Bill Text: MS SB2546 | 2015 | Regular Session | Introduced
Bill Title: Statewide county court system; create.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-02-03 - Died In Committee [SB2546 Detail]
Download: Mississippi-2015-SB2546-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Judiciary, Division A
By: Senator(s) Tollison
Senate Bill 2546
AN ACT TO CREATE A COUNTY COURT IN AND FOR EVERY COUNTY; TO AMEND SECTION 9-9-1, MISSISSIPPI CODE OF 1972, TO CREATE COUNTY COURT DISTRICTS; TO AMEND SECTION 9-9-5, MISSISSIPPI CODE OF 1972, TO SET FORTH THE QUALIFICATIONS OF JUDGES OF THE COUNTY COURTS; TO AMEND SECTION 9-9-11, MISSISSIPPI CODE OF 1972, TO SET FORTH THE SALARY OF THE COUNTY COURT JUDGES; TO AMEND SECTION 9-9-19, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR TERMS OF COURT; TO AMEND SECTION 9-9-21, MISSISSIPPI CODE OF 1972, TO SET FORTH THE JURISDICTION OF THE COUNTY COURT; TO AMEND SECTIONS 9-9-23, 9-1-19, 9-1-23, 9-1-25 AND 9-1-35, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 9-1-36, MISSISSIPPI CODE OF 1972, TO PROVIDE AN OFFICE ALLOWANCE AND SUPPORT STAFF FOR COUNTY COURT JUDGES; TO AMEND SECTION 43-21-107, MISSISSIPPI CODE OF 1972, TO CONFORM YOUTH COURT JURISDICTION; TO AMEND SECTION 43-21-123, MISSISSIPPI CODE OF 1972, TO PROVIDE FUNDING FOR THE COUNTY COURTS; TO AMEND SECTION 23-15-975, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 9-13-1, 9-13-17 AND 9-13-19, MISSISSIPPI CODE OF 1972, TO PROVIDE A COURT REPORTER AND CONFORM PROVISIONS CONCERNING COURT REPORTERS; TO DESIGNATE THE CLERK OF THE COUNTY COURT AND THE CLERK OF THE YOUTH COURT; TO BRING FORWARD SECTIONS 9-13-31, 43-21-45, 43-21-111, 43-21-123, 43-21-125 AND 43-21-801, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; TO REPEAL SECTION 9-9-3, MISSISSIPPI CODE OF 1972, WHICH ALLOWS FOR ESTABLISHMENT OF A COUNTY COURT BY AGREEMENT OF TWO OR MORE COUNTIES; TO REPEAL SECTION 9-9-9, MISSISSIPPI CODE OF 1972, WHICH RESTRICTS THE PRACTICE OF LAW BY COUNTY COURT JUDGES; TO REPEAL SECTION 9-9-13, MISSISSIPPI CODE OF 1972, WHICH ALLOWS MUNICIPALITIES TO SUPPLEMENT COUNTY COURT JUDGE SALARIES; TO REPEAL SECTION 9-9-14, MISSISSIPPI CODE OF 1972, WHICH ALLOWS AN ADDITIONAL COUNTY COURT JUDGE FOR HARRISON COUNTY; TO REPEAL SECTION 9-9-15, MISSISSIPPI CODE OF 1972, WHICH ALLOWS ADDITIONAL COUNTY COURT JUDGES FOR HINDS COUNTY; TO REPEAL SECTION 9-9-16, MISSISSIPPI CODE OF 1972, WHICH ALLOWS AN ADDITIONAL COUNTY COURT JUDGE FOR WASHINGTON COUNTY; TO REPEAL SECTION 9-9-17, MISSISSIPPI CODE OF 1972, WHICH ALLOWS AN ADDITIONAL JUDGE FOR JACKSON COUNTY; TO REPEAL SECTION 9-9-18, MISSISSIPPI CODE OF 1972, WHICH ALLOWS AN ADDITIONAL COUNTY COURT JUDGE FOR RANKIN COUNTY; TO REPEAL SECTION 9-9-18.1, MISSISSIPPI CODE OF 1972, WHICH ALLOWS AN ADDITIONAL COUNTY COURT JUDGE FOR MADISON COUNTY; TO REPEAL SECTION 9-9-18.2, MISSISSIPPI CODE OF 1972, WHICH ALLOWS A COUNTY COURT JUDGE FOR PEARL RIVER COUNTY; TO REPEAL SECTION 9-9-18.3, MISSISSIPPI CODE OF 1972, WHICH ALLOWS AN ADDITIONAL COUNTY COURT JUDGE FOR LAUDERDALE COUNTY; TO REPEAL SECTION 9-9-18.5, MISSISSIPPI CODE OF 1972, WHICH ALLOWS AN ADDITIONAL COUNTY COURT JUDGE FOR DESOTO COUNTY; TO REPEAL SECTIONS 9-9-37, 9-9-39, 9-9-41, 9-9-43 AND 9-9-45, MISSISSIPPI CODE OF 1972, WHICH ALLOW COUNTIES TO ESTABLISH OR ABOLISH A COUNTY COURT; TO REPEAL SECTION 9-13-61, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES SALARIES FOR COURT REPORTERS OF THE COUNTY AND YOUTH COURTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-9-1, Mississippi Code of 1972, is amended as follows:
9-9-1. (1) There shall be
an inferior court to be known as the county court in and for each * * * county as follows:
(a) * * * District 1 - DeSoto County;
(b) * * * District 2 - Benton, Marshall and
Tippah Counties;
(c) * * * District 3 - Alcorn, Prentiss and Tishomingo Counties;
(d) District 4 - Quitman, Tallahatchie and Tunica Counties;
(e) District 5 - Panola and Tate Counties;
(f) District 7 - Lafayette, Pontotoc and Union Counties;
(g) District 7 - Lee County;
(h) District 8 - Coahoma County;
(i) District 9 - Calhoun, Grenada and Yalobusha Counties;
(j) District 10 - Chickasaw, Itawamba and Monroe Counties;
(k) District 11 - Bolivar County;
(l) District 12 - Humphreys, Issaquena Sharkey and Sunflower Counties;
(m) District 13 - Leflore County;
(n) District 14 - Attala, Carroll, Holmes and Montgomery Counties;
(o) District 15 - Choctaw, Clay, Oktibbeha and Webster Counties;
(p) District 16 - Lowndes County;
(q) District 17 - Washington County;
(r) District 18 - Kemper, Neshoba, Noxubee and Winston Counties;
(s) District 19 - Yazoo County;
(t) District 20 - Madison County;
(u) District 21 - Leake, Newton and Scott Counties;
(v) District 22 - Lauderdale County;
(w) District 23 - Warren County;
(x) District 24 - Hinds County;
(y) District 25 - Rankin County;
(z) District 26 - Claiborne, Copiah and Jefferson Counties;
(aa) District 27 - Simpson and Smith Counties;
(bb) District 28 - Clarke, Jasper and Wayne Counties;
(cc) District 29 - Adams County;
(dd) District 30 - Amite, Franklin and Wilkinson Counties;
(ee) District 31 - Lawrence, Lincoln and Walthall Counties;
(ff) District 32 - Covington, Jefferson Davis and Marion Counties;
(gg) District 33 - Jones County;
(hh) District 34 - Pike County;
(ii) District 35 - Lamar County;
(jj) District 36 - Forrest County;
(kk) District 37 - George, Greene, Perry and Stone Counties;
(ll) District 38 - Pearl River County;
(mm) District 39 - Hancock County;
(nn) District 40 - Harrison County; and
(oo) District 41 - Jackson County.
(2) (a) Except as provided in paragraphs (b) and (c) of this subsection (2), there shall be one (1) county court judge per county court district.
(b) The following county court districts shall have two (2) county judges:
(i) The First County Court District, consisting of DeSoto County;
(ii) The Twentieth County Court District, consisting of Madison County;
(iii) The Twenty-second Count Court District, consisting of Lauderdale County;
(iv) The Twenty-fifth County Court District, consisting of Rankin County; and
(v) The Forty-first County Court District, consisting of Jackson County.
(c) The following county court districts shall have three (3) county judges:
(i) The Twenty-fourth County Court District, consisting of Hinds County; and
(ii) The Fortieth County Court District, consisting of Harrison County.
( * * *3) * * * The
county judges shall be elected by the qualified electors of the county or
county district for the same term and in the same manner as provided for
the election of circuit court judges at an election held at the same time as the * * * regular election of circuit court judges * * *.
* * *
(4) (a) For the purposes of nomination and election of judgeships in county court districts having multiple judges, the judgeships shall be separate and distinct, and denominated for purposes of appointment, nomination and election by sequentially numbered places. There shall be no distinction whatsoever in the powers, duties and emoluments of any multiple offices of county judge, except that the county judge who has been for the longest time continuously a county judge of the district shall have the right to assign causes, terms and dockets. Should no judge of the county court have served longer in office than the other, then that judge of the county court who has been for the longest time a member of The Mississippi Bar shall be the senior county judge and have the right to assign causes, terms and dockets.
(b) While there shall be no limitation whatsoever upon the powers and duties of the county judges other than as cast upon them by the Constitution and laws of this state, the senior county court judge may divide the county court into civil, equity, criminal and youth court divisions, or any combination thereof, as a matter of convenience by the entry of an order upon the minutes of the court.
SECTION 2. Section 9-9-5, Mississippi Code of 1972, is amended as follows:
9-9-5. * * * The county judge shall possess all of the
qualifications of a circuit judge as prescribed by the Mississippi
Constitution. * * * The judge
of * * * a
county court serving more than one (1) county may be a qualified
elector of any one (1) of * * *said the constituent counties * * *. The county judge shall be elected by the qualified electors
of * * * the
county or county court district at the time and in the manner as circuit
judges are elected and he shall hold office for the same term. Vacancies in
the office of county judge shall be filled in the same manner as vacancies in
the office of circuit judge.
* * *
SECTION 3. Section 9-9-11, Mississippi Code of 1972, is amended as follows:
9-9-11. (1) * * * The county court judge shall receive an annual salary * * * in * * * the amount * * * of One Thousand Dollars
($1,000.00) less than the salary * * * for
circuit and chancery judges. * * *
* * *
(2) (a) Each county that had a county court on January 1, 2015, shall transfer from the general funds of those county treasuries to the Administrative Office of Courts the amount of annual compensation of the county court judge or judges as determined by the State Auditor. The amount to be paid by each county shall be the amount paid to the judge or judges of that county for fiscal year 2014. For purposes of this section, the term "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 retirement purposes. Reimbursement for travel expenses shall not be reported or credited for retirement purposes. The amounts required under this section shall be paid in twelve (12) installments on the last working day of each month after it has been duly authorized by the judge and an order duly placed on the minutes of the court. Each county shall transfer to the Administrative Office of Courts one-twelfth (1/12) of the amount required to be paid pursuant to this paragraph (a) by the twentieth day of each month for the salary that is to be paid on the last working day of the month. Any county may pay, in the discretion of the board of supervisors, by the twentieth day of January of any year, the amount due for a full twelve (12) months.
(b) From and after
January 1, 2019, and every four (4) years thereafter, the annual salary in this
subsection ( * * *2)
shall be adjusted according to the level of compensation recommended by the
State Personnel Board for county court judges in the board's most recent report
on judicial salaries, as required under Section 25-9-115, to the extent that
sufficient funds are available.
* * *
SECTION 4. Section 9-9-19, Mississippi Code of 1972, is amended as follows:
9-9-19. (1) Except as otherwise provided in this section, in county court districts composed of a single county, a term of court shall be held in the county courthouse of the county, beginning on the second Monday of each month and continuing so long as may be necessary; but in counties where there are two (2) circuit court districts the county court shall meet alternately in the two (2) districts in the county courthouse in the same month and in the same district as the board of supervisors of said county holds its meetings.
(a) * * * In the County of Jones, * * *
a term shall be held in the second judicial district * * * on the second Monday of each
month * * *,
and * * *
in the first judicial district a term shall be held on the fourth Monday of
January, the fourth Monday of March, the fourth Monday of April, the fourth
Monday of June and the fourth Monday of October. * * *
(b) In the
County of Hinds, * * * a term shall be held in
the first judicial district on the second Monday of each month and in the
second judicial district on the second Monday of March, June, September and
December, and * * *, when * * * the terms are held concurrently, * * * any of the county judges of Hinds
County may be assigned to hold all or any part of * * * the terms in either of the two (2)
judicial districts. * * *
(c) In the
County of Bolivar, a * * * a term shall be held in
the first judicial district on the second Monday of April, August and December,
and in the second judicial district on the second Monday of January, February,
March, May, June, July, September, October and November. * * *
(d) In the
County of Harrison, * * *
a term shall be held in each judicial district concurrently each month. * * *
(2) The judge
of the county court for good cause shown may, by order spread on the minutes of
the county court, designate some place other than the county courthouse for the
holding of * * *
a term of the county court * * *. The
county judge may call a special term of the county court upon giving ten (10)
days' notice, and * * *
notice shall be given by posting * * * on the front door of the
courthouse in * * *
the county and by the publication of * * * notice for one (1) insertion in
some newspaper of general circulation in the county.
( * * *3) If a county court * * *
district is composed of two (2) or more counties * * *, the
terms thereof shall remain continuously open and shall not be closed and the county
judge * * *
shall sit in rotation in the county seat of each county, beginning on Monday of
each week for at least a week in each county in each month.
SECTION 5. Section 9-9-21, Mississippi Code of 1972, is amended as follows:
9-9-21. (1) (a)
The jurisdiction of the county court shall be as follows: It shall have
jurisdiction concurrent with the justice court in all matters, civil and
criminal of which the justice court has jurisdiction; and it shall have
jurisdiction concurrent with the circuit and chancery courts in all matters of
law and equity wherein the amount of value of the thing in controversy shall
not exceed, exclusive of costs and interest, the sum of Two Hundred Thousand
Dollars ($200,000.00), and the jurisdiction of the county court shall not be
affected by any setoff, counterclaim or cross-bill in * * * actions where the amount sought to be
recovered in * * *
the setoff, counterclaim or cross-bill exceeds Two Hundred Thousand
Dollars ($200,000.00). * * * If a party * * * files a setoff, counterclaim
or cross-bill which exceeds Two Hundred Thousand Dollars ($200,000.00), the
party shall give notice to the opposite party or parties as provided in
Section 13-3-83, and on motion of all parties filed within twenty (20) days
after the filing of * * *
the setoff, counterclaim or cross-bill, the county court shall transfer
the case to the circuit or chancery court wherein the county court is situated
and which would otherwise have jurisdiction. * * *
(b) The county
court shall have exclusively the jurisdiction * * * in
the following matters and causes: namely, eminent domain, the partition of
personal property, and actions of unlawful entry and detainer, * * * and the actions of eminent
domain and unlawful entry and detainer may be returnable and triable before the * * * court in vacation. The county
court shall have jurisdiction over criminal matters in the county assigned by a
judge of the circuit court district in which the county is included.
(2) * * * If
a county court * * * serves two (2) or more counties * * *, it
shall be lawful for * * *
the court sitting in one (1) county to act upon any and all matters of
which it has jurisdiction as provided by law arising in * * * another county under the
jurisdiction of * * *
the court.
SECTION 6. Section 9-9-23, Mississippi Code of 1972, is amended as follows:
9-9-23. The county judge
shall have power to issue writs, and to try matters, of habeas corpus on
application to him therefor, or when made returnable before him by a superior
judge. He shall also have the power to order the issuance of writs of
certiorari, supersedeas, attachments, and other remedial writs in all cases
pending in, or within the jurisdiction of, his court. He shall have the
authority to issue search warrants in his county returnable to his own court or
to any court of a justice of the peace within his county in the same manner as
is provided by law for the issuance of search warrants by justices of the
peace. In all cases pending in, or within the jurisdiction of, his court, he
shall have, in term time * * *, and in vacation, the power to order, do or determine to the
same extent and in the same manner as a justice of the peace or a circuit judge
or a chancellor could do in term time or in vacation in such cases. But he
shall not have original power to issue writs of injunction, or other remedial
writs in equity or in law except in those cases hereinabove specified as being
within his jurisdiction. * * * When any judge or
chancellor authorized to issue * * * writs of injunction * * * or any other equitable or legal remedial
writs * * *
reserved under this section, shall so direct in writing the hearing of
application therefor may be by him referred to the county judge, in which event
the * * *
direction of the superior judge shall vest in the * * * county judge all authority to take * * * action on * * * the application as the * * * superior judge could have taken under the
right and the law, had the * * * application been at all times before the * * * superior judge * * *, and jurisdiction * * * shall
cease upon the denying or granting of the application.
SECTION 7. Section 9-1-19, Mississippi Code of 1972, is amended as follows:
9-1-19. The judges of the
Supreme * * *,
circuit and county courts and chancellors and judges of the Court of
Appeals, in termtime and in vacation, may severally order the issuance of writs
of habeas corpus, mandamus, certiorari, supersedeas and attachments, and grant
injunctions and all other remedial writs, in all cases where the same may
properly be granted according to right and justice, returnable to any court,
whether the suit or proceedings be pending in the district of the judge or
chancellor granting the same or not. The fiat of such judge or chancellor
shall authorize the issuance of the process for a writ returnable to the proper
court or before the proper officer; and all such process or writs may be
granted, issued and executed on Sunday.
SECTION 8. Section 9-1-23, Mississippi Code of 1972, is amended as follows:
9-1-23. The judges of the
Supreme, circuit and county courts and chancellors and judges of the Court of
Appeals shall be conservators of the peace for the state, each with full power
to do all acts which conservators of the peace may lawfully do; and the circuit
judges * * *,
chancellors and county judges shall reside within their respective
districts * * *.
SECTION 9. Section 9-1-25, Mississippi Code of 1972, is amended as follows:
9-1-25. It shall not be
lawful for any judge of the Supreme Court, Court of Appeals * * *, circuit court, county
court or a chancellor to exercise the profession or employment of an
attorney or counsellor at law, or to be engaged in the practice of law; and any
person offending against this prohibition shall be guilty of a high misdemeanor
and be removed from office; but this shall not prohibit a chancellor * * *, circuit judge, county court
judge or a judge of the Court of Appeals from practicing in any of the
courts for a period of six (6) months from the time * * * the judges or chancellors assume
office so far as to enable them to bring to a conclusion cases actually pending
when they were appointed or elected in which * * * the chancellor or judge was then
employed, nor shall a judge of the Supreme Court be hindered from appearing in
the courts of the United States in any case in which he was engaged when he was
appointed or elected judge.
SECTION 10. Section 9-1-35, Mississippi Code of 1972, is amended as follows:
9-1-35. The clerk of the
Supreme Court and of the Court of Appeals, at the expense of the state, and the
clerk of every circuit * * *, chancery court and county court, at the expense
of the county, shall keep a seal, with the style of the court around the margin
and the image of an eagle in the center.
SECTION 11. Section 9-1-36, Mississippi Code of 1972, is amended as follows:
9-1-36. (1) Each circuit judge, county court judge and chancellor shall receive an annual office operating allowance of Nine Thousand Dollars ($9,000.00) 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. No part of this expense or allowance shall be used to pay an official court reporter for services rendered to said court.
* * *
(2) In addition to the * * * amount provided for in
subsection (1), there is hereby 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 * * *after July 1, 1994, shall * * * apply to the
Administrative Office of Courts by submitting * * * a
proposed personnel plan setting forth what support staff is deemed necessary.
The plan may be submitted by a single judge or by any combination of judges
desiring to share support staff. In the process of the preparation of the
plan, the judges, at their request, may receive advice, suggestions,
recommendations and other assistance from the Administrative Office of Courts.
The Administrative Office of Courts must approve the positions, job
descriptions and salaries before the positions may be filled. * * * 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) The Administrative Office of Courts shall develop and promulgate minimum qualifications for the certification of court administrators. Any court administrator appointed on or after October 1, 1996, shall be required to be certified by the Administrative Office of Courts.
(5) Support staff shall
receive compensation pursuant to personnel policies established by the
Administrative Office of Courts * * *
and the Administrative Office of
Courts shall allocate from the support staff fund an amount of * * * Eighty Thousand Dollars ($80,000.00) and each judge
shall utilize an amount sufficient to ensure that judge has access to the
services of a law clerk, whether hired by the judge separately or in concert
with another judge. Any excess funds remaining upon satisfaction of this
requirement may be used for any other support staff as defined in this
section. Any employment pursuant to this subsection shall be subject to the
provisions of Section 25-1-53.
The Administrative Office of Courts may approve expenditure 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.
(6) For the purposes of this section, the following terms shall have the meaning ascribed herein unless the context clearly requires otherwise:
(a) "Judges" means circuit judges, county court 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 * * *, but 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.
(7) Title to all tangible
property, excepting * * *
stamping devices, 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.
(8) Any circuit judge, county judge or chancellor who did not have a primary office provided by the county on March 1, 1988, shall be allowed an additional Four Thousand Dollars ($4,000.00) per annum to defray the actual expenses incurred by the judge or chancellor in maintaining an office; however, any circuit judge, county 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, county judge or chancellor sits is authorized to provide funds from any available source to assist in defraying the actual expenses to maintain an office.
(9) 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.
(10) 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 12. Section 43-21-107, Mississippi Code of 1972, is amended as follows:
43-21-107. * * * A youth court division is hereby created
as a division of the county court of each county * * *, and
the county judge shall be the judge of the youth court unless another judge is
named by the county judge as provided by this chapter.
* * *
SECTION 13. Section 43-21-123, Mississippi Code of 1972, is amended as follows:
43-21-123. Except for
expenses provided by state funds * * * or other monies, the board of supervisors * * * shall adequately provide funds for the
operation of the youth court * * * in conjunction
with the regular * * * county * * *
court. * * * On an annual basis at the time
requested, the youth court judge or administrator shall prepare and submit to
the board of supervisors * * *, or the municipal governing board of the youth court wherever the youth
court is a municipal court, an annual budget which will identify the
number, staff position, title and amount of annual or monthly compensation of
each position as well as provide for other expenditures necessary to the
functioning and operation of the youth court. When the budget of the youth
court or youth court judge is approved by the board of supervisors * * *,
then the youth court or youth court judge may employ such persons as provided
in the budget from time to time.
The board of supervisors * * * are * * * authorized to reimburse the youth court
judges and other youth court employees or personnel for reasonable travel and
expenses incurred in the performance of their duties and in attending
educational meetings offering professional training to such persons as
budgeted.
SECTION 14. Section 23-15-975, Mississippi Code of 1972, is amended as follows:
23-15-975. As used in
Sections 23-15-974 through 23-15-985 of this subarticle, the term
"judicial office" includes the office of justice of the Supreme
Court, judge of the Court of Appeals, circuit judge, chancellor * * * and county court judge * * *. All such justices and
judges shall be full-time positions and such justices and judges shall not
engage in the practice of law before any court, administrative agency or other
judicial or quasi-judicial forum except as provided by law for finalizing
pending cases after election to judicial office.
SECTION 15. Section 9-13-1, Mississippi Code of 1972, is amended as follows:
9-13-1. Each circuit judge, county court judge and chancellor shall appoint a competent person as shorthand reporter in his district by an entry upon the minutes of the court of an order to that effect, dated and signed by him. The said shorthand reporter shall be known as the official court reporter of said district.
SECTION 16. Section 9-13-17, Mississippi Code of 1972, is amended as follows:
9-13-17. The circuit judge,
chancellor * * * or county judge may, by an order spread upon the minutes
and made a part of the records of the court, appoint an additional court
reporter for a term or part of a term whose duties, qualifications and compensation
shall be the same as is now provided by law for official court reporters. The
additional court reporter shall be subject to the control of the judge or
chancellor, as is now provided by law for official court reporters, and the
judge or chancellor shall have the additional power to terminate the
appointment of * * *
the additional court reporter, whenever in his opinion the necessity for * * * an additional court reporter ceases to
exist, by placing upon the minutes of the court an order to that effect. The
regular court reporter shall not draw any compensation while the assistant
court reporter alone is serving; however, * * * if the assistant court
reporter is serving because of the illness of the regular court reporter, the court
may authorize payment of * * *said the assistant court reporter from the
Administrative Office of Courts without diminution of the salary of the regular
court reporter, for a period not to exceed forty-five (45) days in any one (1)
calendar year. However, in any circuit, chancery * * * or county * * * court district within the State of
Mississippi, if the judge or chancellor * * * determines that in order to
relieve the continuously crowded docket in * * * that district, or for other good
cause shown, the appointment of an additional court reporter is necessary for
the proper administration of justice, he may, with the advice and consent of
the board of supervisors if the court district is composed of a single county
and with the advice and consent of at least one-half (1/2) of the boards of
supervisors if the court district is composed of more than one (1) county, by
an order spread upon the minutes and made a part of the records of the court,
appoint an additional court reporter. The additional court reporter shall
serve at the will and pleasure of the judge or chancellor, may be a resident of
any county of the state, and shall be paid a salary designated by the judge or
chancellor not to exceed the salary authorized by Section 9-13-19. The salary
of the additional court reporter shall be paid by the Administrative Office of
Courts, as provided in Section 9-13-19; and mileage shall be paid to the
additional court reporter by the county as provided in the same section. The
office of * * *
an additional court reporter appointed under this section shall not be
abolished or compensation reduced during the term of office of the appointing
judge or chancellor without the consent and approval of the appointing judge or
chancellor.
SECTION 17. Section 9-13-19, Mississippi Code of 1972, is amended as follows:
9-13-19. (1) Court
reporters for circuit * * *, chancery and county courts shall be paid an
annual salary payable by the Administrative Office of Courts not to exceed Forty
Thousand Five Hundred Dollars ($40,500.00) for court reporters with five (5)
years' experience or less; not to exceed Forty-three Thousand Five
Hundred Dollars ($43,500.00) for court reporters who have more than five (5)
years' experience but less than ten (10) years; and not to exceed Forty-six
Thousand Dollars ($46,000.00) for court reporters who have ten (10) years or
more experience. In addition, any court reporter performing the duties of a
court administrator in the same judicial district in which the person is
employed as a court reporter may be paid additional compensation for performing
the court administrator duties. The annual amount of the additional
compensation shall be set by vote of the judges and chancellors for whom the
court administrator duties are performed, with consideration given to the
number of hours per month devoted by the court reporter to performing the
duties of a court administrator. The additional compensation shall be
submitted to the Administrative Office of Courts for approval.
(2) The several counties in each respective court district shall transfer from the general funds of those county treasuries to the Administrative Office of Courts a proportionate amount to be paid toward the annual compensation of the court reporter, including any additional compensation paid for the performance of court administrator duties. The amount to be paid by each county shall be determined by the number of weeks in which court is held in each county in proportion to the total number of weeks court is held in the district. For purposes of this section, the term "compensation" means the gross salary plus all amounts paid for benefits, or otherwise, as a result of employment or as required by employment, but does not include transcript fees otherwise authorized to be paid by or through the counties. However, only salary earned for services rendered shall be reported and credited for retirement purposes. Amounts paid for transcript fees, benefits or otherwise, including reimbursement for travel expenses, shall not be reported or credited for retirement purposes.
For example, if there are thirty-eight (38) scheduled court weeks in a particular district, a county in which court is scheduled five (5) weeks out of the year would have to pay five-thirty-eighths (5/38) of the total annual compensation.
(3) The salary and any additional compensation for the performance of court administrator duties shall be paid in twelve (12) installments on the last working day of each month after it has been duly authorized by the appointing judge or chancellor and an order duly placed on the minutes of the court. Each county shall transfer to the Administrative Office of Courts one-twelfth (1/12) of the amount required to be paid pursuant to subsection (2) of this section by the twentieth day of each month for the salary that is to be paid on the last working day of the month. The Administrative Office of Courts shall pay to the court reporter the total amount of salary due for that month. Any county may pay, in the discretion of the board of supervisors, by the twentieth day of January of any year, the amount due for a full twelve (12) months.
(4) * * * All circuit * * *, chancery and county court
reporters will be employees of the Administrative Office of Courts.
(5) No * * * court reporter shall be
entitled to any compensation for any special or extended term of court after
passage of this section.
(6) No * * * court reporter shall
practice law in the court within which he or she is the court reporter.
(7) For all travel required
in the performance of official duties, the * * * court reporter 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. The court reporter shall
file in the office of the clerk of the court which he serves a certificate of
mileage expense incurred during that term and payment of such expense to the court
reporter shall be paid on allowance by the judge of such court.
SECTION 18. In counties in which a county court existed on December 31, 2014, the clerk of the youth court shall be the circuit clerk of the county. In counties in which a county court did not exist on December 31, 2014, the clerk of the youth court shall be the chancery clerk of the county. The clerk of the county court shall otherwise be the clerk of the circuit court.
SECTION 19. Section 9-13-31, Mississippi Code of 1972, is brought forward as follows:
9-13-31. In all criminal cases, and (a) in all civil cases, and (b) matters in probate, and (c) in matters of special proceedings, wherein property or demands of as much as Fifty Dollars ($50.00) may be in issue, no party shall be required without his consent to go to trial in a circuit or chancery court unless the case is attended by a court reporter; provided, however, that the judge of any chancery court may dispense with the requirement of a court reporter in hearings on temporary support and maintenance and/or temporary child custody in domestic cases unless one (1) or both of the parties request a court reporter. And in and by means of the court reporter's shorthand notes, it shall be competent and effectual, for the purposes of appeal and all otherwise, to make of the record every part of the proceedings arising and done during the trial, from the opening until the conclusion thereof, including motions so arising to amend the pleadings, except amendments to indictments, and the ruling of the court thereon and all other motions and steps that may occur in the trial, in addition to the oral testimony. And in such a trial, provided objections are duly made and noted, no exceptions need be taken, either for the purposes of appeal or otherwise, or if taken shall not be noted, to any ruling or decision of the court, and this provision shall include the rulings of a court on objections to testimony. If any ruling or decision of the court as to any matter arising during the trial appear in the copy of the court reporter's notes, it shall not be necessary to take any exceptions or bill of exceptions thereto. Exceptions and bills of exception shall be necessary only when it is desired to reserve exceptions to some ruling or decision of the court which would not otherwise appear of record. No bill of exceptions need be taken to the action of the court in overruling a motion for a new trial. In all cases tried either in the circuit or chancery court in which the evidence is taken down by an official court reporter, all pleadings and all papers filed or introduced in the case, all orders of the court entered on the minutes, all instructions and a copy of the court reporter's notes shall constitute the record and no bill of exceptions shall be necessary in order to make any of the above matters part of the record.
SECTION 20. Section 43-21-45, Mississippi Code of 1972, is brought forward as follows:
43-21-45. In any Class 1 county having a total population in excess of eighty thousand (80,000) according to the 1950 census and having a total assessed valuation in excess of Forty-eight Million Dollars ($48,000,000.00), and in which there is both a youth court and a federal military base or encampment; and in any Class 1 county having a total population in excess of fifty-two thousand seven hundred twenty (52,720) in the 1960 federal decennial census and in which there is located both a state-supported university and a Mississippi National Guard Camp, the board of supervisors of any such county may, in its discretion, set aside, appropriate and expend moneys from the general fund to be used in the payment of salaries and/or travel expenses of a youth counsellor, or counsellors, and the salary of a clerk-reporter of the youth court of such county, and such funds shall be expended for no other purpose.
SECTION 21. Section 43-21-111, Mississippi Code of 1972, is brought forward as follows:
43-21-111. (1) In any county not having a county court or family court the judge may appoint as provided in Section 43-21-123 regular or special referees who shall be attorneys at law and members of the bar in good standing to act in cases concerning children within the jurisdiction of the youth court, and a regular referee shall hold office until removed by the judge. The requirement that regular or special referees appointed pursuant to this subsection be attorneys shall apply only to regular or special referees who were not first appointed regular or special referees prior to July 1, 1991.
(2) Any referee appointed pursuant to subsection (1) of this section shall be required to receive judicial training approved by the Mississippi Judicial College and shall be required to receive regular annual continuing education in the field of juvenile justice. The amount of judicial training and annual continuing education which shall be satisfactory to fulfill the requirements of this section shall conform with the amount prescribed by the Rules and Regulations for Mandatory Continuing Judicial Education promulgated by the Supreme Court. The Administrative Office of Courts shall maintain a roll of referees appointed under this section, shall enforce the provisions of this subsection and shall maintain records on all such referees regarding such training. Should a referee miss two (2) consecutive training sessions sponsored or approved by the Mississippi Judicial College as required by this subsection or fail to attend one (1) such training session within six (6) months of their initial appointment as a referee, the referee shall be disqualified to serve and be immediately removed as a referee and another member of the bar shall be appointed as provided in this section.
(3) The judge may direct that hearings in any case or class of cases be conducted in the first instance by the referee. The judge may also delegate his own administrative responsibilities to the referee.
(4) All hearings authorized to be heard by a referee shall proceed in the same manner as hearings before the youth court judge. A referee shall possess all powers and perform all the duties of the youth court judge in the hearings authorized to be heard by the referee.
(5) An order entered by the referee shall be mailed immediately to all parties and their counsel. A rehearing by the judge shall be allowed if any party files a written motion for a rehearing or on the court's own motion within three (3) days after notice of referee's order. The youth court may enlarge the time for filing a motion for a rehearing for good cause shown. Any rehearing shall be upon the record of the hearing before the referee, but additional evidence may be admitted in the discretion of the judge. A motion for a rehearing shall not act as a supersedeas of the referee's order, unless the judge shall so order.
(6) The salary for the referee shall be fixed on order of the judge as provided in Section 43-21-123 and shall be paid by the county out of any available funds budgeted for the youth court by the board of supervisors.
(7) Upon request of the boards of supervisors of two (2) or more counties, the judge of the chancery court may appoint a suitable person as referee to two (2) or more counties within his district, and the payment of salary may be divided in such ratio as may be agreed upon by the boards of supervisors.
SECTION 22. Section 43-21-123, Mississippi Code of 1972, is brought forward as follows:
43-21-123. Except for expenses provided by state funds and/or other monies, the board of supervisors, or the municipal governing board where there is a municipal youth court, shall adequately provide funds for the operation of the youth court division of the chancery court in conjunction with the regular chancery court budget, or the county or family courts where said courts are constituted. In preparation for said funding, on an annual basis at the time requested, the youth court judge or administrator shall prepare and submit to the board of supervisors, or the municipal governing board of the youth court wherever the youth court is a municipal court, an annual budget which will identify the number, staff position, title and amount of annual or monthly compensation of each position as well as provide for other expenditures necessary to the functioning and operation of the youth court. When the budget of the youth court or youth court judge is approved by the board of supervisors or the governing authority of the municipality, then the youth court or youth court judge may employ such persons as provided in the budget from time to time.
The board of supervisors of any county in which there is located a youth court, and the governing authority of any municipality in which there is located a municipal youth court, are each authorized to reimburse the youth court judges and other youth court employees or personnel for reasonable travel and expenses incurred in the performance of their duties and in attending educational meetings offering professional training to such persons as budgeted.
SECTION 23. Section 43-21-125, Mississippi Code of 1972, is brought forward as follows:
43-21-125. (1) There shall be a Mississippi Council of Youth Court Judges which shall be the official organization of the judges having youth court jurisdiction in this state. The membership of the council shall consist of all the judges and referees of youth courts in the State of Mississippi.
(2) The Mississippi Council of Youth Court Judges is authorized to adopt and, from time to time, amend such rules, regulations or bylaws as it considers necessary to the conduct of its affairs.
(3) The council may elect officers and provide for such meetings of the council as it deems necessary. The council shall meet at least annually for the consideration of:
(a) any and all matters pertaining to the discharge of the official duties and obligations of its members; and
(b) problems that have arisen in connection with the operation of the youth courts in any county or in all counties in order to improve the administration of juvenile justice in the state.
(4) The council shall publish and submit to the governor, the chief justice of the supreme court, and the Mississippi Judicial Council an annual report of the operations which shall include financial and statistical data and may include suggestions and recommendations for legislation.
(5) The council is authorized to receive and expend any funds which may become available from the federal government to carry out any of the purposes of this chapter, and to this end the council may meet any federal requirements not contrary to state law which may be conditions precedent to receiving such federal funds.
(6) The council may cooperate with the federal government in a program for training personnel employed or preparing for employment by the youth court and may receive and expend funds from federal or state sources or from private donations for such purposes. The council may contract with public or nonprofit institutions of higher learning for the training of such personnel, may conduct short-term training courses of its own, may hire experts on a temporary basis for such purpose and may cooperate with the department of youth services or other state departments or agencies in personnel training programs.
SECTION 24. Section 43-21-801, Mississippi Code of 1972, is brought forward as follows:
43-21-801. (1) There is established the Youth Court Support Program. The purpose of the program shall be to ensure that all youth courts have sufficient support funds to carry on the business of the youth court. The Administrative Office of Courts shall establish a formula consistent with this section for providing state support payable from the Youth Court Support Fund for the support of the youth courts.
(a) (i) Each regular youth court referee is eligible for youth court support funds so long as the senior chancellor does not elect to employ a youth court administrator as set forth in paragraph (b); a municipal youth court judge is also eligible. The Administrative Office of Courts shall direct any funds to the appropriate county or municipality, but each regular youth court referee or municipal youth court judge shall have the sole individual discretion to appropriate those funds as expense monies to assist in hiring secretarial staff and acquiring materials and equipment incidental to carrying on the business of the court within the private practice of law of the referee or judge, or may direct the use of those funds through the county or municipal budget for court support supplies or services. The regular youth court referee and municipal youth court judge shall be accountable for assuring through private, county or municipal employees the proper preparation and filing of all necessary tracking and other documentation attendant to the administration of the youth court.
(ii) 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 county or municipality to be used by the judge or referee during the term of his office and thereafter by his successors.
(b) (i) When permitted by the Administrative Office of Courts and as funds are available, the senior chancellor for Chancery Districts One, Two, Three, Four, Six, Seven, Nine, Ten, Thirteen, Fourteen, Fifteen and Eighteen may appoint a youth court administrator for the district whose responsibility will be to perform all reporting, tracking and other duties of a court administrator for all youth courts in the district that are under the chancery court system. Any chancery district listed in this paragraph in which a chancellor appoints a referee or special master to hear any youth court matter is ineligible for funding under this paragraph (b). The Administrative Office of Courts may allocate to an eligible chancery district a sum not to exceed Thirty Thousand Dollars ($30,000.00) per year for the salary, fringe benefits and equipment of the youth court administrator, and an additional sum not to exceed One Thousand Nine Hundred Dollars ($1,900.00) for the administrator's travel expenses.
(ii) The appointment of a youth court administrator shall be evidenced by the entry of an order on the minutes of the court. The person appointed shall serve at the will and pleasure of the senior chancellor but shall be an employee of the Administrative Office of Courts.
(iii) The Administrative Office of Courts must approve the position, job description and salary before the position can be filled. The Administrative Office of Courts shall not approve any plan that does not first require the expenditure of the funds from the Youth Court Support Fund before expenditure of county funds is authorized for that purpose.
(iv) Title to any tangible property procured with funds authorized under this paragraph shall be and forever remain in the State of Mississippi.
(c) (i) Each county court is eligible for youth court support funds, and the senior county court judge shall have discretion to direct the expenditure of those funds in hiring support staff to carry on the business of the court.
(ii) For the purposes of this paragraph, "support staff" means court administrators, law clerks, legal research assistants, secretaries, resource administrators or case managers appointed by a youth court judge, or any combination thereof, but shall not mean school attendance officers.
(iii) The appointment of support staff shall be evidenced by the entry of an order on the minutes of the court. The support staff so appointed shall serve at the will and pleasure of the senior county court judge but shall be an employee of the county.
(iv) The Administrative Office of Courts must approve the positions, job descriptions and salaries before the positions may be filled. The Administrative Office of Courts shall not approve any plan that does not first require the expenditure of funds from the Youth Court Support Fund before expenditure of county funds is authorized for that purpose.
(v) The Administrative Office of Courts may approve expenditure from the fund for additional equipment for support staff appointed pursuant to this paragraph if the additional expenditure falls within the formula. Title to any tangible property procured with funds authorized under this paragraph shall be and forever remain in the county to be used by the youth court and support staff.
(2) (a) (i) The formula developed by the Administrative Office of Courts for providing youth court support funds shall be devised so as to distribute appropriated funds proportional to caseload and other appropriate factors as set forth in regulations promulgated by the Administrative Office of Courts. The formula will determine a reasonable maximum amount per judge or referee per annum that will not be exceeded in allocating funds under this section.
(ii) The formula shall be reviewed by the Administrative Office of Courts every two (2) years to ensure that the youth court support funds provided herein are proportional to each youth court's caseload and other specified factors.
(iii) The Administrative Office of Courts shall have wide latitude in the first two-year cycle to implement a formula designed to maximize caseload data collection.
(b) Application to receive funds under this section shall be submitted in accordance with procedures established by the Administrative Office of Courts.
(c) Approval of the use of any of the youth court support funds distributed under this section shall be made by the Administrative Office of Courts in accordance with procedures established by the Administrative Office of Courts.
(3) (a) There is created in the State Treasury a special fund to be designated as the "Youth Court Support Fund," which shall consist of funds appropriated or otherwise made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be distributed to the youth courts by the Administrative Office of Courts for the purposes described in this section.
(b) (i) During the regular legislative session held in calendar year 2007, the Legislature may appropriate an amount not to exceed Two Million Five Hundred Thousand Dollars ($2,500.000.00) to the Youth Court Support Fund.
(ii) During each regular legislative session subsequent to the 2007 Regular Session, the Legislature shall appropriate Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Youth Court Support Fund.
(c) No youth court judge or youth court referee shall be eligible to receive funding from the Youth Court Support Fund who has not received annual continuing education in the field of juvenile justice in an amount to conform with the requirements of the Rules and Regulations for Mandatory Continuing Judicial Education promulgated by the Supreme Court. The Administrative Office of Courts shall maintain records of all referees and youth court judges regarding such training and shall not disburse funds to any county or municipality for the budget of a youth court judge or referee who is not in compliance with the judicial training requirements.
(4) Any recipient of funds from the Youth Court Support Fund shall not be eligible for continuing disbursement of funds if the recipient is not in compliance with the terms, conditions and reporting requirements set forth in the procedures promulgated by the Administrative Office of Courts.
SECTION 25. Section 9-9-3, Mississippi Code of 1972, which allows for establishment by agreement of a county court by two or more counties, is repealed.
SECTION 26. Section 9-9-9, Mississippi Code of 1972, which restricts the practice of law by county court judges, is repealed.
SECTION 27. Section 9-9-13, Mississippi Code of 1972, which allows municipalities to supplement county court judge salaries, is repealed.
SECTION 28. Section 9-9-14, Mississippi Code of 1972, which allows an additional county court judge for Harrison County, is repealed.
SECTION 29. Section 9-9-15, Mississippi Code of 1972, which allows additional county court judges for Hinds County, is repealed.
SECTION 30. Section 9-9-16, Mississippi Code of 1972, which allows an additional county court judge for Washington County, is repealed.
SECTION 31. Section 9-9-17, Mississippi Code of 1972, which allows an additional judge for Jackson County, is repealed.
SECTION 32. Section 9-9-18, Mississippi Code of 1972, which allows an additional county court judge for Rankin County, is repealed.
SECTION 33. Section 9-9-18.1, Mississippi Code of 1972, which allows an additional county court judge for Madison County, is repealed.
SECTION 34. Section 9-9-18.2, Mississippi Code of 1972, which allows a county court judge for Pearl River County, is repealed.
SECTION 35. Section 9-9-18.3, Mississippi Code of 1972, which allows an additional county court judge for Lauderdale County, is repealed.
SECTION 36. Section 9-9-18.5, Mississippi Code of 1972, which allows an additional county court judge for DeSoto County, is repealed.
SECTION 37. Sections 9-9-37, 9-9-39, 9-9-41, 9-9-43 and 9-9-45, Mississippi Code of 1972, which allow counties to establish or abolish a county court, are repealed.
SECTION 38. Section 9-13-61, Mississippi Code of 1972, which establishes salaries for court reporters of the county and youth courts, is repealed.
SECTION 39. This act shall take effect and be in force from and after January 1, 2016.
