Bill Text: MS SB2728 | 2016 | Regular Session | Introduced

Mississippi Senate Bill 2728 (Prior Session Legislation)

Introduced

Bill Title: Statewide county court system; create.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-23 - Died In Committee [SB2728 Detail]

Download: Mississippi-2016-SB2728-Introduced.html

MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Judiciary, Division A; Appropriations

By: Senator(s) Tollison

Senate Bill 2728

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 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 SECTIONS 23-15-973 AND 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 AND 43-21-45, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; TO AMEND SECTIONS 43-21-111, 43-21-123, 43-21-125, 43-21-801 and 99-35-1, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 9-13-61, MISSISSIPPI CODE OF 1972, TO DELETE ARCHAIC REFERENCE TO FAMILY COURTS; 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; 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 * * *~~of the following counties~~ county as follows:

(a) * * * District 1 - DeSoto County;

(b) * * * District 2 - Marshall and Tate Counties;

(d) District 4 - Itawamba, Prentiss and Tishomingo Counties;

(e) District 5 - Panola, Quitman and Tunica Counties;

(f) District 6 - Lafayette County;

(g) District 7 - Pontotoc and Union Counties;

(h) District 8 - Lee County;

(i) District 9 - Coahoma County;

(j) District 10 - Bolivar County;

(k) District 11 - Grenada, Tallahatchie and Yalobusha Counties;

(l) District 12 - Calhoun, Choctaw, Clay and Webster Counties;

(m) District 13 - Chickasaw and Monroe Counties;

(n) District 14 - Washington County;

(o) District 15 - Humphreys, Issaquena, Sharkey and Sunflower Counties;

(p) District 16 - Leflore County;

(q) District 17 - Carroll, Holmes and Montgomery Counties;

(r) District 18 - Oktibbeha County;

(s) District 19 - Lowndes County;

(t) District 20 - Attala, Noxubee and Winston Counties;

(u) District 21 - Yazoo County;

(v) District 22 - Madison County;

(w) District 23 - Leake and Scott Counties;

(x) District 24 - Kemper, Neshoba and Newton Counties;

(y) District 25 - Lauderdale County;

(z) District 26 - Warren County;

(aa) District 27 - Hinds County;

(bb) District 28 - Rankin County;

(cc) District 29 - Claiborne, Copiah and Jefferson Counties;

(dd) District 30 - Simpson and Smith Counties;

(ee) District 31 - Clarke, Jasper and Wayne Counties;

(ff) District 32 - Adams County;

(gg) District 33 - Amite, Franklin and Wilkinson Counties;

(hh) District 34 - Pike County;

(ii) District 35 - Lawrence, Lincoln and Walthall Counties;

(jj) District 36 - Covington, Jefferson Davis and Marion Counties;

(kk) District 37 - Jones County;

(ll) District 38 - Lamar County;

(mm) District 39 - Forrest County;

(nn) District 40 - George, Greene, Perry and Stone Counties;

(oo) District 41 - Pearl River County;

(pp) District 42 - Hancock County;

(qq) District 43 - Harrison County; and

(rr) District 44 - 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 court 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.

(i) The Twenty-fourth County Court District, consisting of Hinds County; and

(ii) The Fortieth County Court District, consisting of Harrison County.

( * * *23) * * * The county court judges shall be elected by the qualified electors of the county or county court 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 * * * ~~next~~ 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 designated for purposes of appointment, nomination and election by sequentially numbered places. There shall be no distinction whatsoever in the powers, duties and compensation of any multiple offices of county court judge, except that the county court judge who has been for the longest time continuously a county court judge of the district shall have the right to assign cases, 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 court judge and have the right to assign cases, terms and dockets.

(b) While there shall be no limitation whatsoever upon the powers and duties of the county court judges other than as required 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. * * *~~(1)~~ The county court judge shall possess all of the qualifications of a circuit judge as prescribed by the Mississippi Constitution. * * * The judge of * * *~~said~~ 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 court judge shall be elected by the qualified electors of * * *~~his~~ 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 court 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 * * *an the amount * * *~~not to exceed~~ 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, 2016, 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 annually by each county shall be the compensation paid to the judge or judges of that county for fiscal year 2012. 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. 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) Each county that did not have a county court on January 1, 2016, shall transfer from the general funds of those county treasuries to the Administrative Office of Courts the amount the county spent to compensate the youth court referees as determined by the State Auditor for fiscal year 2016 not including reimbursement for travel expenses. The amounts required under this section shall be paid in twelve (12) installments on the last working day of each month. 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 (b) by the twentieth day of each 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.

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) * * *~~Provided that~~ In the County of Jones, * * * a term shall be held in the second judicial district * * *~~of said county~~ on the second Monday of each month * * *; , and * * *~~provided that~~ 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. * * * ~~Provided that i~~

(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 * * *~~provided further that~~, when * * *~~such~~ the terms are held concurrently, * * *~~either~~ any of the county court judges of Hinds County may be assigned to hold all or any part of * * *~~such~~ the terms in either of the two (2) judicial districts. * * * ~~Provided, further, that~~

(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. * * *~~Provided, however, that~~

(d) In the County of Harrison, * * * a term shall be held in each judicial district concurrently each month. * * * ~~Provided, however, that~~

(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 * * *~~such~~ a term of the county court * * * ~~as may be designated in said order~~. The county court judge may call a special term of the county court upon giving ten (10) days' notice, and * * *~~such~~ notice shall be given by posting * * *~~the same at~~ on the front door of the courthouse in * * *~~said~~ the county and by the publication of * * *~~said~~ notice for one (1) insertion in some newspaper of general circulation in the county.

( * * *23) If a county court * * * district is composed of two (2) or more counties * * *~~as provided in Section 9‑9‑3~~, the terms thereof shall remain continuously open and shall not be closed and the county court judge * * *~~of such court~~ shall * * * set cases as needed.

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 * * *~~such~~ actions where the amount sought to be recovered in * * *~~such~~ the setoff, counterclaim or cross-bill exceeds Two Hundred Thousand Dollars ($200,000.00). * * * ~~Provided, however, the~~ If a party * * *~~filing such~~ 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 * * *~~such~~ 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. * * *It

(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, * * *~~provided that~~ and the actions of eminent domain and unlawful entry and detainer may be returnable and triable before the * * *~~judge of said~~ 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) * * *~~In the event of the establishment of~~ If a county court * * *~~by an agreement between~~ serves two (2) or more counties * * * ~~as provided in Section 9‑9‑3~~, it shall be lawful for * * *~~such~~ 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 * * *~~the other~~ another county under the jurisdiction of * * *~~said~~ the court.

SECTION 6. Section 9-9-23, Mississippi Code of 1972, is amended as follows:

9-9-23. The county court 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. * * *~~: Provided, however, that~~ When any judge or chancellor authorized to issue * * * ~~such~~ writs of injunction * * *, or any other equitable or legal remedial writs * * *~~hereinabove~~ reserved under this section, shall so direct in writing the hearing of application therefor may be by him referred to the county court judge, in which event the * * *~~said~~ direction of the superior judge shall vest in the * * *~~said~~ county court judge all authority to take * * *~~such~~ action on * * *~~said~~ the application as the * * *~~said~~ superior judge could have taken under the right and the law, had the * * *~~said~~ application been at all times before the * * *~~said~~ superior judge * * *~~. The~~ , and jurisdiction * * *~~authorized under the foregoing proviso~~ 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 * * * ~~and~~, 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 * * * ~~and~~, chancellors and county court 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 * * * ~~or a judge of the~~, 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 * * * or, 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 * * *~~such~~ 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 * * *~~such~~ 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 * * * ~~and~~, 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 43-21-107, Mississippi Code of 1972, is amended as follows:

43-21-107. * * *~~(1)~~ A youth court division is hereby created as a division of the county court of each county * * * ~~now or hereafter having a county court~~, and the county court judge shall be the judge of the youth court * * *.

* * *

SECTION 12. Section 43-21-123, Mississippi Code of 1972, is amended as follows:

43-21-123. Except for expenses provided by state funds * * *~~and/~~ or other monies, the board of supervisors * * * 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 * * * court. * * *~~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 * * *, 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 * * *~~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 13. Section 23-15-973, Mississippi Code of 1972, is amended as follows:

23-15-973. It shall be the duty of the judges of the circuit court to give a reasonable time and opportunity to the candidates for the office of judge of the Supreme Court, judges of the Court of Appeals, circuit judge, county court judge and chancellor to address the people during court terms. In order to give further and every possible emphasis to the fact that the said judicial offices are not political but are to be held without favor and with absolute impartiality as to all persons, and because of the jurisdiction conferred upon the courts by this chapter, the judges thereof should be as far removed as possible from any political affiliations or obligations. It shall be unlawful for any candidate for any of the offices mentioned in this section to align himself with any candidate or candidates for any other office or with any political faction or any political party at any time during any primary or general election campaign. Likewise it shall be unlawful for any candidate for any other office nominated or to be nominated at any primary election, wherein any candidate for any of the judicial offices in this section mentioned, is or are to be nominated, to align himself with any one or more of the candidates for said offices or to take any part whatever in any nomination for any one or more of said judicial offices, except to cast his individual vote. Any candidate for any office, whether nominated with or without opposition, at any primary wherein a candidate for any one (1) of the judicial offices herein mentioned is to be nominated who shall deliberately, knowingly and willfully violate the provisions of this section shall forfeit his nomination, or if elected at the following general election by virtue of said nomination, his election shall be void.

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 * * *~~and family 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~~ the district.

SECTION 16. Section 9-13-17, Mississippi Code of 1972, is amended as follows:

9-13-17. The circuit judge, chancellor * * *~~, family court judge~~ or county court 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 * * *~~such~~ the additional court reporter, whenever in his opinion the necessity for * * *~~such~~ 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, * * *~~in the event~~ 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 * * *~~or family~~ court district within the State of Mississippi, if the judge or chancellor * * *~~shall~~ determines that in order to relieve the continuously crowded docket in * * *~~such~~ 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 * * *~~such~~ 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 brought forward as follows:

[From and after October 1, 2015, through September 30, 2016, this section shall read as follows:]

9-13-19. (1) Court reporters for circuit chancery courts may be paid an annual salary payable by the Administrative Office of Courts not to exceed Forty-three Thousand Five Hundred Dollars ($43,500.00) for court reporters with five (5) years' experience or less; not to exceed Forty-eight Thousand Five Hundred Dollars ($48,500.00) for court reporters who have more than five (5) years' experience but less than ten (10) years; and not to exceed Fifty-two Thousand Dollars ($52,000.00) for court reporters who have ten (10) years or more experience. No amount of the increase in the maximum salary authorized by this section shall be paid from the State General Fund. The board of supervisors of any county is authorized to pay its court reporters the applicable amount of the maximum salary authorized by this section. 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) From and after October 1, 1996, all circuit and chancery court reporters will be employees of the Administrative Office of Courts.

(5) No circuit or chancery court reporter shall be entitled to any compensation for any special or extended term of court after passage of this section.

(6) No chancery or circuit 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 circuit or chancery 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.

[From and after October 1, 2016, through September 30, 2017, this section shall read as follows:]

9-13-19. (1) Court reporters for circuit and chancery courts may be paid an annual salary payable by the Administrative Office of Courts not to exceed Forty-six Thousand Five Hundred Dollars ($46,500.00) for court reporters with five (5) years' experience or less; not to exceed Fifty-three Thousand Five Hundred Dollars ($53,500.00) for court reporters who have more than five (5) years' experience but less than ten (10) years; and not to exceed Fifty-eight Thousand Dollars ($58,000.00) for court reporters who have ten (10) years or more experience. No amount of the increase in the maximum salary authorized by this section shall be paid from the State General Fund. The board of supervisors of any county is authorized to pay its court reporters the applicable amount of the maximum salary authorized by this section. 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.

(4) From and after October 1, 1996, all circuit and chancery court reporters will be employees of the Administrative Office of Courts.

(5) No circuit or chancery court reporter shall be entitled to any compensation for any special or extended term of court after passage of this section.

(6) No chancery or circuit court reporter shall practice law in the court within which he or she is the court reporter.

[From and after October 1, 2017, this section shall read as follows:]

9-13-19. (1) Court reporters for circuit and chancery courts may be paid an annual salary payable by the Administrative Office of Courts not to exceed Forty-nine Thousand Five Hundred Dollars ($49,500.00) for court reporters with five (5) years' experience or less; not to exceed Fifty-eight Thousand Five Hundred Dollars ($58,500.00) for court reporters who have more than five (5) years' experience but less than ten (10) years; and not to exceed Sixty-four Thousand Dollars ($64,000,00) for court reporters who have ten (10) years or more experience. No amount of the increase in the maximum salary authorized by this section shall be paid from the State General Fund. The board of supervisors of any county is authorized to pay its court reporters the applicable amount of the maximum salary authorized by this section. 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.

(4) From and after October 1, 1996, all circuit and chancery court reporters will be employees of the Administrative Office of Courts.

(5) No circuit or chancery court reporter shall be entitled to any compensation for any special or extended term of court after passage of this section.

(6) No chancery or circuit court reporter shall practice law in the court within which he or she is the court reporter.

SECTION 18. Section 9-13-61, Mississippi Code of 1972, is amended as follows:

9-13-61. There shall be an official court reporter for each county * * * ~~and family~~ court judge in the State of Mississippi, to be appointed by such judge, for the purpose of performing the necessary and required stenographic work of the court or division thereof over which the appointing judge is presiding, said work to be performed under the direction of such judge and in the same manner and to the same effect as is provided in the chapter on court reporting.

Except as hereinafter provided, the reporters of said courts shall receive an annual salary of not less than Twenty-four Thousand Dollars ($24,000.00) and may, at the discretion of the board of supervisors, receive a monthly salary equal to that of the reporter of the circuit court district wherein the county lies, the same to be paid monthly by the county out of its general fund.

Provided, however, that in any Class 1 county having a population in excess of fifty-six thousand (56,000) persons according to the 1970 federal decennial census, the reporter shall receive a monthly salary equal to that of the reporter of the circuit court district wherein the county or family court lies, the same to be paid monthly by the county out of its general fund.

Provided further, that in any Class 1 county bordering on the Mississippi River and which has situated therein a national military park and national military cemetery, and having a population in excess of forty-four thousand (44,000) according to the 1970 federal decennial census, the reporter shall receive a monthly salary equal to that of the reporter of the circuit court district wherein the county lies, the same to be paid monthly by the county out of its general fund.

Provided further, that in any Class 1 county bordering on the Mississippi River wherein U.S. Highways 61 and 84 intersect, and having a population in excess of thirty-seven thousand (37,000) in the 1960 federal decennial census, the reporter shall receive a monthly salary equal to that of the reporter of the circuit court district wherein the county lies, the same to be paid monthly by the county out of its general fund.

Provided further, that in addition to the foregoing compensation, all county * * *~~and family~~ court reporters shall be paid the same fees for transcript of the record on appeals as are now or hereafter paid circuit court reporters for like or similar work.

SECTION 19. In counties in which a county court existed on December 31, 2015, 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, 2015, 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 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 amended as follows:

43-21-111. * * *

All youth court judges are 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 * * * enforce the provisions of this * * * ~~subsection~~ section and * * * ~~shall~~ maintain records * * * on of all * * * ~~such referees~~ judges regarding * * * ~~such~~ this training. * * *

SECTION 22. Section 43-21-123, Mississippi Code of 1972, is amended as follows:

43-21-123. Except for expenses provided by state funds and * * *~~/or~~ other monies, the board of supervisors * * * shall adequately provide funds for the operation of the youth court division of the * * * county * * * court. * * * Every year the youth court judge or administrator shall prepare and submit to the board of supervisors * * * 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 of any county in which there is located a 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 amended 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 county court 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 amended 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. * * *

* * *

( * * *c2) * * * ~~(i)~~ Each county court is eligible for youth court support funds. The Administrative Office of Courts shall allocate Sixty Thousand Dollars ($60,000.00) per year to each county court district. The funds shall be utilized to provide compensation to an intake officer who shall be responsible for ensuring that all intake and case information for the Division of Youth Services, truancy matters and the Division of Family and Children's Services is entered into the Mississippi Youth Court Information Delivery System (MYCIDS) in an accurate and timely manner. If the county court already has an intake officer or other staff person responsible for entering all cases of the Division of Youth Services, truancy matters and the Division of Family and Children's Services into MYCIDS, the senior county court judge may certify that such a person is already on staff. In such a case, the senior county court judge shall have discretion to direct the expenditure of those funds in hiring other support staff to carry on the business of the court.

( * * *iia) 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~~b) 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~~ employees of the county.

( * * *ivc) 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.

( * * *vd) The Administrative Office of Courts may approve expenditure from the fund for additional equipment for support staff appointed pursuant to this paragraph if funds are available for 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.

* * *

( * * *b3) 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.

( * * *34) (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) * * *

~~(ii)~~ During each regular legislative session * * * ~~subsequent to the 2007 Regular Session~~, the Legislature shall appropriate * * * Two Million Six Hundred Forty Thousand Dollars ($2,640,000.00) 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~~ or county court district 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 99-35-1, Mississippi Code of 1972, is amended as follows:

99-35-1. In all cases of conviction of a criminal offense against the laws of the state by the judgment of a justice court, or by a municipal court, for the violation of an ordinance thereof, an appeal may be taken within forty (40) days from the date of such judgment of conviction to the county court of the county * * * which shall stay the judgment appealed from. Any person appealing a judgment of a justice court or a municipal court under this section shall post bond for court costs relating to such appeal. The amount of such bond shall be determined by the justice court judge or municipal judge, payable to the state in an amount of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00).

On appearance of the appellant in the * * *~~circuit~~ county court the case shall be tried anew and disposed of as other cases pending therein.

SECTION 26. 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 27. Section 9-9-9, Mississippi Code of 1972, which restricts the practice of law by county court judges, is repealed.

SECTION 28. Section 9-9-13, Mississippi Code of 1972, which allows municipalities to supplement county court judge salaries, is repealed.

SECTION 29. Section 9-9-14, Mississippi Code of 1972, which allows an additional county court judge for Harrison County, is repealed.

SECTION 30. Section 9-9-15, Mississippi Code of 1972, which allows additional county court judges for Hinds County, is repealed.

SECTION 31. Section 9-9-16, Mississippi Code of 1972, which allows an additional county court judge for Washington County, is repealed.

SECTION 32. Section 9-9-17, Mississippi Code of 1972, which allows an additional judge for Jackson County, is repealed.

SECTION 33. Section 9-9-18, Mississippi Code of 1972, which allows an additional county court judge for Rankin County, is repealed.

SECTION 34. Section 9-9-18.1, Mississippi Code of 1972, which allows an additional county court judge for Madison County, is repealed.

SECTION 35. Section 9-9-18.2, Mississippi Code of 1972, which allows a county court judge for Pearl River County, is repealed.

SECTION 36. Section 9-9-18.3, Mississippi Code of 1972, which allows an additional county court judge for Lauderdale County, is repealed.

SECTION 37. Section 9-9-18.5, Mississippi Code of 1972, which allows an additional county court judge for DeSoto County, is repealed.

SECTION 38. 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 39. Candidates for the new county court judgeships created by this act shall run for those offices in a special election to be conducted in conjunction with the general election of November 2016. Candidates shall file the intent to be a candidate not later than 5:00 p.m. on June 1, 2016, and otherwise shall qualify as provided by Section 23-15-977, and shall run for office and be elected as provided in Sections 23-15-974 through 23-15-985 (Nonpartisan Judicial Election Act). The judges elected shall serve a two-year term to begin January 1, 2017, and the terms of those offices shall thereafter be as is provided for circuit judges generally.

SECTION 40. Section 39 of this act shall take effect and be in force from and after its passage, and the remainder of this act shall take effect and be in force from and after January 1, 2017.