall be allotted the amount of One Hundred Thirty Thousand Dollars ($130,000.00) per fiscal year for all support staff approved by the Administrative Office of Courts.
The Administrative Office of Courts may approve expenditures from the fund for additional equipment for support staff appointed pursuant to this section in any year in which the allocation per judge is sufficient to meet the equipment expense after provision for the compensation of the support staff.
(5) For the purposes of this section, the following terms have the meaning ascribed in this subsection unless the context clearly requires otherwise:
(a) "Judges" means circuit judges and chancellors, or any combination thereof.
(b) "Support staff" means court administrators, law clerks, legal research assistants or secretaries, or any combination thereof, but shall not mean school attendance officers.
(c) "Compensation" means the gross salary plus all amounts paid for benefits or otherwise as a result of employment or as required by employment; however, only salary earned for services rendered shall be reported and credited for Public Employees' Retirement System purposes. Amounts paid for benefits or otherwise, including reimbursement for travel expenses, shall not be reported or credited for retirement purposes.
(d) "Law clerk" means a clerk hired to assist a judge or judges who has a law degree or who is a full-time law student who is making satisfactory progress at an accredited law school.
(6) Title to all tangible property, excepting stamps, stationery and minor expendable office supplies, procured with funds authorized by this section, shall be and forever remain in the State of Mississippi to be used by the circuit judge or chancellor during the term of his office and thereafter by his successors.
(7) Any circuit judge or chancellor who did not have a primary office provided by the county on March 1, 1988, shall be allowed an additional Seven Thousand Dollars ($7,000.00) per annum to defray the actual expenses incurred by the judge or chancellor in maintaining an office; however, any circuit judge or chancellor who had a primary office provided by the county on March 1, 1988, and who vacated the office space after that date for a legitimate reason, as determined by the Department of Finance and Administration, shall be allowed the additional office expense allowance provided under this subsection. The county in which a circuit judge or chancellor sits is authorized to provide funds from any available source to assist in defraying the actual expenses to maintain an office.
(8) The Supreme Court, through the Administrative Office of Courts, shall submit to the Department of Finance and Administration the itemized and certified expenses for office operating allowances that are directed to the court pursuant to this section.
(9) The Supreme Court, through the Administrative Office of Courts, shall have the power to adopt rules and regulations regarding the administration of the office operating allowance authorized pursuant to this section.
SECTION 11. Section 9-9-13, Mississippi Code of 1972, is brought forward as follows:
9-9-13. The governing body of any municipality with a population in excess of one hundred thousand (100,000) persons, upon determination that municipal security or efficiency is involved in the judicial process in the handling of appeals from municipal court and of related matters, may contract to supplement the salary of county judicial officers in the county in which such municipality is located in exchange for the surrender by such judicial officers of the right to engage in the practice of law. The salary of such judicial officer so supplemented shall not exceed the salary of circuit or chancery judges in such county or of municipal councilmen, whichever is less.
SECTION 12. This act shall take effect and be in force from and after July 1, 2026.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
