Bill Text: MS HB1224 | 2024 | Regular Session | Introduced
Bill Title: Court administrators; revise manner for establishing office and revise Administrative Office of Courts to evaluate prospective hires.
Spectrum: Partisan Bill (Independent 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [HB1224 Detail]
Download: Mississippi-2024-HB1224-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary A; Appropriations A
By: Representative Yates
House Bill 1224
AN ACT TO AMEND SECTION 9-17-1, MISSISSIPPI CODE OF 1972, TO REVISE THE MANNER IN WHICH THE CIRCUIT JUDGES, CHANCELLORS AND COUNTY COURT JUDGES MAY ESTABLISH THE OFFICE OF COURT ADMINISTRATOR; TO REQUIRE THE ADMINISTRATIVE OFFICE OF COURTS TO DETERMINE IF A PROSPECTIVE COURT ADMINISTRATOR MEETS THE MINIMUM REQUIREMENTS BEFORE THE PERSON IS HIRED; TO AMEND SECTION 9-1-36, MISSISSIPPI CODE OF 1972, TO REQUIRE CIRCUIT JUDGES AND CHANCELLORS DESIRING TO EMPLOY SUPPORT STAFF TO HAVE CANDIDATES APPROVED BY THE ADMINISTRATIVE OFFICE OF COURTS BEFORE FILLING POSITIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-17-1, Mississippi Code of 1972, is amended as follows:
9-17-1. (1) * * * If a circuit or chancery
district contains more than one (1) judge or chancellor, the judges or chancellors
may * * *
establish jointly the office of court administrator * * * for that judicial district with
an order entered on the minutes of each * * * court in * * * that judicial district.
The establishment of the
office of court administrator shall be accomplished by vote of a majority of
the participating judges * * *and or chancellors in the * * * district, and such court
administrator shall be appointed by vote of a majority of the judges or
chancellors and may be removed by a majority vote of the judges or chancellors.
In case of a tie vote, the senior judge or senior chancellor shall cast two (2)
votes.
(2) As an alternative to subsection (1), in a circuit or chancery district containing more than one (1) judge or chancellor, a judge or chancellor independently may establish the office of court administrator for that judge's or chancellor's office with an order entered on the minutes of each court in that judicial district appointing the court administrator to serve at the will and pleasure of the hiring judge or chancellor.
(3) In a county court where there is more than one (1) county judge, the county judges may establish jointly the office of court administrator for that county court with an order entered on the minutes of that court.
The establishment of the office of court administrator shall be accomplished by vote of a majority of the county judges in the county, and the court administrator shall be appointed by a vote of a majority of the county judges and may be removed by a majority vote of the county judges. In the case of a tie vote, the senior county judge shall cast two (2) votes.
(4) In a county court with one (1) county judge, the office of court administrator shall be established with an order entered on the minutes of that court. The appointment of the court administrator shall be accomplished with an order entered on the minutes of the court stating that the court administrator serves at the will and pleasure of the county judge.
(5) Before a court administrator appointed under this section may be hired, the Administrative Office of Courts will evaluate the chosen applicant to determine if the applicant meets the minimum requirements of the position of court administrator.
(6) The court
administrators shall be provided office space in the same manner as such
is afforded the circuit judges * * *, chancellors and county judges.
( * * *7) The annual salary of * * * the court administrator appointed
pursuant to * * * subsection (1) shall be set by vote of the circuit
judges * * * or
chancellors of * * * the district and shall be submitted to
the Administrative Office of Courts for approval pursuant to Section 9-1-36.
The salary shall be paid in twelve (12) installments on the last working day of
the month by the Administrative Office of Courts after it has been authorized
by the participating judges and chancellors and an order has been duly placed
on the minutes of each participating court.
Any county within a judicial district having a court administrator shall transfer to the Administrative Office of Courts one-twelfth (1/12) of its pro rata cost of authorized compensation, as defined in Section 9-1-36, for the court administrator by the twentieth day of each month for the compensation that is to be paid on the last day of that month. The board of supervisors may transfer the pro rata cost of the county from the funds of that county pursuant to Section 9-17-5(2)(b).
( * * *8) The annual salary of each court administrator
appointed pursuant to subsection (2) shall be set by the appointing circuit judge
or chancellor and shall be submitted to the Administrative Office of Courts for
approval pursuant to Section 9-1-36. The salary shall be paid in twelve (12) installments
on the last working day of the month by the Administrative Office of Courts after
it has been authorized by the appointing judge or chancellor and an order has been
duly placed on the minutes of the participating court. A county within a judicial
district have a court administrator shall transfer to the Administrative Office
of Courts one-twelfth (1/12) of its pro rata cost of authorized compensation, as
defined in Section 9-1-36, for the court administrator by the twentieth day of each
month for the compensation that is to be paid on the last day of that month. The
board of supervisors may transfer the pro rata cost of the county from the funds
of that county pursuant to Section 9-17-5(2)(b).
(9) The annual salary of the court administrator appointed to subsection (3) shall be set by a vote of the county judges of the county and shall be paid by the county's board of supervisors.
(10) The annual salary of the court administrator appointed pursuant to subsection (4) shall be set by the county judge of the county and shall be paid by that county's board of supervisors.
(11) For all travel required in the performance of official duties, the court administrator shall be paid mileage by the county in which the duties were performed at the same rate as provided for state employees in Section 25-3-41, Mississippi Code of 1972. The court administrator shall file a certificate of mileage expense incurred during that term with the board of supervisors of each participating county and payment of such expense shall be paid proportionately out of the court administration fund established pursuant to Section 9-17-5.
SECTION 2. Section 9-1-36, Mississippi Code of 1972, is amended 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. 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 Thousand Dollars ($100,000.00) 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 3. This act shall take effect and be in force from and after July 1, 2024.
