MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Appropriations
By: Representative Read
AN ACT TO AMEND SECTION 25-3-35, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR AN INCREASE IN THE ANNUAL SALARIES OF THE JUSTICES OF THE SUPREME COURT, THE JUDGES OF THE COURT OF APPEALS AND THE CHANCERY AND CIRCUIT COURT JUDGES, EFFECTIVE ON JANUARY 1, 2021; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-3-35, Mississippi Code of 1972, is amended as follows:
25-3-35. (1) The annual salaries of the following judges are fixed as follows:
* * *
From and after January 1, 2016, through December 31, 2020:
Chief Justice of the Supreme Court............. $159,000.00
Presiding Justices of the Supreme Court, each.. 154,833.00
Associate Justices of the Supreme Court, each.. 152,250.00
There are imposed upon the Supreme Court justices the extra duties of taking all necessary action to promote judicial education in schools, intervention courts, electronic filing and case management systems as developed by the Administrative Office of Courts, or such other additional duties as may be assigned by the Chief Justice of the Supreme Court. For such extra services each justice, from and after January 1, 2013, through December 31, 2020, shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (1).
The fixed salaries in this subsection (1) or subsection (4), as applicable, shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than: One Hundred Fifteen Thousand Three Hundred Ninety Dollars ($115,390.00) of the Chief Justice's salary in this subsection (1) or subsection (4), as applicable, One Hundred Thirteen Thousand One Hundred Ninety Dollars ($113,190.00) of the salary of a presiding justice in this subsection (1) or subsection (4), as applicable, and One Hundred Twelve Thousand Five Hundred Thirty Dollars ($112,530.00) of the salary of an associate justice in this subsection (1) or subsection (4), as applicable, shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of the Chief Justice, a presiding justice and an associate justice to the levels set forth in this subsection (1) or subsection (4), as applicable.
The fixed salaries as specified in this subsection (1) or subsection (4), as applicable, shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.
(2) The annual salaries of the judges of the Court of Appeals of Mississippi are fixed as follows:
* * *
From and after January 1, 2016, through December 31, 2020:
Chief Judge of the Court of Appeals............ $147,578.00
Associate Judges of the Court of Appeals, each. 144,827.00
From and after January 1, 2013, through December 31, 2020, each judge shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (2).
The fixed salaries in this subsection (2) or subsection (4), as applicable, shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than One Hundred Eight Thousand One Hundred Thirty Dollars ($108,130.00) of the Chief Judge's salary in this subsection (2) or subsection (4), as applicable, shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the Chief Judge's salary to the level set forth in this subsection (2) or subsection (4), as applicable. No less than One Hundred Five Thousand Fifty Dollars ($105,050.00) of the salary of an associate judge in this subsection (2) or subsection (4), as applicable, shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of an associate judge to the level set forth in this subsection (2) or subsection (4), as applicable.
The fixed salaries as specified in this subsection (2) or subsection (4), as applicable, shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.
(3) The annual salaries of the chancery and circuit court judges are fixed as follows:
* * *
From and after January 1, 2016, through December 31, 2020:
Chancery Judges, each.......................... $136,000.00
Circuit Judges, each........................... 136,000.00
In addition to their present official duties, the circuit and chancery judges shall take necessary action to promote judicial education in schools, intervention courts, electronic filing and case management systems as developed by the Administrative Office of Courts, or such other additional duties as may be assigned by the Chief Justice of the Supreme Court. For such extra services each judge, from and after January 1, 2013, through December 31, 2020, shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (3).
The fixed salaries in this subsection (3) or subsection (4), as applicable, shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than One Hundred Four Thousand One Hundred Seventy Dollars ($104,170.00) of the salary of a chancery or circuit judge in this subsection (3) or subsection (4), as applicable, shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of a chancery or circuit judge to the levels set forth in this subsection (3) or subsection (4), as applicable.
(4) From and after January
1, * * * 2021,
and every four (4) years thereafter, the annual salaries of the judges in
subsections (1), (2) and (3) shall be fixed at the level of compensation
recommended by the State Personnel Board according to the board's most recent
report on judicial salaries, as required under Section 25-9-115, to the extent
that sufficient funds are available. * * * In addition to their
present official duties, there are imposed upon the Supreme Court justices and
the circuit and chancery judges the extra duties of taking all necessary action
to promote judicial education in schools, intervention courts, electronic
filing and case management systems as developed by the Administrative Office of
Courts, or such other additional duties as may be assigned by the Chief Justice
of the Supreme Court. For such extra services, each Supreme Court justice and
circuit and chancery judge, from and after January 1, 2021, shall receive a sum
sufficient to aggregate, per annum, the salaries fixed in this subsection (4).
(5) The Supreme Court shall prepare a payroll for chancery judges and circuit judges and submit such payroll to the Department of Finance and Administration.
(6) The annual salary of the full-time district attorneys shall be:
* * *
From and after January 1, 2016:
One Hundred Twenty-five Thousand Nine Hundred Dollars ($125,900.00).
(7) The annual salary of the full-time legal assistants shall be not less than Fifteen Thousand Dollars ($15,000.00) nor more than eighty percent (80%) of the salary of the district attorney for legal assistants who have been licensed to practice law for five (5) years or less; eighty-five percent (85%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least five (5) years but less than fifteen (15) years; and ninety percent (90%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least fifteen (15) years or more.
SECTION 2. This act shall take effect and be in force from and after July 1, 2020.