Bill Text: MS SB2746 | 2024 | Regular Session | Introduced
Bill Title: Seventh Circuit Court District; authorize additional judges and legal assistants for.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [SB2746 Detail]
Download: Mississippi-2024-SB2746-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary, Division A; Appropriations
By: Senator(s) Norwood
Senate Bill 2746
AN ACT TO AMEND SECTION 9-7-25, MISSISSIPPI CODE OF 1972, TO AUTHORIZE FOUR ADDITIONAL CIRCUIT COURT JUDGESHIPS IN THE SEVENTH CIRCUIT COURT DISTRICT; TO AMEND SECTION 25-31-5, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ADDITIONAL LEGAL ASSISTANTS IN THE SEVENTH CIRCUIT COURT DISTRICT; TO PROVIDE THE PROCEDURE TO FILL THE CIRCUIT JUDGESHIPS CREATED IN THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-7-25, Mississippi Code of 1972, is brought forward as follows:
9-7-25. (1) There shall be * * * eight (8) circuit judges for
the Seventh Circuit Court District. * * * Two (2) judges shall be
elected from each subdistrict.
(2) While there shall be no limitation whatsoever upon the powers and duties of the said judges other than as cast upon them by the Constitution and laws of this state, the court in the First Judicial District of Hinds County, in the discretion of the senior circuit judge, may be divided into civil and criminal divisions as a matter of convenience, by the entry of an order upon the minutes of the court.
SECTION 2. Section 25-31-5, Mississippi Code of 1972, is amended as follows:
25-31-5. (1) The following number of full-time legal assistants are authorized in the following circuit court districts:
(a) First Circuit Court District.............. ten (10) legal assistants.
(b) Second Circuit Court District.......... eleven (11) legal assistants.
(c) Third Circuit Court District............... six (6) legal assistants.
(d) Fourth Circuit Court District............. six (6) legal assistants.
(e) Fifth Circuit Court District.............. five (5) legal assistants.
(f) Sixth Circuit Court District............. three (3) legal assistants.
(g) Seventh Circuit Court
District......... * * * twenty-five (25) legal assistants. * * *
(h) Eighth Circuit Court District............ three (3) legal assistants.
(i) Ninth Circuit Court District............. three (3) legal assistants.
(j) Tenth Circuit Court District.............. five (5) legal assistants.
(k) Eleventh Circuit Court District........... five (5) legal assistants.
(l) Twelfth Circuit Court District............ five (5) legal assistants.
(m) Thirteenth Circuit Court District......... four (4) legal assistants.
(n) Fourteenth Circuit Court District.......... six (6) legal assistants.
(o) Fifteenth Circuit Court District......... seven (7) legal assistants.
(p) Sixteenth Circuit Court District........... six (6) legal assistants.
(q) Seventeenth Circuit Court District........ four (4) legal assistants.
(r) Eighteenth Circuit Court District.......... two (2) legal assistants.
(s) Nineteenth Circuit Court District........ seven (7) legal assistants.
(t) Twentieth Circuit Court District......... seven (7) legal assistants.
(u) Twenty-first Circuit Court District....... four (4) legal assistants.
(v) Twenty-second Circuit Court District..... three (3) legal assistants.
(w) Twenty-third Circuit Court District ..... five (5) legal assistants.
(2) In addition to any legal assistants authorized pursuant to subsection (1) of this section, the following number of full-time legal assistants are authorized (i) in the following circuit court districts if funds are appropriated by the Legislature to adequately fund the salaries, expenses and fringe benefits of such legal assistants, or (ii) in any of the following circuit court districts in which the board of supervisors of one or more of the counties in a circuit court district adopts a resolution to pay all of the salaries, supplemental pay, expenses and fringe benefits of legal assistants authorized in such district pursuant to this subsection:
(a) First Circuit Court District................two (2) legal assistants.
(b) Second Circuit Court District...............two (2) legal assistants.
(c) Third Circuit Court District................two (2) legal assistants.
(d) Fourth Circuit Court District...............two (2) legal assistants.
(e) Fifth Circuit Court District................two (2) legal assistants.
(f) Sixth Circuit Court District................two (2) legal assistants.
(g) Seventh Circuit Court District..............two (2) legal assistants.
(h) Eighth Circuit Court District...............two (2) legal assistants.
(i) Ninth Circuit Court District................two (2) legal assistants.
(j) Tenth Circuit Court District................two (2) legal assistants.
(k) Eleventh Circuit Court District.............two (2) legal assistants.
(l) Twelfth Circuit Court District..............two (2) legal assistants.
(m) Thirteenth Circuit Court District...........two (2) legal assistants.
(n) Fourteenth Circuit Court District...........two (2) legal assistants.
(o) Fifteenth Circuit Court District............two (2) legal assistants.
(p) Sixteenth Circuit Court District............two (2) legal assistants.
(q) Seventeenth Circuit Court District..........two (2) legal assistants.
(r) Eighteenth Circuit Court District...........two (2) legal assistants.
(s) Nineteenth Circuit Court District...........two (2) legal assistants.
(t) Twentieth Circuit Court District............two (2) legal assistants.
(u) Twenty-first Circuit Court District.........two (2) legal assistants.
(v) Twenty-second Circuit Court District........two (2) legal assistants.
(w) Twenty-third Circuit Court District........two (2) legal assistants.
(3) The board of supervisors of any county may pay all or a part of the salary, supplemental pay, expenses and fringe benefits of any district attorney or legal assistant authorized in the circuit court district to which such county belongs pursuant to this section.
(4) The district attorney of any circuit court district may employ additional legal assistants or criminal investigators, or both, without regard to any limitation on the number of legal assistants authorized in this section or criminal investigators authorized by other provisions of law to the extent that the district attorney's office receives funds from any source. Any source shall include, but is not limited to, office generated funds, funds from a county, a combination of counties, a municipality, a combination of municipalities, federal funds, private grants or foundations, or by means of an Interlocal Cooperative Agreement authorized by Section 17-13-1 which may be expended for those positions in an amount sufficient to pay all of the salary, supplemental pay, expenses and fringe benefits of the positions. Such funds may either be paid out of district attorney accounts, transferred by the district attorney to the Department of Finance and Administration or to one or more of the separate counties comprising the circuit court district, and the funds shall be disbursed to such employees in the same manner as state-funded criminal investigators and full-time legal assistants. The district attorney shall report to the board of supervisors of each county comprising the circuit court district the amount and source of the supplemental salary, expenses and fringe benefits, and the board in each county shall spread the same on its minutes. The district attorney shall also report such information to the Department of Finance and Administration which shall make such information available to the Legislative Budget Office.
(5) The district attorney shall be authorized to assign the duties of a legal assistant regardless of the source of funding for such legal assistants.
SECTION 3. Candidates for the circuit 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 2024. Candidates shall file the intent to be a candidate not later than 5:00 p.m. on June 1, 2024, 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 which is the Nonpartisan Judicial Election Act. The judges elected shall serve a two-year term to begin January 1, 2025, and the terms of those offices shall thereafter be as is provided for chancellors and circuit judges generally.
SECTION 4. This act shall take effect and be in force from and after July 1, 2024.
