Bill Text: MS SB2763 | 2016 | Regular Session | Introduced
Bill Title: Youth court referees; revise manner of appointing and reappointing.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [SB2763 Detail]
Download: Mississippi-2016-SB2763-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary, Division A
By: Senator(s) Fillingane
Senate Bill 2763
AN ACT TO AMEND SECTION 43-21-111, MISSISSIPPI CODE OF 1972, TO REVISE THE MANNER OF APPOINTING AND REAPPOINTING YOUTH COURT REFEREES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-21-111, Mississippi Code of 1972, is amended as follows:
43-21-111. (1) (a)
In any county not having a county court * * * and subject to paragraph
(b) of this subsection, 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.
(b) A youth court referee position may be filled only after posting public notice of the vacancy for ninety (90) days on the Mississippi Supreme court website, The Mississippi Bar website, and by advertisement in newspapers of general local circulation in each municipality of the counties located in the county. No attorney is eligible for appointment who, at the time of the appointment, is related by affinity or consanguinity to a judge of the appointing court.
(c) (i) Public notice of a court's intention to reappoint an attorney to continue to serve a subsequent term as a youth court referee must be posted not later than eight (8) months before expiration of the incumbent referee's term; the notice must inform the public and The Mississippi Bar of the opportunity to provide written comments for the appointing court to consider upon determining reappointment of the incumbent.
(ii) The required notice must be posted on the Mississippi Supreme Court website, The Mississippi Bar website, and by advertisement in newspapers of general local circulation in each municipality of the counties located in the county, identifying the incumbent youth court referee, the date of expiration of the incumbent's term, the date by which comments must be received by the appointing court, and the address to which to submit the written comments.
(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 2. This act shall take effect and be in force from and after July 1, 2016.
