MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Judiciary A
By: Representative Baker
AN ACT TO BRING FORWARD SECTIONS 9-5-5, 9-5-7, 9-5-9, 9-5-11, 9-5-13, 9-5-15, 9-5-19, 9-5-21, 9-5-22, 9-5-23, 9-5-25, 9-5-27, 9-5-29, 9-5-33, 9-5-35, 9-5-36, 9-5-39, 9-5-40, 9-5-41, 9-5-45, 9-5-47, 9-5-49, 9-5-50, 9-5-53, 9-5-54, 9-5-55, 9-5-57 AND 9-5-58, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR CHANCERY COURT DISTRICTS AND CHANCELLORSHIPS FOR PURPOSES OF AMENDMENT; TO AMEND SECTIONS 9-5-3, 9-5-17, 9-5-31, 9-5-37, 9-5-43 AND 9-5-51, MISSISSIPPI CODE OF 1972, TO UPDATE PRECINCTS FOR CHANCERY COURT DISTRICTS; TO BRING FORWARD SECTIONS 9-7-5, 9-7-7, 9-7-9, 9-7-11, 9-7-13, 9-7-14, 9-7-17, 9-7-19, 9-7-20, 9-7-23, 9-7-25, 9-7-27, 9-7-30, 9-7-31, 9-7-34, 9-7-35, 9-7-37, 9-7-39, 9-7-41, 9-7-42, 9-7-43, 9-7-44, 9-7-45, 9-7-46, 9-7-47, 9-7-49, 9-7-51, 9-7-53, 9-7-54, 9-7-55 AND 9-7-57, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR CIRCUIT COURT DISTRICTS AND JUDGESHIPS FOR PURPOSES OF AMENDMENT; TO AMEND SECTIONS 9-7-3, 9-7-15, 9-7-21, 9-7-23, 9-7-29 AND 9-7-33, MISSISSIPPI CODE OF 1972, TO UPDATE PRECINCTS FOR CHANCERY COURT DISTRICTS; TO BRING FORWARD SECTION 25-31-5, MISSISSIPPI CODE OF 1972, WHICH PROVIDES LEGAL ASSISTANTS FOR DISTRICT ATTORNEYS FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 25-31-10, MISSISSIPPI CODE OF 1972, WHICH PROVIDES CRIMINAL INVESTIGATORS FOR DISTRICT ATTORNEYS FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 99-36-7, MISSISSIPPI CODE OF 1972, WHICH PROVIDES VICTIM ASSISTANCE COORDINATORS FOR DISTRICT ATTORNEYS FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 23-15-977, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE QUALIFYING DEADLINE AND QUALIFYING FEES FOR JUDICIAL CANDIDATES, FOR THE PURPOSE OF AMENDMENT; TO BRING FORWARD SECTIONS 23-15-297 AND 23-15-299, MISSISSIPPI CODE OF 1972, WHICH PROVIDE THE QUALIFYING FEES AND DEADLINE FOR CANDIDATES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-5-3, Mississippi Code of 1972, is amended as follows:
9-5-3. (1) The state shall be divided into an appropriate number of chancery court districts, severally numbered and comprised of the counties as set forth in the sections which follow. A court to be styled "The Chancery Court of the County of ____" shall be held in each county, and within each judicial district of a county having two (2) judicial districts, at least twice a year. From and after January 1, 1995, the dates upon which court shall be held in chancery court districts consisting of a single county shall be the same dates state agencies and political subdivisions are open for business excluding legal holidays. The dates upon which terms shall commence and the number of days for which terms shall continue in chancery court districts consisting of more than one (1) county shall be set by order of the chancellor in accordance with the provisions of subsection (2) of this section. A matter in court may extend past such terms if the interest of justice so requires.
(2) An order establishing the commencement and continuation of terms of court for each of the counties within a chancery court district consisting of more than one (1) county shall be entered annually and not later than October 1 of the year immediately preceding the calendar year for which such terms of court are to become effective. Notice of the dates upon which the terms of court shall commence and the number of days for which such terms shall continue in each of the counties within a chancery court district shall be posted in the office of the chancery clerk of each county within the district and mailed to the office of the Secretary of State for publication and distribution to all members of the Mississippi Bar. In the event that an order is not timely entered as herein provided, the terms of court for each of the counties within any such chancery court district shall remain unchanged for the next calendar year.
(3) The number of chancellorships for each chancery court district shall be determined by the Legislature based upon the following criteria:
(a) The population of the district;
(b) The number of cases filed in the district;
(c) The case load of each chancellor in the district;
(d) The geographic area of the district;
(e) An analysis of the needs of the district by the court personnel of the district; and
(f) Any other appropriate criteria.
(4) The Judicial College of the University of Mississippi Law Center and the Administrative Office of Courts shall determine the appropriate:
(a) Specific data to be collected as a basis for applying the above criteria;
(b) Method of collecting and maintaining the specified data; and
(c) Method of assimilating the specified data.
(5) In a district having more than one (1) office of chancellor, there shall be no distinction whatsoever in the powers, duties and emoluments of those offices except that the chancellor who has been for the longest time continuously a chancellor of that court or, should no chancellor have served longer in office than the others, the chancellor who has been for the longest time a member of the Mississippi Bar, shall be the senior chancellor. The senior chancellor shall have the right to assign causes and dockets and to set terms in districts consisting of more than one (1) county.
(6) The Split Precinct Block List developed in conjunction with Joint Resolution No. 1 and Joint Resolution No. 201, 2012 Regular Session, that details the portions of the partial or split precincts that are contained within a district by census block number as such list is utilized to detail partial or split precincts for judicial districts in this chapter is hereby incorporated into and shall be construed to be an integral part of this chapter. Such partial or split precincts contained in the chapter shall be identifiable by an asterisk (*) which shall follow its designation within any electoral district. Any precinct referred to in this chapter shall be as they appear in the November 2010 Census Bureau TIGER Line Shape files.
SECTION 2. Section 9-5-5, Mississippi Code of 1972, is brought forward as follows:
9-5-5. The First Chancery Court District shall be comprised of the following counties:
(a) Alcorn County;
(b) Itawamba County;
(c) Lee County;
(d) Monroe County;
(e) Pontotoc County;
(f) Prentiss County;
(g) Tishomingo County; and
(h) Union County.
SECTION 3. Section 9-5-7, Mississippi Code of 1972, is brought forward as follows:
9-5-7. (1) There shall be four (4) chancellors for the First Chancery Court District.
(2) For purposes of appointment and election, the four (4) chancellorships 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 chancellor to fill Place One shall be a resident of Alcorn, Prentiss or Tishomingo County. The chancellors to fill Place Two and Place Three shall be a resident of Itawamba, Lee, Monroe, Pontotoc or Union County. The chancellor to fill Place Four shall be a resident of any county in the district. Election of the four (4) offices of chancellor shall be by election to be held in every county within the First Chancery Court District of Mississippi.
SECTION 4. Section 9-5-9, Mississippi Code of 1972, is brought forward as follows:
9-5-9. The Second Chancery Court District shall be comprised of the following counties:
(a) Jasper County;
(b) Newton County; and
(c) Scott County.
SECTION 5. Section 9-5-11, Mississippi Code of 1972, is brought forward as follows:
9-5-11. (1) The Third Chancery Court District shall be comprised of the following counties:
(a) DeSoto County;
(b) Grenada County;
(c) Montgomery County;
(d) Panola County;
(e) Tate County; and
(f) Yalobusha County.
(2) The Third Chancery Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 3-1 shall consist of DeSoto County.
(b) Subdistrict 3-2 shall consist of Grenada County, Montgomery County, Panola County, Tate County and Yalobusha County.
SECTION 6. Section 9-5-13, Mississippi Code of 1972, is brought forward as follows:
9-5-13. (1) There shall be three (3) chancellors for the Third Chancery Court District.
(2) (a) The chancellor of Subdistrict 3-1 shall be elected from DeSoto County. The two (2) chancellors of Subdistrict 3-2 shall be elected from Grenada County, Montgomery County, Panola County, Tate County and Yalobusha County.
(b) For purposes of appointment and election, the three (3) chancellorships shall be separate and distinct. The chancellorship in Subdistrict 3-1 shall be denominated only as "Place One," and the chancellorships in Subdistrict 3-2 shall be denominated only as "Place Two" and "Place Three."
SECTION 7. Section 9-5-15, Mississippi Code of 1972, is brought forward as follows:
9-5-15. The Fourth Chancery Court District shall be comprised of the following counties:
(a) Amite County;
(b) Franklin County;
(c) Pike County; and
(d) Walthall County.
SECTION 8. Section 9-5-17, Mississippi Code of 1972, is amended as follows:
9-5-17. (1) The Fifth Chancery Court District shall be comprised of Hinds County.
(2) The Fifth Chancery Court District shall be divided into the following four (4) subdistricts:
(a) Subdistrict 5-1 shall consist of the following precincts in Hinds County: Precincts 33, 34, 35, 36, 44, 45, 46, 78, 79, 72, 73, 74, 75, 76, 77, 92, 93, 96, 1, 2, 4, 5, 6, 8, 9, 10, 32, 47 and 97.
(b) Subdistrict 5-2 shall consist of the following precincts in Hinds County: Precincts 37, 38, 39, 40, 41, 42, 43, 80, 81, 82, 83, 84, 11, 12, 13, 14, 15, 16, 17, 23, 27, 28, 29, 30 and 85, Brownsville, Cynthia, Pocahontas and Tinnin Precincts.
(c) Subdistrict 5-3
shall consist of the following precincts in Hinds County: Precincts 21, 22,
25, 31, 86, 58, 59, 66, 67, 68, 69, 70, 71, 89, 24, 26, 54, 55, 56, 57, 60, 61,
62, 18, 19, 20, 50, 51, 52, 53, 63, * * * 64 and Jackson State.
(d) Subdistrict 5-4 shall consist of the following precincts in Hinds County: Precincts 94, 95, 87, 88, 90 and 91, Bolton, Edwards, Pine Haven, Utica 1, Utica 2, Byram 1, Byram 2, Cayuga, Learned, Clinton 1, Clinton 2, Clinton 3, Clinton 4, Clinton 5, Clinton 6, Raymond 1, Raymond 2, Spring Ridge, St. Thomas, Old Byram, Terry, Chapel Hill and Dry Grove Precincts.
SECTION 9. Section 9-5-19, Mississippi Code of 1972, is brought forward as follows:
9-5-19. (1) There shall be four (4) chancellors for the Fifth Chancery Court District. One (1) chancellor shall be elected from each subdistrict.
(2) While there shall be no limitation whatsoever upon the powers and duties of the said chancellors other than as cast upon them by the Constitution and laws of this state, the court in the First Judicial District of Hinds County, in the discretion of the senior chancellor, may be divided into four (4) divisions as a matter of convenience by the entry of an order upon the minutes of the court.
SECTION 10. Section 9-5-21, Mississippi Code of 1972, is brought forward as follows:
9-5-21. The Sixth Chancery Court District shall be comprised of the following counties:
(a) Attala County;
(b) Carroll County;
(c) Choctaw County;
(d) Kemper County;
(e) Neshoba County; and
(f) Winston County.
SECTION 11. Section 9-5-22, Mississippi Code of 1972, is brought forward as follows:
9-5-22. (1) There shall be two (2) chancellors for the Sixth Chancery Court District.
(2) For purposes of appointment and election, the two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
SECTION 12. Section 9-5-23, Mississippi Code of 1972, is brought forward as follows:
9-5-23. (1) The Seventh Chancery Court District shall be comprised of the following counties:
(a) Bolivar County;
(b) Coahoma County;
(c) Leflore County;
(d) Quitman County;
(e) Tallahatchie County; and
(f) Tunica County.
(2) The Seventh Chancery Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 7-1 shall consist of Bolivar County and Coahoma County;
(b) Subdistrict 7-2 shall consist of Leflore County, Quitman County, Tallahatchie County and Tunica County.
SECTION 13. Section 9-5-25, Mississippi Code of 1972, is brought forward as follows:
[Until January 1, 2011, this section shall read as follows:]
9-5-25. There shall be two (2) chancellors for the Seventh Chancery Court District. One (1) chancellor shall be elected from each subdistrict.
[From and after January 1, 2011, this section shall read as follows:]
9-5-25. There shall be three (3) chancellors for the Seventh Chancery Court District. The three (3) chancellorships shall be separate and distinct. One (1) chancellor shall be elected from Subdistrict 7-1 and shall be denominated for purposes of appointment and election only as "Place One," and two (2) chancellors shall be elected from Subdistrict 7-2 and shall be denominated for purposes of appointment and election only as "Place Two" and "Place Three."
SECTION 14. Section 9-5-27, Mississippi Code of 1972, is brought forward as follows:
9-5-27. The Eighth Chancery Court District shall be comprised of the following counties:
(a) Hancock County;
(b) Harrison County; and
(c) Stone County.
SECTION 15. Section 9-5-29, Mississippi Code of 1972, is brought forward as follows:
9-5-29. (1) There shall be four (4) chancellors for the Eighth Chancery Court District.
(2) For purposes of appointment and election, the four (4) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two," "Place Three" and "Place Four."
(3) While there shall be no limitation whatsoever upon the powers and duties of said chancellors other than as cast upon them by the Constitution and laws of this state, the court in the Eighth Chancery Court District, in the discretion of the senior chancellor, may be divided into four (4) divisions as a matter of convenience by the entry of an order upon the minutes of the court.
SECTION 16. Section 9-5-31, Mississippi Code of 1972, is amended as follows:
9-5-31. (1) The Ninth Chancery Court District shall be comprised of the following counties:
(a) Humphreys County;
(b) Issaquena County;
(c) Sharkey County;
(d) Sunflower County;
(e) Warren County; and
(f) Washington County.
(2) The Ninth Chancery Court District shall be divided into three (3) subdistricts as follows:
(a) Subdistrict 9-1 shall consist of the following precincts in the following counties:
(i) Sunflower County: Indianola 3 North*, Indianola 2 East*, Indianola 3 South*, Ruleville, Boyer-Linn, Fairview-Hale, Rome, Indianola 3 Northeast*, Sunflower Plantation, Drew and Ruleville North Precincts; and
(ii) Washington
County: Buster Brown Community Center, Darlove Baptist Church*,
Extension Building, * * * Brent Center, * * * American Legion, Leland
Rotary Club, Metcalf City Hall, Elks Club, Leland Health Department Clinic, * * *
Potter
House Church, Greenville Industrial College Precincts and Grace
Methodist Church*.
(b) Subdistrict 9-2 shall consist of Humphreys County and the following precincts in the following counties:
(i) Sunflower
County: Indianola 3 North*, Inverness, * * * Indianola 3 South*, Indianola
Southeast, Moorhead, Indianola 2 West, Indianola 2 East*, Sunflower 3,
Indianola 3 Northeast*, * * * Doddsville Precincts and Sunflower 4;
and
(ii) Washington
County: St. James Episcopal Church, Swiftwater Baptist Church, Glen Allan
Health Clinic, * * * Ward's Recreation Center, * * * Christ Wesleyan Methodist
Church, Arcola City Hall, * * * Tampa Drive, Hollandale City
Hall, Darlove Baptist Church* * * * and Grace Methodist
Church* Precincts.
(c) Subdistrict 9-3 shall consist of Issaquena County, Sharkey County and Warren County.
SECTION 17. Section 9-5-33, Mississippi Code of 1972, is brought forward as follows:
9-5-33. There shall be three (3) chancellors for the Ninth Chancery Court District. One (1) chancellor shall be elected from each subdistrict.
SECTION 18. Section 9-5-35, Mississippi Code of 1972, is brought forward as follows:
9-5-35. The Tenth Chancery Court District shall be comprised of the following counties:
(a) Forrest County;
(b) Lamar County;
(c) Marion County;
(d) Pearl River County; and
(e) Perry County.
SECTION 19. Section 9-5-36, Mississippi Code of 1972, is brought forward as follows:
9-5-36. (1) There shall be four (4) chancellors for the Tenth Chancery Court District.
(2) For purposes of appointment and election, the four (4) chancellorships 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 chancellor to fill Place One and Place Four shall be a resident of any county in the district. The chancellor to fill Place Two shall be a resident of Lamar, Marion, Pearl River or Perry County. The chancellor to fill Place Three shall be a resident of Forrest County. Election of the four (4) offices of chancellor shall be by election to be held in every county within the Tenth Chancery Court District of Mississippi.
SECTION 20. Section 9-5-37, Mississippi Code of 1972, is amended as follows:
9-5-37. (1) The Eleventh Chancery Court District shall be comprised of the following counties:
(a) Holmes County;
(b) Leake County;
(c) Madison County; and
(d) Yazoo County.
(2) The Eleventh Chancery Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 11-1 shall consist of Holmes County, Yazoo County and Bible Church, Canton Precinct 4, Canton Precinct 5, Smith School, Magnolia Heights, Madison County Baptist Family Life Center and Flora Precincts of Madison County;
(b) Subdistrict 11-2
shall consist of Leake County and * * * Cobblestone,
Highland Colony Baptist Church, Liberty, Luther Branson School, Cedar Grove,
Main Harbor, New Industrial park, North Bay, Ratliff Ferry, Ridgeland First
Methodist Church, Ridgeland Tennis Center, SunnyBrook, Tougaloo, Victory
Baptist Church, Whispering Lake, Yandell Road, Trace Harbor, Canton
Precinct 1, Canton Precinct 2, Canton Precinct 3, Canton Precinct * * *7, * * * Bear Creek, * * * Madison 1, Madison 2,
Madison 3, * * *
Gluckstadt, Lorman/Cavalier, Virlilia, Cameron, Couparle, Camden, * * * Sharon, Ridgeland 1, Ridgeland 3,
Ridgeland 4, Precincts of Madison County.
SECTION 21. Section 9-5-38, Mississippi Code of 1972, is brought forward as follows:
9-5-38. There shall be two (2) chancellors for the Eleventh Chancery Court District. One (1) chancellor shall be elected from each subdistrict.
SECTION 22. Section 9-5-39, Mississippi Code of 1972, is brought forward as follows:
9-5-39. The Twelfth Chancery Court District shall be comprised of the following counties:
(a) Clarke County; and
(b) Lauderdale County.
SECTION 23. Section 9-5-40, Mississippi Code of 1972, is brought forward as follows:
9-5-40. (1) There shall be two (2) judges for the Twelfth Chancery Court District.
(2) For purposes of appointment and election, the two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
SECTION 24. Section 9-5-41, Mississippi Code of 1972, is brought forward as follows:
9-5-41. (1) The Thirteenth Chancery Court District shall be comprised of the following counties:
(a) Covington County;
(b) Jefferson Davis County;
(c) Lawrence County;
(d) Simpson County; and
(e) Smith County.
(2) There shall be two (2) chancellors for the Thirteenth Chancery Court District. For purposes of appointment and election, the two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
SECTION 25. Section 9-5-43, Mississippi Code of 1972, is amended as follows:
9-5-43. (1) The Fourteenth Chancery Court District shall be comprised of the following counties:
(a) Chickasaw County;
(b) Clay County;
(c) Lowndes County;
(d) Noxubee County;
(e) Oktibbeha County; and
(f) Webster County.
(2) The Fourteenth Chancery Court District shall be divided into three (3) subdistricts as follows:
(a) Subdistrict 14-1
shall consist of Chickasaw County, Webster County and the following precincts
in Oktibbeha County: West Starkville*, North Adaton, North
Longview, Self Creek, Double Springs, Northeast Starkville, East Starkville*,
North Starkville 2*, Maben, South Starkville, South Longview, Craig
Springs, Bradley, Center Grove * * *, North Starkville 3, Bell School House*,
Bradley Center Grove, Central Starkville*, Craig Springs, Gillespie Street
Center*, Maben, South Adaton, South Longview, South Starkville, and Sturgis
Precincts.
(b) Subdistrict 14-2 shall consist of the following precincts in the following counties:
(i) Clay County: Vinton, East West Point, Siloam, Central West Point, South West Point and Cedar Bluff Precincts; and
(ii) Lowndes
County: Columbus High School A, Columbus High School B, Columbus High
School C, Columbus High School D, Dowdle Gas Training Center B, Fairgrounds F,
Fairgrounds C, Fairgrounds E, Hunt C, Mitchell A, New Hope C, New Hope D, New
Hope E, Trinity B, Caledonia, Steens A, Steens B, * * *
Sale
A, Sale B, Sale C, Rural Hill B, Lee Middle School, * * *
Brandon A,
Brandon B, Brandon C, Brandon D, Air Base A, Air Base B, Air Base C, Air
Base D, Air Base E, Steens C, Rural Hill A, New Hope A, Mitchell A,
New Hope B, Union Academy * * *A B, Union Academy C, Rural Hill C and University A
Precincts.
(c) Subdistrict 14-3 shall consist of Noxubee County and the following precincts in the following counties:
(i) Clay County:
North West Point, Union Star, Tibbee, Cairo, Caradine, * * * West West Point, Pheba and Pine Bluff
Precincts;
(ii) Lowndes
County: * * * Fairgrounds G, Fairgrounds A, Fairgrounds B, Fair Grounds D,
Coleman A, Coleman B, Plum Grove A, * * * Mitchell B, Propst Park Community
Hut, Hunt B, Hunt A, Union Academy * * * A, Trinity A, University B,
West Lowndes A, Artesia, * * * West Lowndes B, * * * Crawford * * * A, New Hope * * * F, Plum Grove C and Plum Grove B
Precincts; and
(iii) Oktibbeha
County: Osborn, Hickory Grove, Bell Schoolhouse*, Central Starkville*,
Gillespie Street Center*, Sessums * * * East Starkville*, North Starkville 2*,
Sessums, South Starkville*, Southeast Oktibbeha, West Starkville* and Oktoc
Precincts.
SECTION 26. Section 9-5-45, Mississippi Code of 1972, is brought forward as follows:
9-5-45. There shall be three (3) chancellors for the Fourteenth Chancery Court District. One (1) chancellor shall be elected from each subdistrict.
SECTION 27. Section 9-5-47, Mississippi Code of 1972, is brought forward as follows:
9-5-47. The Fifteenth Chancery Court District shall be comprised of the following counties:
(a) Copiah County; and
(b) Lincoln County.
SECTION 28. Section 9-5-49, Mississippi Code of 1972, is brought forward as follows:
9-5-49. The Sixteenth Chancery Court District shall be comprised of the following counties:
(a) George County;
(b) Greene County; and
(c) Jackson County.
SECTION 29. Section 9-5-50, Mississippi Code of 1972, is brought forward as follows:
9-5-50. (1) There shall be three (3) chancellors for the Sixteenth Chancery Court District.
(2) For the purposes of appointment and election, the three (3) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two" and "Place Three."
SECTION 30. Section 9-5-51, Mississippi Code of 1972, is amended as follows:
9-5-51. (1) The Seventeenth Chancery Court District shall be comprised of the following counties:
(a) Adams County;
(b) Claiborne County;
(c) Jefferson County; and
(d) Wilkinson County.
(2) The Seventeenth Chancery Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 17-1
shall consist of Carpenter*, Convention Center*, Claiborne County, Foster
Mound, Jefferson County, and the following precincts in Adams County:
Maryland* * * *,
Palestine, Northside School, Thompson, Pine Ridge, Airport, * * * and Washington* Precincts.
(b) Subdistrict 17-2
shall consist of Wilkinson County and the following precincts in Adams County:
Washington*, Courthouse, By-Pass Fire Station, * * * Bellemont, Carpenter* * * *, Duncan Park, Beau Pre, Kingston, Maryland*,
Concord, Liberty Park, Morgantown, Convention Center* and Oakland
Precincts.
(3) There shall be two (2) chancellors for the Seventeenth Chancery Court District. One (1) chancellor shall be elected from each subdistrict.
SECTION 31. Section 9-5-53, Mississippi Code of 1972, is brought forward as follows:
9-5-53. The Eighteenth Chancery Court District shall be comprised of the following counties:
(a) Benton County;
(b) Calhoun County;
(c) Lafayette County;
(d) Marshall County; and
(e) Tippah County.
SECTION 32. Section 9-5-54, Mississippi Code of 1972, is brought forward as follows:
9-5-54. (1) There shall be two (2) chancellors for the Eighteenth Chancery Court District.
(2) For purposes of appointment and election, the two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
SECTION 33. Section 9-5-55, Mississippi Code of 1972, is brought forward as follows:
9-5-55. The Nineteenth Chancery Court District shall be comprised of the following counties:
(a) Jones County; and
(b) Wayne County.
SECTION 34. Section 9-5-57, Mississippi Code of 1972, is brought forward as follows:
9-5-57. The Twentieth Chancery Court District shall be comprised of Rankin County.
SECTION 35. Section 9-5-58, Mississippi Code of 1972, is brought forward as follows:
9-5-58. There shall be two (2) chancellors for the Twentieth Chancery Court District. For purposes of appointment and election the two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
SECTION 36. Section 9-7-3, Mississippi Code of 1972, is amended as follows:
9-7-3. (1) The state is divided into an appropriate number of circuit court districts severally numbered and comprised of the counties as set forth in the sections which follow. A court to be styled "The Circuit Court of the County of ____" shall be held in each county, and within each judicial district of a county having two (2) judicial districts, at least twice a year. From and after January 1, 1995, the dates upon which court shall be held in circuit court districts consisting of a single county shall be the same dates state agencies and political subdivisions are open for business excluding legal holidays. The dates upon which terms shall commence and the number of days for which such terms shall continue in circuit court districts consisting of more than one (1) county shall be set by order of the circuit court judge in accordance with the provisions of subsection (2) of this section. A matter in court may extend past such times if the interest of justice so requires.
(2) An order establishing the commencement and continuation of terms of court for each of the counties within a circuit court district consisting of more than one (1) county shall be entered annually and not later than October 1 of the year immediately preceding the calendar year for which such terms of court are to become effective. Notice of the dates upon which the terms of court shall commence and the number of days for which such terms shall continue in each of the counties within a circuit court district shall be posted in the office of the circuit clerk of each county within the district and mailed to the office of the Secretary of State for publication and distribution to all members of The Mississippi Bar. In the event that an order is not timely entered as herein provided, the terms of court for each of the counties within any such circuit court district shall remain unchanged for the next calendar year. A certified copy of any order entered under the provisions of this subsection shall, immediately upon the entry thereof, be delivered to the clerk of the board of supervisors in each of the counties within the circuit court district.
(3) The number of judges in each circuit court district shall be determined by the Legislature based upon the following criteria:
(a) The population of the district;
(b) The number of cases filed in the district;
(c) The case load of each judge in the district;
(d) The geographic area of the district;
(e) An analysis of the needs of the district by the court personnel of the district; and
(f) Any other appropriate criteria.
(4) The Judicial College of the University of Mississippi Law Center and the Administrative Office of Courts shall determine the appropriate:
(a) Specific data to be collected as a basis for applying the above criteria;
(b) Method of collecting and maintaining the specified data; and
(c) Method of assimilating the specified data.
(5) In a district having more than one (1) office of circuit judge, there shall be no distinction whatsoever in the powers, duties and emoluments of those offices except that the judge who has been for the longest time continuously a judge of that court or, should no judge have served longer in office than the others, the judge who has been for the longest time a member of The Mississippi Bar, shall be the senior judge. The senior judge shall have the right to assign causes and dockets and to set terms in districts consisting of more than one (1) county. A circuit court judge shall have the right to assign criminal matters to county court as provided in Section 9-9-21.
(6) The Split Precinct Block List developed in conjunction with Joint Resolution No. 1 and Joint Resolution No. 201, 2012 Regular Session, that details the portions of the partial or split precincts that are contained within a district by census tract and block number as such list is utilized to detail partial or split precincts for judicial districts in this chapter is hereby incorporated into and shall be construed to be an integral part of this chapter. Such partial or split precincts contained in the chapter shall be identifiable by an asterisk (*) which shall follow its designation within any electoral district. Any precinct referred to in this chapter shall be as they appear in the November 2010 Census Bureau TIGER Line Shape files.
SECTION 37. Section 9-7-5, Mississippi Code of 1972, is brought forward as follows:
9-7-5. The First Circuit Court District shall be comprised of the following counties:
(a) Alcorn County;
(b) Itawamba County;
(c) Lee County;
(d) Monroe County;
(e) Pontotoc County;
(f) Prentiss County; and
(g) Tishomingo County.
SECTION 38. Section 9-7-7, Mississippi Code of 1972, is brought forward as follows:
9-7-7. (1) There shall be four (4) judges for the First Circuit Court District.
(2) For purposes of appointment and election, 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 shall be a resident of Alcorn, Prentiss or Tishomingo County. The judges to fill Place Two and Place Three shall be a resident of Itawamba, Lee, Monroe or Pontotoc County. The judge to fill Place Four shall 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.
SECTION 39. Section 9-7-9, Mississippi Code of 1972, is brought forward as follows:
9-7-9. The Second Circuit Court District shall be comprised of the following counties:
(a) Hancock County;
(b) Harrison County; and
(c) Stone County.
SECTION 40. Section 9-7-11, Mississippi Code of 1972, is brought forward as follows:
9-7-11. (1) There shall be four (4) circuit judges for the Second Circuit Court District.
(2) For the purposes of appointment and election 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."
SECTION 41. Section 9-7-13, Mississippi Code of 1972, is brought forward as follows:
9-7-13. The Third Circuit Court District shall be comprised of the following counties:
(a) Benton County;
(b) Calhoun County;
(c) Chickasaw County;
(d) Lafayette County;
(e) Marshall County;
(f) Tippah County; and
(g) Union County.
SECTION 42. Section 9-7-14, Mississippi Code of 1972, is brought forward as follows:
9-7-14. (1) There shall be three (3) circuit judges for the Third Circuit Court District.
(2) For purposes of appointment and election, 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" shall be a resident of Calhoun, Chickasaw, Lafayette or Union Counties. The judge to fill "Place Two" shall be a resident of Benton, Marshall or Tippah County. The judge to fill "Place Three" shall be a resident of any county in the district.
SECTION 43. Section 9-7-15, Mississippi Code of 1972, is amended as follows:
9-7-15. (1) The Fourth Circuit Court District shall be composed of the following counties:
(a) Leflore County;
(b) Sunflower County; and
(c) Washington County.
(2) The Fourth Circuit Court District shall be divided into four (4) subdistricts as follows:
(a) Subdistrict 4-1 shall consist of the following precincts in the following counties:
(i) Leflore County: Central Greenwood*, Minter City, North Greenwood, Money, Northeast Greenwood, Schlater, West Greenwood*, Mississippi Valley State University and Southeast Greenwood Precincts; and
(ii) Sunflower County: Ruleville, Rome, Sunflower Plantation, Drew, Doddsville, Boyer-Linn, Fairview-Hale and Ruleville North Precincts.
(b) Subdistrict 4-2 shall consist of the following precincts in the following counties:
(i) Sunflower
County: Fairview-Hale*, Indianola * * * 2 East*, Sunflower 3, Sunflower
4, Indianola Southeast, Indianola 3 North, Indianola 3 South* and
Indianola 3 Northeast Precincts; and
(ii) Washington
County: Buster Brown Community Center*, Extension Building*, * * * Darlove Baptist
Church*, American Legion, Metcalfe City Hall, Elks Club, Grace Methodist
Church, St. James Episcopal Church*, Leland Health Department Clinic, * * *
Leland Rotary Club, Potter House Church* and Greenville Industrial
College Precincts.
(c) Subdistrict 4-3 shall consist of the following precincts in the following counties:
(i) Leflore
County: East Greenwood * * *Sub‑A,
West Greenwood*, Central Greenwood*, North Itta Bena, South Itta
Bena, Southwest Greenwood, Rising Sun, Sidon, Morgan City/Swiftown and
South Greenwood Precincts;
(ii) Sunflower County: Indianola 3 South*, Moorhead, Inverness, Indianola 2 West and Indianola 2 East* Precincts; and
(iii) Washington
County: Arcola City Hall*, Hollandale City Hall, Darlove Baptist Church*
and * * * Precincts.
(d) Subdistrict 4-4
shall consist of the following precincts in Washington County: Potter House
Church*, St. James Episcopal Church*, Tampa Drive, Swiftwater
Baptist Church, Glen Allan Health Clinic, * * * Arcola City Hall*, Ward's
Recreation Center, Buster Brown Community Center*, * * * Christ
Wesleyan Methodist Church, Extension Building*, Brent Center, * * * Greenville Industrial
College* and Grace Methodist Church Precincts.
(3) The local contributions required for the maintenance of the Fourth Circuit Court District shall be paid on a pro rata basis each by Leflore, Sunflower and Washington Counties.
SECTION 44. Section 9-7-17, Mississippi Code of 1972, is brought forward as follows:
9-7-17. There shall be four (4) circuit judges for the Fourth Circuit Court District. One (1) circuit judge shall be elected from each subdistrict.
SECTION 45. Section 9-7-19, Mississippi Code of 1972, is brought forward as follows:
9-7-19. The Fifth Circuit Court District shall be comprised of the following counties:
(a) Attala County;
(b) Carroll County;
(c) Choctaw County;
(d) Grenada County;
(e) Montgomery County;
(f) Webster County; and
(g) Winston County.
SECTION 46. Section 9-7-20, Mississippi Code of 1972, is brought forward as follows:
9-7-20. (1) There shall be two (2) judges for the Fifth Circuit Court District.
(2) For purposes of appointment and election, the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
SECTION 47. Section 9-7-21, Mississippi Code of 1972, is amended as follows:
9-7-21. (1) The Sixth Circuit Court District shall be comprised of the following counties:
(a) Adams County;
(b) Amite County;
(c) Franklin County; and
(d) Wilkinson County.
(2) The Sixth Circuit Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 6-1 shall consist of Wilkinson County and the following precincts in the following counties:
(i) Adams County:
Courthouse*, By-Pass Fire Station, * * * Duncan Park*, Carpenter No.
1, Concord*, Maryland* * * *, Foster Mound, Washington*,
Northside School, Thompson, Pine Ridge * * * and Airport * * * Precincts; and
(ii) Amite County: Gloster*, Ariel, East Gloster*, Homochitto, Crosby, East Centreville, South Liberty, Street and Berwick Precincts.
(b) Subdistrict 6-2
shall consist of Franklin County, all of Amite County * * * excluding those
precincts listed in subparagraph (ii) of paragraph (a) of this subsection (2)
and the following precincts in Adams County: Bellemont, Duncan Park*,
Beau Pre, Kingston, Liberty Park, Courthouse*, Maryland*, Palestine,
Morgantown, Oakland, Concord*, Convention Center and Washington*
Precincts.
(3) There shall be two (2) circuit judges for the Sixth Circuit Court District. One (1) judge shall be elected from each subdistrict.
SECTION 48. Section 9-7-23, Mississippi Code of 1972, is amended as follows:
9-7-23. (1) The Seventh Circuit Court District shall be comprised of Hinds County.
(2) The Seventh Circuit Court District shall be divided into four (4) subdistricts in Hinds County as follows:
(a) Subdistrict 7-1 shall consist of the following precincts in Hinds County: Precincts 33, 34, 35, 36, 44, 45, 46, 78, 79, 72, 73, 74, 75, 76, 77, 92, 93, 96, 1, 2, 4, 5, 6, 8, 9, 10, 32, 47 and 97.
(b) Subdistrict 7-2 shall consist of the following precincts in Hinds County: Precincts 37, 38, 39, 40, 41, 42, 43, 80, 81, 82, 83, 84, 11, 12, 13, 14, 15, 16, 17, 23, 27, 28, 29, 30 and 85, Brownsville, Cynthia, Pocahontas and Tinnin Precincts.
(c) Subdistrict 7-3 shall consist of the following precincts in Hinds County: Precincts 21, 22, 25, 31, 86, 58, 59, 66, 67, 68, 69, 70, 71, 89, 24, 26, 54, 55, 56, 57, 60, 61, 62, 18, 19, 20, 50, 51, 52, 53, 63, Jackson State and 64.
(d) Subdistrict 7-4 shall consist of the following precincts in Hinds County: Precincts 94, 95, 87, 88, 90 and 91, Bolton, Edwards, Pine Haven, Utica 1, Utica 2, Byram 1, Byram 2, Cayuga, Learned, Clinton 1, Clinton 2, Clinton 3, Clinton 4, Clinton 5, Clinton 6, Raymond 1, Raymond 2, Spring Ridge, St. Thomas, Old Byram, Terry, Chapel Hill and Dry Grove Precincts.
SECTION 49. Section 9-7-25, Mississippi Code of 1972, is brought forward as follows:
9-7-25. (1) There shall be four (4) circuit judges for the Seventh Circuit Court District. One (1) judge shall be elected from each subdistrict.
(2) While there shall be no limitation whatsoever upon the powers and duties of the said judges other than as cast upon them by the Constitution and laws of this state, the court in the First Judicial District of Hinds County, in the discretion of the senior circuit judge, may be divided into civil and criminal divisions as a matter of convenience, by the entry of an order upon the minutes of the court.
SECTION 50. Section 9-7-27, Mississippi Code of 1972, is brought forward as follows:
9-7-27. (1) The Eighth Circuit Court District shall be comprised of the following counties:
(a) Leake County;
(b) Neshoba County;
(c) Newton County; and
(d) Scott County.
(2) There shall be two (2) judges for the Eighth Circuit Court District. The initial term for the second judgeship created under this section shall begin on the effective date of Laws, 1997, Ch. 378, and shall end at the same time as for circuit judges generally.
(3) For purposes of appointment and election, the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
SECTION 51. Section 9-7-29, Mississippi Code of 1972, is amended as follows:
9-7-29. (1) The Ninth Circuit Court District shall be comprised of the following counties:
(a) Issaquena County;
(b) Sharkey County; and
(c) Warren County.
(2) The Ninth Circuit Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 9-1
shall consist of Issaquena County, Sharkey County and the following precincts
in Warren County: 3-61 Store*, St. Aloysius, Kings*, Cedar Grove*, * * * Number 7 Fire Station*,
Auditorium, Brunswick, Vicksburg Junior High School* and American Legion
Precincts.
(b) Subdistrict 9-2 shall consist of the following precincts in Warren County: 3-61 Store*, Beechwood, Cedar Grove*, Kings*, Oak Ridge, Bovina, Culkin, Redwood, Number 7 Firestation*, Jett, Elks Lodge, Goodrum, Yokena, Plumbers Hall, Y.M.C.A., Vicksburg Junior High School*, Moose Lodge and Tingleville Precincts.
SECTION 52. Section 9-7-30, Mississippi Code of 1972, is brought forward as follows:
9-7-30. There shall be two (2) judges for the Ninth Circuit Court District. One (1) judge shall be elected from each subdistrict.
SECTION 53. Section 9-7-31, Mississippi Code of 1972, is brought forward as follows:
9-7-31. The Tenth Circuit Court District shall be comprised of the following counties:
(a) Clarke County;
(b) Kemper County;
(c) Lauderdale County; and
(d) Wayne County.
SECTION 54. Section 9-7-32, Mississippi Code of 1972, is brought forward as follows:
9-7-32. (1) There shall be two (2) judges for the Tenth Circuit Court District.
(2) For purposes of appointment and election, the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
SECTION 55. Section 9-7-33, Mississippi Code of 1972, is amended as follows:
9-7-33. (1) The Eleventh Circuit Court District shall be comprised of the following counties:
(a) Bolivar County;
(b) Coahoma County;
(c) Quitman County; and
(d) Tunica County.
(2) The Eleventh Circuit Court District shall be divided into three (3) subdistricts as follows:
(a) Subdistrict 11-1 shall consist of the following precincts from the following counties:
(i) Bolivar
County: Gunnison, * * *
Beulah, Choctaw, East Cleveland*, Pace, Benoit, Scott, East-Central
Cleveland*, Cleveland Courthouse, East Rosedale, Northwest
Cleveland*, * * * West Cleveland, South Cleveland*, West Central
Cleveland, Longshot, North Cleveland, West Rosedale, Skene, Shaw,
Boyle and Stringtown Precincts; and
(ii) Coahoma County: Farrell*, Sherard*, Clarksdale 2-4*, Rena Lara, Clarksdale 5-4* and Bobo Precincts.
(b) Subdistrict 11-2 shall consist of the following precincts from the following counties:
(i) Bolivar County: Cleveland East Gate, East Central Cleveland*, Alligator-Duncan, Shelby, Northwest Cleveland*, Renova, South Cleveland*, Mound Bayou, Winstonville, Merigold, and East Cleveland* Precincts;
(ii) Coahoma
County: Clarksdale 4-2, * * * Mattson Clarksdale 1-4*, Clarksdale 3-4, Clarksdale 4-3,
Dublin, Clarksdale 3-3, Cagle Crossing and Roundway Precincts; and
(iii) Quitman
County: * * *
Northwest Marks, * * *South West Southwest Marks, Belen*, * * * District 3 South*, West Lambert,
Lambert, and * * *
Precincts.
(c) Subdistricts 11-3 shall consist of Tunica County and the following precincts in the following counties:
(i) Coahoma
County: Lula, Farrell*, Friars Point, Lyons, Clarksdale 1-4*, * * * Clarksdale
2-4*, * * * Clarksdale 5-4*, * * * Sherard*,
Coahoma and Jonestown Precincts; and
(ii) Quitman
County: District 3 North, District 3 South*, Crenshaw, Sledge, * * * Darling, Belen*, * * * and Crowder Precincts.
SECTION 56. Section 9-7-34, Mississippi Code of 1972, is brought forward as follows:
9-7-34. There shall be three (3) judges for the Eleventh Circuit Court District. One (1) judge shall be elected from each subdistrict.
SECTION 57. Section 9-7-35, Mississippi Code of 1972, is brought forward as follows:
9-7-35. The Twelfth Circuit Court District shall be comprised of the following counties:
(a) Forrest County; and
(b) Perry County.
SECTION 58. Section 9-7-37, Mississippi Code of 1972, is brought forward as follows:
9-7-37. The Thirteenth Circuit Court District shall be comprised of the following counties:
(a) Covington County;
(b) Jasper County;
(c) Simpson County; and
(d) Smith County.
SECTION 59. Section 9-7-39, Mississippi Code of 1972, is brought forward as follows:
9-7-39. (1) The Fourteenth Circuit Court District shall be comprised of the following counties:
(a) Lincoln County;
(b) Pike County; and
(c) Walthall County.
(2) (a) There shall be two (2) judges for the Fourteenth Circuit Court District.
(b) For purposes of appointment and election, the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
SECTION 60. Section 9-7-41, Mississippi Code of 1972, is brought forward as follows:
9-7-41. The Fifteenth Circuit Court District shall be comprised of the following counties:
(a) Jefferson Davis County;
(b) Lamar County;
(c) Lawrence County;
(d) Marion County; and
(e) Pearl River County.
SECTION 61. Section 9-7-42, Mississippi Code of 1972, is brought forward as follows:
9-7-42. (1) There shall be two (2) judges for the Fifteenth Circuit Court District.
(2) For purposes of appointment and election, the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
SECTION 62. Section 9-7-43, Mississippi Code of 1972, is brought forward as follows:
9-7-43. The Sixteenth Circuit Court District shall be comprised of the following counties:
(a) Clay County;
(b) Lowndes County;
(c) Noxubee County; and
(d) Oktibbeha County.
SECTION 63. Section 9-7-44, Mississippi Code of 1972, is brought forward as follows:
9-7-44. (1) There shall be three (3) judges for the Sixteenth Circuit Court District.
(2) For purposes of appointment and election, 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 shall be a resident of Lowndes County. The judge to fill Place Two shall be a resident of Oktibbeha County. The judge to fill Place Three shall 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.
SECTION 64. Section 9-7-45, Mississippi Code of 1972, is brought forward as follows:
9-7-45. The Seventeenth Circuit Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 17-1 shall consist of DeSoto County; and
(b) Subdistrict 17-2 shall consist of Panola County, Tallahatchie County, Tate County and Yalobusha County.
SECTION 65. Section 9-7-46, Mississippi Code of 1972, is brought forward as follows:
9-7-46. (1) There shall be four (4) circuit judges for the Seventeenth Circuit Court District.
(2) For the purpose of appointment and election, the four (4) judgeships shall be separate and distinct, and one (1) judge shall be elected from Subdistrict 17-1, two (2) judges shall be elected from Subdistrict 17-2, and one (1) judge shall be elected from every county in the district. The two (2) judgeships in Subdistrict 17-2 shall be denominated as "Place One" and "Place Two," the judgeship in Subdistrict 17-1 shall be denominated as "Place Three," and the at-large judgeship shall be denominated as "Place Four."
SECTION 66. Section 9-7-47, Mississippi Code of 1972, is brought forward as follows:
9-7-47. The Eighteenth Circuit Court District shall be Jones County.
SECTION 67. Section 9-7-49, Mississippi Code of 1972, is brought forward as follows:
9-7-49. (1) The Nineteenth Circuit Court District shall be comprised of the following counties:
(a) George County;
(b) Greene County; and
(c) Jackson County.
(2) The local contribution required for the maintenance of the Nineteenth Circuit Court District shall not exceed, as to George and Greene Counties, the amount of their present local contribution in their present respective circuit court districts, and any excess shall be paid by Jackson County.
SECTION 68. Section 9-7-51, Mississippi Code of 1972, is brought forward as follows:
9-7-51. (1) There shall be three (3) circuit judges for the Nineteenth Circuit Court District. For the purposes of appointment and election, 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."
(2) The senior judge of the Nineteenth Circuit Court District may divide the court of any county within the district into civil, criminal and appellate court divisions as a matter of convenience by the entry of an order upon the minutes of the court.
SECTION 69. Section 9-7-53, Mississippi Code of 1972, is brought forward as follows:
9-7-53. The Twentieth Circuit Court District shall be comprised of the following counties:
(a) Madison County; and
(b) Rankin County.
SECTION 70. Section 9-7-54, Mississippi Code of 1972, is brought forward as follows:
9-7-54. (1) There shall be two (2) judges for the Twentieth Circuit Court District.
(2) For purposes of appointment and election, the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
SECTION 71. Section 9-7-55, Mississippi Code of 1972, is brought forward as follows:
9-7-55. The Twenty-first Circuit Court District shall be comprised of the following counties:
(a) Holmes County;
(b) Humphreys County; and
(c) Yazoo County.
SECTION 72. Section 9-7-57, Mississippi Code of 1972, is brought forward as follows:
9-7-57. The Twenty-second Circuit Court District shall be comprised of the following counties:
(a) Claiborne County;
(b) Copiah County; and
(c) Jefferson County.
SECTION 73. Section 25-31-5, Mississippi Code of 1972, is brought forward as follows:
[Through June 30, 2015, this section shall read as follows:]
25-31-5. (1) The following number of full-time legal assistants are authorized in the following circuit court districts:
......... (a) First Circuit Court District......... nine (9)
legal assistants.
(b) Second Circuit Court District........ ten (10)
legal assistants.
......... (c) Third Circuit Court District......... five (5)
legal assistants.
......... (d) Fourth Circuit Court District........ six (6)
legal assistants.
......... (e) Fifth Circuit Court District......... five (5)
legal assistants.
......... (f) Sixth Circuit Court District......... two (2)
legal assistants.
......... (g) Seventh Circuit Court District....... eleven (11)
legal assistants.
......... (h) Eighth Circuit Court District......... three (3)
legal assistants.
......... (i) Ninth Circuit Court District.......... three (3)
legal assistants.
......... (j) Tenth Circuit Court District.......... four (4)
legal assistants.
(k) Eleventh Circuit Court District....... five (5)
legal assistants.
......... (l) Twelfth Circuit Court District........ five (5)
legal assistants.
......... (m) Thirteenth Circuit Court District..... four (4)
legal assistants.
......... (n) Fourteenth Circuit Court District..... five (5)
legal assistants.
......... (o) Fifteenth Circuit Court District...... six (6)
legal assistants.
(p) Sixteenth Circuit Court District...... five (5)
legal assistants.
......... (q) Seventeenth Circuit Court District.... seven (7)
legal assistants.
......... (r) Eighteenth Circuit Court District..... two (2)
legal assistants.
......... (s) Nineteenth Circuit Court District..... five (5)
legal assistants.
......... (t) Twentieth Circuit Court District...... five (5)
legal assistants.
(u) Twenty-first Circuit Court District... three (3)
legal assistants.
......... (v) Twenty-second Circuit Court District.. three (3)
legal assistants.
(2) In addition to any legal assistants authorized pursuant to subsection (1) of this section, the following number of full-time legal assistants are authorized (i) in the following circuit court districts if funds are appropriated by the Legislature to adequately fund the salaries, expenses and fringe benefits of such legal assistants, or (ii) in any of the following circuit court districts in which the board of supervisors of one or more of the counties in a circuit court district adopts a resolution to pay all of the salaries, supplemental pay, expenses and fringe benefits of legal assistants authorized in such district pursuant to this subsection:
......... (a) First Circuit Court District........... two (2)
legal assistants.
......... (b) Second Circuit Court District.......... two (2)
legal assistants.
......... (c) Third Circuit Court District........... two (2)
legal assistants.
......... (d) Fourth Circuit Court District.......... two (2)
legal assistants.
......... (e) Fifth Circuit Court District........... two (2)
legal assistants.
......... (f) Sixth Circuit Court District........... two (2)
legal assistants.
......... (g) Seventh Circuit Court District......... two (2)
legal assistants.
......... (h) Eighth Circuit Court District.......... two (2)
legal assistants.
......... (i) Ninth Circuit Court District........... two (2)
legal assistants.
......... (j) Tenth Circuit Court District........... two (2)
legal assistants.
......... (k) Eleventh Circuit Court District........ two (2)
legal assistants.
......... (l) Twelfth Circuit Court District......... two (2)
legal assistants.
......... (m) Thirteenth Circuit Court District...... two (2)
legal assistants.
......... (n) Fourteenth Circuit Court District...... two (2)
legal assistants.
......... (o) Fifteenth Circuit Court District....... two (2)
legal assistants.
(p) Sixteenth Circuit Court District....... two (2)
legal assistants.
......... (q) Seventeenth Circuit Court District..... two (2)
legal assistants.
(r) Eighteenth Circuit Court District...... two (2)
legal assistants.
......... (s) Nineteenth Circuit Court District...... two (2)
legal assistants.
......... (t) Twentieth Circuit Court District....... two (2)
legal assistants.
......... (u) Twenty-first Circuit Court District.... two (2)
legal assistants.
......... (v) Twenty-second Circuit Court District... two (2)
legal assistants.
(3) The board of supervisors of any county may pay all or a part of the salary, supplemental pay, expenses and fringe benefits of any district attorney or legal assistant authorized in the circuit court district to which such county belongs pursuant to this section.
(4) The district attorney of any circuit court district may employ additional legal assistants or criminal investigators, or both, without regard to any limitation on the number of legal assistants authorized in this section or criminal investigators authorized by other provisions of law to the extent that the district attorney's office receives funds from any source. Any source shall include, but is not limited to, office generated funds, funds from a county, a combination of counties, a municipality, a combination of municipalities, federal funds, private grants or foundations, or by means of an Interlocal Cooperative Agreement authorized by Section 17-13-1 which may be expended for those positions in an amount sufficient to pay all of the salary, supplemental pay, expenses and fringe benefits of the positions. Such funds may either be paid out of district attorney accounts, transferred by the district attorney to the Department of Finance and Administration or to one or more of the separate counties comprising the circuit court district, and said funds shall be disbursed to such employees in the same manner as state-funded criminal investigators and full-time legal assistants. The district attorney shall report to the board of supervisors of each county comprising the circuit court district the amount and source of the supplemental salary, expenses and fringe benefits, and the board in each county shall spread the same on its minutes. The district attorney shall also report such information to the Department of Finance and Administration which shall make such information available to the Legislative Budget Office.
(5) The district attorney shall be authorized to assign the duties of a legal assistant regardless of the source of funding for such legal assistants.
[From and after July 1, 2015, this section shall read as follows:]
25-31-5. (1) The following number of full-time legal assistants are authorized in the following circuit court districts:
......... (a) First Circuit Court District......... nine (9)
legal assistants.
......... (b) Second Circuit Court District........ ten (10)
legal assistants.
......... (c) Third Circuit Court District......... five (5)
legal assistants.
......... (d) Fourth Circuit Court District........ six (6)
legal assistants.
......... (e) Fifth Circuit Court District......... five (5)
legal assistants.
......... (f) Sixth Circuit Court District......... two (2)
legal assistants.
......... (g) Seventh Circuit Court District....... eleven (11)
legal assistants.
......... (h) Eighth Circuit Court District........ three (3)
legal assistants.
......... (i) Ninth Circuit Court District.......... three (3)
legal assistants.
(j) Tenth Circuit Court District.......... four (4)
legal assistants.
......... (k) Eleventh Circuit Court District....... five (5)
legal assistants.
......... (l) Twelfth Circuit Court District........ five (5)
legal assistants.
(m) Thirteenth Circuit Court District..... four (4)
legal assistants.
......... (n) Fourteenth Circuit Court District..... five (5)
legal assistants.
......... (o) Fifteenth Circuit Court District...... six (6)
legal assistants.
......... (p) Sixteenth Circuit Court District ..... five (5)
legal assistants.
(q) Seventeenth Circuit Court District.... seven (7)
legal assistants.
......... (r) Eighteenth Circuit Court District..... two (2)
legal assistants.
......... (s) Nineteenth Circuit Court District..... six (6)
legal assistants.
......... (t) Twentieth Circuit Court District...... six (6)
legal assistants.
......... (u) Twenty-first Circuit Court District... three (3)
legal assistants.
(v) Twenty-second Circuit Court District.. three (3)
legal assistants.
(2) In addition to any legal assistants authorized pursuant to subsection (1) of this section, the following number of full-time legal assistants are authorized (i) in the following circuit court districts if funds are appropriated by the Legislature to adequately fund the salaries, expenses and fringe benefits of such legal assistants, or (ii) in any of the following circuit court districts in which the board of supervisors of one or more of the counties in a circuit court district adopts a resolution to pay all of the salaries, supplemental pay, expenses and fringe benefits of legal assistants authorized in such district pursuant to this subsection:
......... (a) First Circuit Court District........... two (2)
legal assistants.
......... (b) Second Circuit Court District.......... two (2)
legal assistants.
......... (c) Third Circuit Court District........... two (2)
legal assistants.
(d) Fourth Circuit Court District.......... two (2)
legal assistants.
......... (e) Fifth Circuit Court District........... two (2)
legal assistants.
......... (f) Sixth Circuit Court District........... two (2)
legal assistants.
......... (g) Seventh Circuit Court District......... two (2)
legal assistants.
......... (h) Eighth Circuit Court District.......... two (2)
legal assistants.
......... (i) Ninth Circuit Court District........... two (2)
legal assistants.
......... (j) Tenth Circuit Court District........... two (2)
legal assistants.
(k) Eleventh Circuit Court District........ two (2)
legal assistants.
......... (l) Twelfth Circuit Court District......... two (2)
legal assistants.
(m) Thirteenth Circuit Court District...... two (2)
legal assistants.
......... (n) Fourteenth Circuit Court District...... two (2)
legal assistants.
(o) Fifteenth Circuit Court District....... two (2)
legal assistants.
......... (p) Sixteenth Circuit Court District....... two (2)
legal assistants.
........ (q) Seventeenth Circuit Court District..... two (2)
legal assistants.
(r) Eighteenth Circuit Court District...... two (2)
legal assistants.
......... (s) Nineteenth Circuit Court District...... two (2)
legal assistants.
......... (t) Twentieth Circuit Court District....... two (2)
legal assistants.
......... (u) Twenty-first Circuit Court District.... two (2)
legal assistants.
......... (v) Twenty-second Circuit Court District... two (2)
legal assistants.
(3) The board of supervisors of any county may pay all or a part of the salary, supplemental pay, expenses and fringe benefits of any district attorney or legal assistant authorized in the circuit court district to which such county belongs pursuant to this section.
(4) The district attorney of any circuit court district may employ additional legal assistants or criminal investigators, or both, without regard to any limitation on the number of legal assistants authorized in this section or criminal investigators authorized by other provisions of law to the extent that the district attorney's office receives funds from any source. Any source shall include, but is not limited to, office generated funds, funds from a county, a combination of counties, a municipality, a combination of municipalities, federal funds, private grants or foundations, or by means of an Interlocal Cooperative Agreement authorized by Section 17-13-1 which may be expended for those positions in an amount sufficient to pay all of the salary, supplemental pay, expenses and fringe benefits of the positions. Such funds may either be paid out of district attorney accounts, transferred by the district attorney to the Department of Finance and Administration or to one or more of the separate counties comprising the circuit court district, and said funds shall be disbursed to such employees in the same manner as state-funded criminal investigators and full-time legal assistants. The district attorney shall report to the board of supervisors of each county comprising the circuit court district the amount and source of the supplemental salary, expenses and fringe benefits, and the board in each county shall spread the same on its minutes. The district attorney shall also report such information to the Department of Finance and Administration which shall make such information available to the Legislative Budget Office.
(5) The district attorney shall be authorized to assign the duties of a legal assistant regardless of the source of funding for such legal assistants.
SECTION 74. Section 25-31-10, Mississippi Code of 1972, is brought forward as follows:
25-31-10. (1) Any district attorney may appoint a full-time criminal investigator.
(2) The district attorneys of the Third, Fifth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth and Twentieth Circuit Court Districts may appoint one (1) additional full-time criminal investigator for a total of two (2) full-time criminal investigators.
(3) The district attorneys of the First, Second, Fourth, Seventh and Nineteenth Circuit Court Districts may appoint two (2) additional full-time criminal investigators for a total of three (3) full-time criminal investigators.
(4) No district attorney or assistant district attorney shall accept any private employment, civil or criminal, in any matter investigated by such criminal investigators.
(5) The full and complete compensation for all public duties rendered by said criminal investigators shall be not more than Fifty-nine Thousand Five Hundred Dollars ($59,500.00) per annum, to be determined at the discretion of the district attorney based upon the qualifications, education and experience of the criminal investigator, plus necessary travel and other expenses, to be paid in accordance with Section 25-31-8. However, the maximum salary under this subsection for a criminal investigator who has a law degree may be supplemented by the district attorney from other available funds, but not to exceed the maximum salary for a legal assistant to a district attorney.
(6) Any criminal investigator may be designated by the district attorney to attend the Law Enforcement Officers Training Program set forth in Section 45-6-1 et seq., Mississippi Code of 1972. The total expenses associated with attendance by criminal investigators at the Law Enforcement Officers Training Program shall be paid out of the funds of the appropriate district attorney.
(7) The district attorney shall be authorized to assign the duties of criminal investigators regardless of the source of funding for such criminal investigators.
SECTION 75. Section 99-36-7, Mississippi Code of 1972, is brought forward as follows:
99-36-7. (1) (a) In addition to the full-time legal assistants to the district attorney authorized by Section 25-31-5, the district attorney in each circuit court district in this state shall, subject to the approval of and upon the order of the senior circuit court judge of the district, employ one (1) person to serve at the will and pleasure of the district attorney as a "victim assistance coordinator" who shall not be considered to be a state employee.
(b) The District Attorney of the First Circuit Court District may appoint one (1) additional victim assistance coordinator subject to the approval of and upon the order of the senior circuit court judge of the district for a total of two (2) victim assistance coordinators.
(2) The duty of the victim assistance coordinator is to ensure that a victim, guardian of a victim, or close relative of a deceased victim is afforded the rights granted victims, guardians and relatives by Section 99-36-5. The victim assistance coordinator shall work closely with appropriate law enforcement agencies, prosecuting attorneys, the state and the judiciary in fulfilling that duty.
(3) The salary of the victim assistance coordinator shall not exceed the salary authorized for criminal investigators in Section 25-31-10, and shall be paid jointly by the counties comprising the circuit court district, with each county paying a pro rata share of the salary as determined by the senior circuit court judge.
(4) The board of supervisors of any county, with the approval of and upon the order of the senior circuit court judge of the district wherein such county lies, may, in addition to any victim assistance coordinator provided for in subsection (1) of this section, create the position of county victim assistance coordinator. The duty of the county victim assistance coordinator shall be to cooperate with local law enforcement agencies, the county attorney and the district attorney in assuring that a victim, guardian or close relative is afforded the rights granted by Section 99-36-5. Two (2) or more counties, by action of their respective boards of supervisors, with the approval of and upon the order of the senior circuit court judge of the district wherein such counties lie, may join in establishing and maintaining the position of victim assistance coordinator to serve these counties. Any municipality, by action of its governing authority, may participate in the establishment and maintenance of a county victim assistance coordinator's office located within the municipality.
(5) Any district attorney, county board of supervisors or governing authority of a municipality which has established or is participating in the maintenance of an office of victim assistance coordinator may apply through the Governor's Office of State and Federal Programs for a grant under the federal "Victims of Crimes Act of 1984" (Public Law 98-473) to be used in the continued operation of the victim assistance program.
SECTION 76. Section 23-15-977, Mississippi Code of 1972, is brought forward as follows:
23-15-977. (1) Except as otherwise provided in this section, all candidates for judicial office as defined in Section 23-15-975 of this subarticle shall file their intent to be a candidate with the proper officials not later than 5:00 p.m. on the first Friday after the first Monday in May prior to the general election for judicial office and shall pay to the proper officials the following amounts:
(a) Candidates for Supreme Court judge and Court of Appeals, the sum of Two Hundred Dollars ($200.00).
(b) Candidates for circuit judge and chancellor, the sum of One Hundred Dollars ($100.00).
(c) Candidates for county judge and family court judge, the sum of Fifteen Dollars ($15.00).
Candidates for judicial office may not file their intent to be a candidate and pay the proper assessment before January 1 of the year in which the election for the judicial office is held.
(2) Candidates for judicial offices listed in paragraphs (a) and (b) of subsection (1) of this section shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the State Board of Election Commissioners.
(3) Candidates for judicial offices listed in paragraph (c) of subsection (1) of this section shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the circuit clerk of the proper county. The circuit clerk shall notify the county commissioners of election of all persons who have filed their intent to be a candidate with, and paid the proper assessment to, such clerk. Such notification shall occur within two (2) business days and shall contain all necessary information.
(4) If only one (1) person files his intent to be a candidate for a judicial office and that person subsequently dies, resigns or is otherwise disqualified from holding the judicial office after the deadline provided for in subsection (1) of this section but more than seventy (70) days before the date of the general election, the Governor, upon notification of the death, resignation or disqualification of the person, shall issue a proclamation authorizing candidates to file their intent to be a candidate for that judicial office for a period of not less than seven (7) nor more than ten (10) days from the date of the proclamation.
(5) If only one (1) person qualifies as a candidate for a judicial office and that person subsequently dies, resigns or is otherwise disqualified from holding the judicial office within seventy (70) days before the date of the general election, the judicial office shall be considered vacant for the new term and the vacancy shall be filled as provided in by law.
SECTION 77. Section 23-15-297, Mississippi Code of 1972, is brought forward as follows:
23-15-297. All candidates upon entering the race for party nominations for office shall first pay to the proper officer as provided for in Section 23-15-299 for each primary election the following amounts:
(a) Candidates for Governor not to exceed Three Hundred Dollars ($300.00).
(b) Candidates for Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, Auditor of Public Accounts, Commissioner of Insurance, Commissioner of Agriculture and Commerce, State Highway Commissioner and State Public Service Commissioner, not to exceed Two Hundred Dollars ($200.00).
(c) Candidates for district attorney, not to exceed One Hundred Dollars ($100.00).
(d) Candidates for State Senator, State Representative, sheriff, chancery clerk, circuit clerk, tax assessor, tax collector, county attorney, county superintendent of education and board of supervisors, not to exceed Fifteen Dollars ($15.00).
(e) Candidates for county surveyor, county coroner, justice court judge and constable, not to exceed Ten Dollars ($10.00).
(f) Candidates for United States Senator, not to exceed Three Hundred Dollars ($300.00).
(g) Candidates for United States Representative, not to exceed Two Hundred Dollars ($200.00).
SECTION 78. Section 23-15-299, Mississippi Code of 1972, is brought forward as follows:
23-15-299. (1) (a) Assessments made pursuant to paragraphs (a), (b) and (c) of Section 23-15-297 and assessments made pursuant to paragraph (d) of Section 23-15-297 for legislative offices shall be paid by each candidate to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. on March 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held.
(b) If the 2010 census redistricting information that is provided to the state in accordance with Public Law 94-171 has not been received from the United States Secretary of Commerce by the Governor of the State of Mississippi by January 1, 2011, then the qualifying deadline for legislative offices shall be changed for the year 2011 only, as follows: Assessments made pursuant to paragraph (d) of Section 23-15-297 for legislative offices shall be paid by each candidate to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. on June 1, 2011. This paragraph (b) shall stand repealed on July 1, 2012; however, no such assessments may be paid before January 1 of the year in which the election for the office is held.
(2) Assessments made pursuant to paragraphs (d) and (e) of Section 23-15-297, other than assessments made for legislative offices, shall be paid by each candidate to the circuit clerk of such candidate's county of residence by 5:00 p.m. on March 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the election for the office is held. The circuit clerk shall forward the fee and all necessary information to the secretary of the proper county executive committee within two (2) business days.
(3) Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297 must be paid by each candidate to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297, in years when a presidential preference primary is not being held, shall be paid by each candidate to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. on March 1 of the year in which the primary election for the office is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held.
(4) (a) The fees paid pursuant to subsections (1), (2) and (3) of this section shall be accompanied by a written statement containing the name and address of the candidate, the party with which he or she is affiliated and the office for which he or she is a candidate.
(b) The state executive committee shall transmit to the Secretary of State a copy of the written statements accompanying the fees paid pursuant to subsections (1) and (2) of this section. All copies must be received by the Office of the Secretary of State by not later than 6:00 p.m. on the date of the qualifying deadline; provided, however, the failure of the Office of the Secretary of State to receive such copies by 6:00 p.m. on the date of the qualifying deadline shall not affect the qualification of a person who pays the required fee and files the required statement by 5:00 p.m. on the date of the qualifying deadline. The name of any person who pays the required fee and files the required statement after 5:00 p.m. on the date of the qualifying deadline shall not be placed on the primary election ballot.
(5) The secretary or circuit clerk to whom such payments are made shall promptly receipt for same stating the office for which such candidate making payment is running and the political party with which he or she is affiliated, and he or she shall keep an itemized account in detail showing the exact time and date of the receipt of each payment received by him or her and, where applicable, the date of the postmark on the envelope containing the fee and from whom, and for what office the party paying same is a candidate.
(6) The secretaries of the proper executive committee shall hold said funds to be finally disposed of by order of their respective executive committees. Such funds may be used or disbursed by the executive committee receiving same to pay all necessary traveling or other necessary expenses of the members of the executive committee incurred in discharging their duties as committeemen, and of their secretary and may pay the secretary such salary as may be reasonable.
(7) Upon receipt of the proper fee and all necessary information, the proper executive committee shall then determine whether each candidate is a qualified elector of the state, state district, county or county district which they seek to serve, and whether each candidate meets all other qualifications to hold the office he is seeking or presents absolute proof that he will, subject to no contingencies, meet all qualifications on or before the date of the general or special election at which he could be elected to office. The executive committee shall determine whether the candidate has taken the steps necessary to qualify for more than one (1) office at the election. The committee also shall determine whether any candidate has been convicted of any felony in a court of this state, or has been convicted on or after December 8, 1992, of any offense in another state which is a felony under the laws of this state, or has been convicted of any felony in a federal court on or after December 8, 1992. Excepted from the above are convictions of manslaughter and violations of the United States Internal Revenue Code or any violations of the tax laws of this state unless the offense also involved misuse or abuse of his office or money coming into his hands by virtue of his office. If the proper executive committee finds that a candidate either (a) is not a qualified elector, (b) does not meet all qualifications to hold the office he seeks and fails to provide absolute proof, subject to no contingencies, that he will meet the qualifications on or before the date of the general or special election at which he could be elected, or (c) has been convicted of a felony as described in this subsection, and not pardoned, then the name of such candidate shall not be placed upon the ballot. If the proper executive committee determines that the candidate has taken the steps necessary to qualify for more than one (1) office at the election, the action required by Section 23-15-905, shall be taken.
Where there is but one (1) candidate for each office contested at the primary election, the proper executive committee when the time has expired within which the names of candidates shall be furnished shall declare such candidates the nominees.
(8) No candidate may qualify by filing the information required by this section by using the Internet.
SECTION 79. This act shall take effect and be in force from and after July 1, 2015, and shall stand repealed on June 30, 2015.