Bill Text: MS SB2766 | 2010 | Regular Session | Introduced

Mississippi Senate Bill 2766 (Prior Session Legislation)

Introduced

Bill Title: Judges, district attorneys, assistant district attorneys and criminal investigators; revise.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-02-02 - Died In Committee [SB2766 Detail]

Download: Mississippi-2010-SB2766-Introduced.html

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Judiciary, Division A

By: Senator(s) Jones

Senate Bill 2766

AN ACT TO BRING FORWARD SECTIONS 9-5-3, 9-5-5, 9-5-7, 9-5-9, 9-5-11, 9-5-13, 9-5-15, 9-5-17, 9-5-19, 9-5-21, 9-5-22, 9-5-23, 9-5-25, 9-5-27, 9-5-29, 9-5-31, 9-5-33, 9-5-35, 9-5-36, 9-5-37, 9-5-38, 9-5-39, 9-5-40, 9-5-41, 9-5-43, 9-5-45, 9-5-47, 9-5-49, 9-5-50, 9-5-51, 9-5-53, 9-5-54, 9-5-55, 9-5-57, 9-5-58, 9-7-3, 9-7-5, 9-7-7, 9-7-9, 9-7-11, 9-7-13, 9-7-14, 9-7-15, 9-7-17, 9-7-19, 9-7-20, 9-7-21, 9-7-23, 9-7-25, 9-7-27, 9-7-29, 9-7-31, 9-7-30, 9-7-32, 9-7-33, 9-7-34, 9-7-35, 9-7-37, 9-7-39, 9-7-41, 9-7-42, 9-7-43, 9-7-44, 9-7-45, 9-7-46, 9-7-47, 9-7-49, 9-7-51, 9-7-53, 9-7-54, 9-7-55, 9-7-57, 25-31-5, 25-31-8, 25-31-10 AND 25-13-11, MISSISSIPPI CODE OF 1972, REGARDING CHANCERY COURT DISTRICTS AND JUDGES, CIRCUIT COURT DISTRICTS AND JUDGES, DISTRICT ATTORNEYS, LEGAL ASSISTANTS TO DISTRICT ATTORNEYS AND CRIMINAL INVESTIGATORS FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 9-5-3, Mississippi Code of 1972, is brought forward as follows:

9-5-3. (1) The state shall be divided into an appropriate

number of chancery court districts, severally numbered and comprised of the counties as set forth in the sections which follow. A court to be styled "The Chancery Court of the County of ____" shall be held in each county, and within each judicial district of a county having two (2) judicial districts, at least twice a year. From and after January 1, 1995, the dates upon which court shall be held in chancery court districts consisting of a single county shall be the same dates state agencies and political subdivisions are open for business excluding legal holidays. The dates upon which terms shall commence and the number of days for which terms shall continue in chancery court districts consisting of more than one (1) county shall be set by order of the chancellor in accordance with the provisions of subsection (2) of this section. A matter in court may extend past such terms if the interest of justice so requires.

(2) An order establishing the commencement and continuation of terms of court for each of the counties within a chancery court district consisting of more than one (1) county shall be entered annually and not later than October 1 of the year immediately preceding the calendar year for which such terms of court are to become effective. Notice of the dates upon which the terms of court shall commence and the number of days for which such terms shall continue in each of the counties within a chancery court district shall be posted in the office of the chancery clerk of each county within the district and mailed to the office of the Secretary of State for publication and distribution to all members of the Mississippi Bar. In the event that an order is not timely entered as herein provided, the terms of court for each of the counties within any such chancery court district shall remain unchanged for the next calendar year.

(3) The number of chancellorships for each chancery court district shall be determined by the Legislature based upon the following criteria:

(a) The population of the district;

(b) The number of cases filed in the district;

(d) The geographic area of the district;

(e) An analysis of the needs of the district by the court personnel of the district; and

(f) Any other appropriate criteria.

(4) The Judicial College of the University of Mississippi Law Center and the Administrative Office of Courts shall determine the appropriate:

(a) Specific data to be collected as a basis for applying the above criteria;

(b) Method of collecting and maintaining the specified data; and

(5) In a district having more than one (1) office of chancellor, there shall be no distinction whatsoever in the powers, duties and emoluments of those offices except that the chancellor who has been for the longest time continuously a chancellor of that court or, should no chancellor have served longer in office than the others, the chancellor who has been for the longest time a member of The Mississippi Bar, shall be the senior chancellor. The senior chancellor shall have the right to assign causes and dockets and to set terms in districts consisting of more than one (1) county.

SECTION 2. Section 9-5-5, Mississippi Code of 1972, is brought forward as follows:

9-5-5. The First Chancery Court District shall be comprised of the following counties:

(a) Alcorn County;

(b) Itawamba County;

(d) Monroe County;

(e) Pontotoc County;

(f) Prentiss County;

(g) Tishomingo County; and

(h) Union County.

SECTION 3. Section 9-5-7, Mississippi Code of 1972, is brought forward as follows:

9-5-7. (1) There shall be four (4) chancellors for the First Chancery Court District.

(2) For purposes of appointment and election, the four (4) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two," "Place Three" and "Place Four." The chancellor to fill Place One shall be a resident of Alcorn, Prentiss or Tishomingo County. The chancellors to fill Place Two and Place Three shall be a resident of Itawamba, Lee, Monroe, Pontotoc or Union County. The chancellor to fill Place Four shall be a resident of any county in the district. Election of the four (4) offices of chancellor shall be by election to be held in every county within the First Chancery Court District of Mississippi.

SECTION 4. Section 9-5-9, Mississippi Code of 1972, is brought forward as follows:

9-5-9. The Second Chancery Court District shall be comprised of the following counties:

(a) Jasper County;

(b) Newton County; and

SECTION 5. Section 9-5-11, Mississippi Code of 1972, is brought forward as follows:

9-5-11. (1) The Third Chancery Court District shall be comprised of the following counties:

(a) DeSoto County;

(b) Grenada County;

(d) Panola County;

(e) Tate County; and

(f) Yalobusha County.

(2) The Third Chancery Court District shall be divided into two (2) subdistricts as follows:

(a) Subdistrict 3-1 shall consist of DeSoto County.

(b) Subdistrict 3-2 shall consist of Grenada County, Montgomery County, Panola County, Tate County and Yalobusha County.

SECTION 6. Section 9-5-13, Mississippi Code of 1972, is brought forward as follows:

9-5-13. (1) There shall be three (3) chancellors for the Third Chancery Court District.

(2) (a) The chancellor of Subdistrict 3-1 shall be elected from DeSoto County. The two (2) chancellors of Subdistrict 3-2 shall be elected from Grenada County, Montgomery County, Panola County, Tate County and Yalobusha County.

(b) For purposes of appointment and election, the three (3) chancellorships shall be separate and distinct. The chancellorship in Subdistrict 3-1 shall be denominated only as "Place One," and the chancellorships in Subdistrict 3-2 shall be denominated only as "Place Two" and "Place Three."

SECTION 7. Section 9-5-15, Mississippi Code of 1972, is brought forward as follows:

9-5-15. The Fourth Chancery Court District shall be comprised of the following counties:

(a) Amite County;

(b) Franklin County;

(d) Walthall County.

SECTION 8. Section 9-5-17, Mississippi Code of 1972, is brought forward as follows:

9-5-17. (1) The Fifth Chancery Court District shall be comprised of Hinds County.

(2) The Fifth Chancery Court District shall be divided into the following four (4) subdistricts:

(a) Subdistrict 5-1 shall consist of the following precincts in Hinds County: Precincts 33, 34, 35, 36, 44, 45, 46, 78, 79, 72, 73, 74, 75, 76, 77, 92, 93, 96, 1, 2, 4, 5, 6, 8, 9, 10, 32, 47 and 97.

(b) Subdistrict 5-2 shall consist of the following precincts in Hinds County: Precincts 37, 38, 39, 40, 41, 42, 43, 80, 81, 82, 83, 84, 11, 12, 13, 14, 15, 16, 17, 23, 27, 28, 29, 30 and 85, Brownsville, Cynthia, Pocahontas and Tinnin Precincts.

(c) Subdistrict 5-3 shall consist of the following precincts in Hinds County: Precincts 21, 22, 25, 31, 86, 58, 59, 66, 67, 68, 69, 70, 71, 89, 24, 26, 54, 55, 56, 57, 60, 61, 62, 18, 19, 20, 50, 51, 52, 53, 63 and 64.

(d) Subdistrict 5-4 shall consist of the following precincts in Hinds County: Precincts 94, 95, 87, 88, 90 and 91, Bolton, Edwards, Pine Haven, Utica 1, Utica 2, Byram, Cayuga, Learned, Clinton 1, Clinton 2, Clinton 3, Clinton 4, Clinton 5, Clinton 6, Raymond 1, Raymond 2, Spring Ridge, St. Thomas, Old Byram, Terry, Chapel Hill and Dry Grove Precincts.

SECTION 9. Section 9-5-19, Mississippi Code of 1972, is brought forward as follows:

9-5-19. (1) There shall be four (4) chancellors for the Fifth Chancery Court District. One (1) chancellor shall be elected from each subdistrict.

(2) While there shall be no limitation whatsoever upon the powers and duties of the said chancellors 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 chancellor, may be divided into four (4) divisions as a matter of convenience by the entry of an order upon the minutes of the court.

SECTION 10. Section 9-5-21, Mississippi Code of 1972, is brought forward as follows:

9-5-21. The Sixth Chancery Court District shall be comprised of the following counties:

(a) Attala County;

(b) Carroll County;

(d) Kemper County;

(e) Neshoba County; and

(f) Winston County.

SECTION 11. Section 9-5-22, Mississippi Code of 1972, is brought forward as follows:

9-5-22. (1) There shall be two (2) chancellors for the Sixth Chancery Court District.

(2) For purposes of appointment and election, the two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

SECTION 12. Section 9-5-23, Mississippi Code of 1972, is brought forward as follows:

9-5-23. (1) The Seventh Chancery Court District shall be comprised of the following counties:

(a) Bolivar County;

(b) Coahoma County;

(d) Quitman County;

(e) Tallahatchie County; and

(f) Tunica County.

(2) The Seventh Chancery Court District shall be divided into two (2) subdistricts as follows:

(a) Subdistrict 7-1 shall consist of Bolivar County and Coahoma County;

(b) Subdistrict 7-2 shall consist of Leflore County, Quitman County, Tallahatchie County and Tunica County.

SECTION 13. Section 9-5-25, Mississippi Code of 1972, is brought forward as follows:

[Until January 1, 2011, this section shall read as follows:]

9-5-25. There shall be two (2) chancellors for the Seventh Chancery Court District. One (1) chancellor shall be elected from each subdistrict.

[From and after January 1, 2011, provided Laws of 2005, Chapter 501, is effectuated under Section 5 of the Voting Rights Act of 1965, this section shall read as follows:]

9-5-25. (1) There shall be three (3) chancellors for the Seventh Chancery Court District. The three (3) chancellorships shall be separate and distinct. One (1) chancellor shall be elected from Subdistrict 7-1 and shall be denominated for purposes of appointment and election only as "Place One," and two (2) chancellors shall be elected from Subdistrict 7-2 and shall be denominated for purposes of appointment and election only as "Place Two" and "Place Three."

(2) Chancellors in the Seventh Chancery Court District shall not have the power to name a special master or family master.

SECTION 14. Section 9-5-27, Mississippi Code of 1972, is brought forward as follows:

9-5-27. The Eighth Chancery Court District shall be comprised of the following counties:

(a) Hancock County;

(b) Harrison County; and

SECTION 15. Section 9-5-29, Mississippi Code of 1972, is brought forward as follows:

9-5-29. (1) There shall be four (4) chancellors for the Eighth Chancery Court District.

(3) While there shall be no limitation whatsoever upon the powers and duties of said chancellors other than as cast upon them by the Constitution and laws of this state, the court in the Eighth Chancery Court District, in the discretion of the senior chancellor, may be divided into four (4) divisions as a matter of convenience by the entry of an order upon the minutes of the court.

SECTION 16. Section 9-5-31, Mississippi Code of 1972, is brought forward as follows:

9-5-31. (1) The Ninth Chancery Court District shall be comprised of the following counties:

(a) Humphreys County;

(b) Issaquena County;

(d) Sunflower County;

(e) Warren County; and

(f) Washington County.

(2) The Ninth Chancery Court District shall be divided into three (3) subdistricts as follows:

(a) Subdistrict 9-1 shall consist of the following precincts in the following counties:

(i) Sunflower County: Indianola 3 North, Indianola 3 South, Ruleville, Boyer-Linn, Fairview-Hale, Rome, Sunflower Plantation, Drew and Ruleville North Precincts; and

(ii) Washington County: Buster Brown Community Center, Extension Building, Faith Lutheran Church, Brent Center, William Percy Library, American Legion, Metcalf City Hall, Elks Club, Leland Health Department Clinic, Leland Light and Water Plant and Greenville Industrial College Precincts.

(b) Subdistrict 9-2 shall consist of Humphreys County and the following precincts in the following counties:

(i) Sunflower County: Inverness, Indianola 1, Moorhead, Indianola 2 West, Indianola 2 East, Sunflower, Indianola 3 Northeast and Doddsville Precincts; and

(ii) Washington County: St. James Episcopal Church, Swiftwater Baptist Church, Glen Allan Health Clinic, Italian Club, Ward's Recreation Center, Avon Health Center, Arcola City Hall, Kapco Co., Hollandale City Hall, Darlove Baptist Church, Mangelardi Bourbon Store and Grace Methodist Church Precincts.

SECTION 17. Section 9-5-33, Mississippi Code of 1972, is brought forward as follows:

9-5-33. There shall be three (3) chancellors for the Ninth Chancery Court District. One (1) chancellor shall be elected from each subdistrict.

SECTION 18. Section 9-5-35, Mississippi Code of 1972, is brought forward as follows:

9-5-35. The Tenth Chancery Court District shall be comprised of the following counties:

(a) Forrest County;

(b) Lamar County;

(d) Pearl River County; and

(e) Perry County.

SECTION 19. Section 9-5-36, Mississippi Code of 1972, is brought forward as follows:

9-5-36. (1) There shall be four (4) chancellors for the Tenth Chancery Court District.

(2) For purposes of appointment and election, the four (4) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two," "Place Three" and "Place Four." The chancellor to fill Place One and Place Four shall be a resident of any county in the district. The chancellor to fill Place Two shall be a resident of Lamar, Marion, Pearl River or Perry County. The chancellor to fill Place Three shall be a resident of Forrest County. Election of the four (4) offices of chancellor shall be by election to be held in every county within the Tenth Chancery Court District of Mississippi.

SECTION 20. Section 9-5-37, Mississippi Code of 1972, is brought forward as follows:

9-5-37. (1) The Eleventh Chancery Court District shall be comprised of the following counties:

(a) Holmes County;

(b) Leake County;

(d) Yazoo County.

(2) The Eleventh Chancery Court District shall be divided into two (2) subdistricts as follows:

(a) Subdistrict 11-1 shall consist of Holmes County, Yazoo County and Canton Precinct 4, Canton Precinct 5, Smith School, Magnolia Heights and Flora Precincts of Madison County;

(b) Subdistrict 11-2 shall consist of Leake County and Farmhaven, Madisonville, Trace Harbor, Canton Precinct 1, Canton Precinct 2, Canton Precinct 3, Canton Precinct 6, Cameron Street, Bear Creek, Madison, Ridgeland, Gluckstadt, Lorman/Cavalier, Virlilia, Cameron, Couparle, Camden and Sharon Precincts of Madison County.

SECTION 21. Section 9-5-38, Mississippi Code of 1972, is brought forward as follows:

9-5-38. There shall be two (2) chancellors for the Eleventh Chancery Court District. One (1) chancellor shall be elected from each subdistrict.

SECTION 22. Section 9-5-39, Mississippi Code of 1972, is brought forward as follows:

9-5-39. The Twelfth Chancery Court District shall be comprised of the following counties:

(a) Clarke County; and

(b) Lauderdale County.

SECTION 23. Section 9-5-40, Mississippi Code of 1972, is brought forward as follows:

9-5-40. (1) There shall be two (2) judges for the Twelfth Chancery Court District.

(2) For purposes of appointment and election, the two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

SECTION 24. Section 9-5-41, Mississippi Code of 1972, is brought forward as follows:

9-5-41. (1) The Thirteenth Chancery Court District shall be comprised of the following counties:

(a) Covington County;

(b) Jefferson Davis County;

(d) Simpson County; and

(e) Smith County.

(2) There shall be two (2) chancellors for the Thirteenth Chancery Court District. For purposes of appointment and election, the two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

SECTION 25. Section 9-5-43, Mississippi Code of 1972, is brought forward as follows:

9-5-43. (1) The Fourteenth Chancery Court District shall be comprised of the following counties:

(a) Chickasaw County;

(b) Clay County;

(d) Noxubee County;

(e) Oktibbeha County; and

(f) Webster County.

(2) The Fourteenth Chancery Court District shall be divided into three (3) subdistricts as follows:

(a) Subdistrict 14-1 shall consist of Chickasaw County, Webster County and the following precincts in Oktibbeha County: West Starkville, Adaton, North Longview, Self Creek, Double Springs, Northeast Starkville, East Starkville, North Starkville, Maben, South Starkville, South Longview, Craig Springs, Bradley, Center Grove and Sturgis Precincts.

(b) Subdistrict 14-2 shall consist of the following precincts in the following counties:

(i) Clay County: Vinton, East West Point, Siloam, Central West Point, South West Point and Cedar Bluff Precincts; and

(ii) Lowndes County: Caledonia, Steens A, Steens B, Caldwell, Stokes Beard B, Fairview, Sale, Rural Hill B, Lee High, Brandon, Franklin, Air Base A, Air Base B, Air Base C, Steens C, Rural Hill A, New Hope A, Mitchell, New Hope B, Union Academy A and University A Precincts.

(i) Clay County: North West Point, Union Star, Tibbee, Cairo, Caradine, Una, West West Point, Pheba and Pine Bluff Precincts;

(ii) Lowndes County: Stokes Beard A, Fair Grounds, Coleman, Plum Grove A, Crawford A, Hunt B, Hunt A, Union Academy B, University B, West Lowndes, Artesia, Mayhew, Crawford B, Crawford C, New Hope C and Plum Grove B Precincts; and

(iii) Oktibbeha County: Osborn, Hickory Grove, Bell Schoolhouse, Central Starkville, Gillespie Street Center, Sessums and Oktoc Precincts.

SECTION 26. Section 9-5-45, Mississippi Code of 1972, is brought forward as follows:

9-5-45. There shall be three (3) chancellors for the Fourteenth Chancery Court District. One (1) chancellor shall be elected from each subdistrict.

SECTION 27. Section 9-5-47, Mississippi Code of 1972, is brought forward as follows:

9-5-47. The Fifteenth Chancery Court District shall be comprised of the following counties:

(a) Copiah County; and

(b) Lincoln County.

SECTION 28. Section 9-5-49, Mississippi Code of 1972, is brought forward as follows:

9-5-49. The Sixteenth Chancery Court District shall be comprised of the following counties:

(a) George County;

(b) Greene County; and

SECTION 29. Section 9-5-50, Mississippi Code of 1972, is brought forward as follows:

9-5-50. (1) There shall be three (3) chancellors for the Sixteenth Chancery Court District.

(2) For the purposes of appointment and election, the three (3) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two" and "Place Three."

SECTION 30. Section 9-5-51, Mississippi Code of 1972, is brought forward as follows:

9-5-51. (1) The Seventeenth Chancery Court District shall be comprised of the following counties:

(a) Adams County;

(b) Claiborne County;

(d) Wilkinson County.

(2) The Seventeenth Chancery Court District shall be divided into two (2) subdistricts as follows:

(a) Subdistrict 17-1 shall consist of Claiborne County, Jefferson County, and the following precincts in Adams County: Maryland Heights, Palestine, Northside School, Thompson, Pine Ridge, Airport, Anchorage and Washington Precincts.

(b) Subdistrict 17-2 shall consist of Wilkinson County and the following precincts in Adams County: Courthouse, By-Pass Fire Station, Cloverdale, Bellemont, Carpenter No. 1, Duncan Park, Beau Pre, Kingston, Concord, Liberty Park, Morgantown and Oakland Precincts.

(3) There shall be two (2) chancellors for the Seventeenth Chancery Court District. One (1) chancellor shall be elected from each subdistrict.

SECTION 31. Section 9-5-53, Mississippi Code of 1972, is brought forward as follows:

9-5-53. The Eighteenth Chancery Court District shall be comprised of the following counties:

(a) Benton County;

(b) Calhoun County;

(d) Marshall County; and

(e) Tippah County.

SECTION 32. Section 9-5-54, Mississippi Code of 1972, is brought forward as follows:

9-5-54. (1) There shall be two (2) chancellors for the Eighteenth Chancery Court District.

(2) For purposes of appointment and election, the two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

SECTION 33. Section 9-5-55, Mississippi Code of 1972, is brought forward as follows:

9-5-55. The Nineteenth Chancery Court District shall be comprised of the following counties:

(a) Jones County; and

(b) Wayne County.

SECTION 34. Section 9-5-57, Mississippi Code of 1972, is brought forward as follows:

9-5-57. The Twentieth Chancery Court District shall be comprised of Rankin County.

SECTION 35. Section 9-5-58, Mississippi Code of 1972, is brought forward as follows:

9-5-58. There shall be two (2) chancellors for the Twentieth Chancery Court District. For purposes of appointment and election the two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

SECTION 36. Section 9-7-3, Mississippi Code of 1972, is brought forward as follows:

9-7-3. (1) The state is divided into an appropriate number of circuit court districts severally numbered and comprised of the counties as set forth in the sections which follow. A court to be styled "The Circuit Court of the County of ____" shall be held in each county, and within each judicial district of a county having two (2) judicial districts, at least twice a year. From and after January 1, 1995, the dates upon which court shall be held in circuit court districts consisting of a single county shall be the same dates state agencies and political subdivisions are open for business excluding legal holidays. The dates upon which terms shall commence and the number of days for which such terms shall continue in circuit court districts consisting of more than one (1) county shall be set by order of the circuit court judge in accordance with the provisions of subsection (2) of this section. A matter in court may extend past such times if the interest of justice so requires.

(2) An order establishing the commencement and continuation of terms of court for each of the counties within a circuit court district consisting of more than one (1) county shall be entered annually and not later than October 1 of the year immediately preceding the calendar year for which such terms of court are to become effective. Notice of the dates upon which the terms of court shall commence and the number of days for which such terms shall continue in each of the counties within a circuit court district shall be posted in the office of the circuit clerk of each county within the district and mailed to the office of the Secretary of State for publication and distribution to all members of the Mississippi Bar. In the event that an order is not timely entered as herein provided, the terms of court for each of the counties within any such circuit court district shall remain unchanged for the next calendar year. A certified copy of any order entered under the provisions of this subsection shall, immediately upon the entry thereof, be delivered to the clerk of the board of supervisors in each of the counties within the circuit court district.

(3) The number of judges in each circuit court district shall be determined by the Legislature based upon the following criteria:

(a) The population of the district;

(b) The number of cases filed in the district;

(d) The geographic area of the district;

(e) An analysis of the needs of the district by the court personnel of the district; and

(f) Any other appropriate criteria.

(4) The Judicial College of the University of Mississippi Law Center and the Administrative Office of Courts shall determine the appropriate:

(a) Specific data to be collected as a basis for applying the above criteria;

(b) Method of collecting and maintaining the specified data; and

(5) In a district having more than one (1) office of circuit judge, there shall be no distinction whatsoever in the powers, duties and emoluments of those offices except that the judge who has been for the longest time continuously a judge of that court or, should no judge have served longer in office than the others, the judge who has been for the longest time a member of the Mississippi Bar, shall be the senior judge. The senior judge shall have the right to assign causes and dockets and to set terms in districts consisting of more than one (1) county.

SECTION 37. Section 9-7-5, Mississippi Code of 1972, is brought forward as follows:

9-7-5. The First Circuit Court District shall be comprised of the following counties:

(a) Alcorn County;

(b) Itawamba County;

(d) Monroe County;

(e) Pontotoc County;

(f) Prentiss County; and

(g) Tishomingo County.

SECTION 38. Section 9-7-7, Mississippi Code of 1972, is brought forward as follows:

9-7-7. (1) There shall be four (4) judges for the First Circuit Court District.

(2) For purposes of appointment and election, the four (4) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two," "Place Three" and "Place Four." The judge to fill Place One shall be a resident of Alcorn, Prentiss or Tishomingo County. The judges to fill Place Two and Place Three shall be a resident of Itawamba, Lee, Monroe or Pontotoc County. The judge to fill Place Four shall be a resident of any county in the district. Election of the four (4) offices of judge shall be by election to be held in every county within the First Circuit Court District.

SECTION 39. Section 9-7-9, Mississippi Code of 1972, is brought forward as follows:

9-7-9. The Second Circuit Court District shall be comprised of the following counties:

(a) Hancock County;

(b) Harrison County; and

SECTION 40. Section 9-7-11, Mississippi Code of 1972, is brought forward as follows:

9-7-11. (1) There shall be four (4) circuit judges for the Second Circuit Court District.

(2) For the purposes of appointment and election the four (4) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two," "Place Three" and "Place Four."

SECTION 41. Section 9-7-13, Mississippi Code of 1972, is brought forward as follows:

9-7-13. The Third Circuit Court District shall be comprised of the following counties:

(a) Benton County;

(b) Calhoun County;

(d) Lafayette County;

(e) Marshall County;

(f) Tippah County; and

(g) Union County.

SECTION 42. Section 9-7-14, Mississippi Code of 1972, is brought forward as follows:

9-7-14. (1) There shall be three (3) circuit judges for the Third Circuit Court District.

(2) For purposes of appointment and election, the three (3) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two" and "Place Three." The judge to fill "Place One" shall be a resident of Calhoun, Chickasaw, Lafayette or Union County. The judge to fill "Place Two" shall be a resident of Benton, Marshall or Tippah County. The judge to fill "Place Three" shall be a resident of any county in the district.

SECTION 43. Section 9-7-15, Mississippi Code of 1972, is brought forward as follows:

9-7-15. (1) The Fourth Circuit Court District shall be composed of the following counties:

(a) Leflore County;

(b) Sunflower County; and

(2) The Fourth Circuit Court District shall be divided into four (4) subdistricts as follows:

(a) Subdistrict 4-1 shall consist of the following precincts in the following counties:

(i) Leflore County: Minter City, North Greenwood, Money, Northeast Greenwood, Schlater, West Greenwood, Mississippi Valley State University and Southeast Greenwood Precincts; and

(ii) Sunflower County: Ruleville, Rome, Sunflower Plantation, Drew, Doddsville, Boyer-Linn, Fairview-Hale and Ruleville North Precincts.

(b) Subdistrict 4-2 shall consist of the following precincts in the following counties:

(i) Sunflower County: Indianola 1, Sunflower, Indianola 3 North, Indianola 3 South and Indianola 3 Northeast Precincts; and

(ii) Washington County: Extension Building, Faith Lutheran Church, American Legion, Metcalfe City Hall, Elks Club, Leland Health Department Clinic, Leland Light and Water Plant and Greenville Industrial College Precincts.

(i) Leflore County: East Greenwood Sub-A, East Greenwood Sub-B, Central Greenwood, North Itta Bena, South Itta Bena, Southwest Greenwood, Rising Sun, Sidon, Morgan City, Swiftown and South Greenwood Precincts;

(ii) Sunflower County: Moorhead, Inverness, Indianola 2 West and Indianola 2 East Precincts; and

(iii) Washington County: Arcola City Hall, Hollandale City Hall, Darlove Baptist Church and Mangelardi Bourbon Store Precincts.

(d) Subdistrict 4-4 shall consist of the following precincts in Washington County: St. James Episcopal Church, Swiftwater Baptist Church, Glen Allan Health Clinic, Italian Club, Ward's Recreation Center, Buster Brown Community Center, Avon Health Center, Kapco Company, Brent Center, William Percy Library and Grace Methodist Church Precincts.

(3) The local contributions required for the maintenance of the Fourth Circuit Court District shall be paid on a pro rata basis each by Leflore, Sunflower and Washington Counties.

SECTION 44. Section 9-7-17, Mississippi Code of 1972, is brought forward as follows:

9-7-17. There shall be four (4) circuit judges for the Fourth Circuit Court District. One (1) circuit judge shall be elected from each subdistrict.

SECTION 45. Section 9-7-19, Mississippi Code of 1972, is brought forward as follows:

9-7-19. The Fifth Circuit Court District shall be comprised of the following counties:

(a) Attala County;

(b) Carroll County;

(d) Grenada County;

(e) Montgomery County;

(f) Webster County; and

(g) Winston County.

SECTION 46. Section 9-7-20, Mississippi Code of 1972, is brought forward as follows:

9-7-20. (1) There shall be two (2) judges for the Fifth Circuit Court District.

(2) For purposes of appointment and election, the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

SECTION 47. Section 9-7-21, Mississippi Code of 1972, is brought forward as follows:

9-7-21. (1) The Sixth Circuit Court District shall be comprised of the following counties:

(a) Adams County;

(b) Amite County;

(d) Wilkinson County.

(2) The Sixth Circuit Court District shall be divided into two (2) subdistricts as follows:

(a) Subdistrict 6-1 shall consist of Wilkinson County and the following precincts in the following counties:

(i) Adams County: Courthouse, By-Pass Fire Station, Cloverdale, Carpenter No. 1, Concord, Maryland Heights, Northside School, Thompson, Pine Ridge, Airport and Anchorage Precincts; and

(ii) Amite County: Gloster, Ariel, Homochitto, Crosby, East Centreville, Street and Berwick Precincts.

(b) Subdistrict 6-2 shall consist of Franklin County, all of Amite County except Gloster, Ariel, Homochitto, Crosby, East Centreville, Street and Berwick Precincts and the following precincts in Adams County: Bellemont, Duncan Park, Beau Pre, Kingston, Liberty Park, Palestine, Morgantown, Oakland and Washington Precincts.

(3) There shall be two (2) circuit judges for the Sixth Circuit Court District. One (1) judge shall be elected from each subdistrict.

SECTION 48. Section 9-7-23, Mississippi Code of 1972, is brought forward as follows:

9-7-23. (1) The Seventh Circuit Court District shall be comprised of Hinds County.

(2) The Seventh Circuit Court District shall be divided into four (4) subdistricts in Hinds County as follows:

(a) Subdistrict 7-1 shall consist of the following precincts in Hinds County: Precincts 33, 34, 35, 36, 44, 45, 46, 78, 79, 72, 73, 74, 75, 76, 77, 92, 93, 96, 1, 2, 4, 5, 6, 8, 9, 10, 32, 47 and 97.

(b) Subdistrict 7-2 shall consist of the following precincts in Hinds County: Precincts 37, 38, 39, 40, 41, 42, 43, 80, 81, 82, 83, 84, 11, 12, 13, 14, 15, 16, 17, 23, 27, 28, 29, 30 and 85, Brownsville, Cynthia, Pocahontas and Tinnin Precincts.

(c) Subdistrict 7-3 shall consist of the following precincts in Hinds County: Precincts 21, 22, 25, 31, 86, 58, 59, 66, 67, 68, 69, 70, 71, 89, 24, 26, 54, 55, 56, 57, 60, 61, 62, 18, 19, 20, 50, 51, 52, 53, 63 and 64.

(d) Subdistrict 7-4 shall consist of the following precincts in Hinds County: Precincts 94, 95, 87, 88, 90 and 91, Bolton, Edwards, Pine Haven, Utica 1, Utica 2, Byram, Cayuga, Learned, Clinton 1, Clinton 2, Clinton 3, Clinton 4, Clinton 5, Clinton 6, Raymond 1, Raymond 2, Spring Ridge, St. Thomas, Old Byram, Terry, Chapel Hill and Dry Grove Precincts.

SECTION 49. Section 9-7-25, Mississippi Code of 1972, is brought forward as follows:

9-7-25. (1) There shall be four (4) circuit judges for the Seventh Circuit Court District. One (1) judge 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 50. Section 9-7-27, Mississippi Code of 1972, is brought forward as follows:

9-7-27. (1) The Eighth Circuit Court District shall be comprised of the following counties:

(a) Leake County;

(b) Neshoba County;

(d) Scott County.

(2) There shall be two (2) judges for the Eighth Circuit Court District. The initial term for the second judgeship created under this section shall begin on the effective date of Laws, 1997, Ch. 378, and shall end at the same time as for circuit judges generally.

(3) For purposes of appointment and election, the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

SECTION 51. Section 9-7-29, Mississippi Code of 1972, is brought forward as follows:

9-7-29. (1) The Ninth Circuit Court District shall be comprised of the following counties:

(a) Issaquena County;

(b) Sharkey County; and

(2) The Ninth Circuit Court District shall be divided into two (2) subdistricts as follows:

(a) Subdistrict 9-1 shall consist of Issaquena County, Sharkey County and the following precincts in Warren County: St. Aloysius, Kings, Cedar Grove, Waltersville, Auditorium, Brunswick, Vicksburg Junior High School and American Legion Precincts.

(b) Subdistrict 9-2 shall consist of the following precincts in Warren County: Oak Ridge, Bovina, Culkin, Redwood, Number 7 Firestation, Jett, Elks Lodge, Goodrum, Yokena, Plumbers Hall, Y.M.C.A., Moose Lodge and Tingleville Precincts.

SECTION 52. Section 9-7-31, Mississippi Code of 1972, is brought forward as follows:

9-7-31. The Tenth Circuit Court District shall be comprised of the following counties:

(a) Clarke County;

(b) Kemper County;

(d) Wayne County.

SECTION 53. Section 9-7-30, Mississippi Code of 1972, is brought forward as follows:

9-7-30. There shall be two (2) judges for the Ninth Circuit Court District. One (1) judge shall be elected from each subdistrict.

SECTION 54. Section 9-7-32, Mississippi Code of 1972, is brought forward as follows:

9-7-32. (1) There shall be two (2) judges for the Tenth Circuit Court District.

(2) For purposes of appointment and election, the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

SECTION 55. Section 9-7-33, Mississippi Code of 1972, is brought forward as follows:

9-7-33. (1) The Eleventh Circuit Court District shall be comprised of the following counties:

(a) Bolivar County;

(b) Coahoma County;

(d) Tunica County.

(2) The Eleventh Circuit Court District shall be divided into three (3) subdistricts as follows:

(a) Subdistrict 11-1 shall consist of the following precincts from the following counties:

(i) Bolivar County: Gunnison, Rosedale, Pace, Benoit, Scott, East-Central Cleveland, Cleveland Courthouse, Central Cleveland, West Cleveland, Longshot, North Cleveland, Skene, Shaw, Boyle and Stringtown Precincts; and

(ii) Coahoma County: Sherard, Clarksdale 2-4, Rena Lara, and Bobo Precincts.

(b) Subdistrict 11-2 shall consist of the following precincts from the following counties:

(i) Bolivar County: Alligator-Duncan, Shelby, Mound Bayou, Winstonville, Merigold, and East Cleveland Precincts;

(ii) Coahoma County: Clarksdale 4-2, Mattson, Clarksdale 3-3, Cagle Crossing and Roundway Precincts; and

(iii) Quitman County: North Marks, West Marks, Sabino, West Lambert, Lambert, and Mattie Precincts.

(i) Coahoma County: Lula, Farrell, Friars Point, Lyon, Clarksdale 1-4, Clarksdale 1-4A, Clarksdale 1-4B, Clarksdale 1-4C, Clarksdale 1-4D, Clarksdale 1-4E, Clarksdale 1-4F, Clarksdale 2-4A, Clarksdale 2-4B, Clarksdale 2-4C, Clarksdale 3-3A, Clarksdale 3-3B, Clarksdale 3-3C, Clarksdale 3-3D, Clarksdale 3-3E, Clarksdale 3-3F, Clarksdale 4-2A, Clarksdale 5-4, Clarksdale 5-4A, Clarksdale 5-4B, Coahoma and Jonestown Precincts; and

(ii) Quitman County: Crenshaw, Sledge, Birdie Darling, Belen, Marks, and Crowder Precincts.

SECTION 56. Section 9-7-34, Mississippi Code of 1972, is brought forward as follows:

9-7-34. There shall be three (3) judges for the Eleventh Circuit Court District. One (1) judge shall be elected from each subdistrict.

SECTION 57. Section 9-7-35, Mississippi Code of 1972, is brought forward as follows:

9-7-35. The Twelfth Circuit Court District shall be comprised of the following counties:

(a) Forrest County; and

(b) Perry County.

SECTION 58. Section 9-7-37, Mississippi Code of 1972, is brought forward as follows:

9-7-37. The Thirteenth Circuit Court District shall be comprised of the following counties:

(a) Covington County;

(b) Jasper County;

(d) Smith County.

SECTION 59. Section 9-7-39, Mississippi Code of 1972, is brought forward as follows:

9-7-39. (1) The Fourteenth Circuit Court District shall be comprised of the following counties:

(a) Lincoln County;

(b) Pike County; and

(2) (a) There shall be two (2) judges for the Fourteenth Circuit Court District.

(b) For purposes of appointment and election, the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

SECTION 60. Section 9-7-41, Mississippi Code of 1972, is brought forward as follows:

9-7-41. The Fifteenth Circuit Court District shall be comprised of the following counties:

(a) Jefferson Davis County;

(b) Lamar County;

(d) Marion County; and

(e) Pearl River County.

SECTION 61. Section 9-7-42, Mississippi Code of 1972, is brought forward as follows:

9-7-42. (1) There shall be two (2) judges for the Fifteenth Circuit Court District.

(2) For purposes of appointment and election, the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

SECTION 62. Section 9-7-43, Mississippi Code of 1972, is brought forward as follows:

9-7-43. The Sixteenth Circuit Court District shall be comprised of the following counties:

(a) Clay County;

(b) Lowndes County;

(d) Oktibbeha County.

SECTION 63. Section 9-7-44, Mississippi Code of 1972, is brought forward as follows:

[Effective until January 1, 2007, this section shall read as follows:]

9-7-44. There shall be two (2) judges for the Sixteenth Circuit Court District.

[Effective from and after January 1, 2007, and until January 1, 2011, provided Laws, 2005, Chapter 501 is effectuated under Section 5 of the Voting Rights Act of 1965, this section shall read as follows:]

9-7-44. (1) There shall be two (2) judges for the Sixteenth Circuit Court District.

(2) For purposes of appointment and election, the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

[Effective from and after January 1, 2011, provided Laws, 2005, Chapter 501 is effectuated under Section 5 of the Voting Rights Act of 1965, this section shall read as follows:]

9-7-44. (1) There shall be three (3) judges for the Sixteenth Circuit Court District.

(2) For purposes of appointment and election, the three (3) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two" and "Place Three." The judge to fill Place One shall be a resident of Lowndes County. The judge to fill Place Two shall be a resident of Oktibbeha County. The judge to fill Place Three shall be a resident of either Clay or Noxubee County. Election of the three (3) offices of judge shall be by election to be held in every county within the Sixteenth Circuit Court District.

SECTION 64. Section 9-7-45, Mississippi Code of 1972, is brought forward as follows:

9-7-45. The Seventeenth Circuit Court District shall be divided into two (2) subdistricts as follows:

(a) Subdistrict 17-1 shall consist of DeSoto County; and

(b) Subdistrict 17-2 shall consist of Panola County, Tallahatchie County, Tate County and Yalobusha County.

SECTION 65. Section 9-7-46, Mississippi Code of 1972, is brought forward as follows:

[Effective until January 1, 2011, this section shall read as follows:]

9-7-46. (1) There shall be three (3) circuit judges for the Seventeenth Circuit Court District.

(2) For the purpose of appointment and election, the three (3) judgeships shall be separate and distinct, and one (1) judge shall be elected from Subdistrict 17-1 and two (2) judges shall be elected from Subdistrict 17-2. For purposes of appointment and election, the three (3) judgeships shall be separate and distinct. The two (2) judgeships in Subdistrict 17-2 shall be denominated as "Place One" and "Place Two," and the judgeship in Subdistrict 17-1 shall be denominated as "Place Three."

[Effective from and after January 1, 2011, this section shall read as follows:]

9-7-46. (1) There shall be four (4) circuit judges for the Seventeenth Circuit Court District.

(2) For the purpose of appointment and election, the four (4) judgeships shall be separate and distinct, and one (1) judge shall be elected from Subdistrict 17-1, two (2) judges shall be elected from Subdistrict 17-2, and one (1) judge shall be elected from every county in the district. The two (2) judgeships in Subdistrict 17-2 shall be denominated as "Place One" and "Place Two," the judgeship in Subdistrict 17-1 shall be denominated as "Place Three," and the at-large judgeship shall be denominated as "Place Four."

SECTION 66. Section 9-7-47, Mississippi Code of 1972, is brought forward as follows:

9-7-47. The Eighteenth Circuit Court District shall be Jones County.

SECTION 67. Section 9-7-49, Mississippi Code of 1972, is brought forward as follows:

9-7-49. (1) The Nineteenth Circuit Court District shall be comprised of the following counties:

(a) George County;

(b) Greene County; and

(2) The local contribution required for the maintenance of the Nineteenth Circuit Court District shall not exceed, as to George and Greene Counties, the amount of their present local contribution in their present respective circuit court districts, and any excess shall be paid by Jackson County.

SECTION 68. Section 9-7-51, Mississippi Code of 1972, is brought forward as follows:

9-7-51. (1) There shall be three (3) circuit judges for the Nineteenth Circuit Court District. For the purposes of appointment and election, the three (3) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two" and "Place Three."

(2) The senior judge of the Nineteenth Circuit Court District may divide the court of any county within the district into civil, criminal and appellate court divisions as a matter of convenience by the entry of an order upon the minutes of the court.

SECTION 69. Section 9-7-53, Mississippi Code of 1972, is brought forward as follows:

9-7-53. The Twentieth Circuit Court District shall be comprised of the following counties:

(a) Madison County; and

(b) Rankin County.

SECTION 70. Section 9-7-54, Mississippi Code of 1972, is brought forward as follows:

9-7-54. (1) There shall be two (2) judges for the Twentieth Circuit Court District.

(2) For purposes of appointment and election, the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

SECTION 71. Section 9-7-55, Mississippi Code of 1972, is brought forward as follows:

9-7-55. The Twenty-first Circuit Court District shall be comprised of the following counties:

(a) Holmes County;

(b) Humphreys County; and

SECTION 72. Section 9-7-57, Mississippi Code of 1972, is brought forward as follows:

9-7-57. The Twenty-second Circuit Court District shall be comprised of the following counties:

(a) Claiborne County;

(b) Copiah County; and

SECTION 73. Section 25-31-5, Mississippi Code of 1972, is brought forward 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........ eight (8)

legal assistants.

(b) Second Circuit Court District....... nine (9)

legal assistants.

(d) Fourth Circuit Court District....... five (5)

legal assistants.

(e) Fifth Circuit Court District........ five (5)

legal assistants.

(f) Sixth Circuit Court District........ two (2)

legal assistants.

(g) Seventh Circuit Court District...... eleven (11)

legal assistants.

(h) Eighth Circuit Court District....... three (3)

legal assistants.

(i) Ninth Circuit Court District........ two (2)

legal assistants.

(j) Tenth Circuit Court District........ four (4)

legal assistants.

(k) Eleventh Circuit Court District..... five (5)

legal assistants.

(l) Twelfth Circuit Court District...... four (4)

legal assistants.

(m) Thirteenth Circuit Court District... three (3)

legal assistants.

(n) Fourteenth Circuit Court District... four (4)

legal assistants.

(o) Fifteenth Circuit Court District.... five (5)

legal assistants.

(p) Sixteenth Circuit Court District.... four (4)

legal assistants.

(q) Seventeenth Circuit Court District.. six (6)

legal assistants.

(r) Eighteenth Circuit Court District... two (2)

legal assistants.

(s) Nineteenth Circuit Court District... four (4)

legal assistants.

(t) Twentieth Circuit Court District.... four (4)

legal assistants.

(u) Twenty-first Circuit Court District. two (2)

legal assistants.

(v) Twenty-second Circuit Court District two (2)

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.

(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.

(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 federal funds 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 shall be transferred by the district attorney to the Department of Finance and Administration, which shall disburse the funds to such employees in the same manner as state-funded criminal investigators and full-time legal assistants.

(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 74. Section 25-31-8, Mississippi Code of 1972, is brought forward as follows:

25-31-8. From and after July 1, 2006, in all circuit court districts in this state existing now or hereafter created, the district attorney shall receive from sums appropriated for such purpose from the General Fund or any special fund of the State of Mississippi, an office operating allowance for the necessary expenses of operating the office of the district attorney, including stenographic help, and other items and expenditures necessary and incident to the investigation of criminal cases, the general expenses of the office of the investigation of criminal cases, the general expenses of the office of the district attorney for preparing and/or trying felony cases and all other cases requiring the services of the district attorney, the sum of Thirty-five Thousand Dollars ($35,000.00) for each district, and an additional Four Thousand Dollars ($4,000.00) for each assistant authorized by Section 25-31-5(1). All expenditures made from such office operating allowances shall be upon written requisition of the duly elected district attorney to the State Auditor, as otherwise provided by law. The district attorney may delegate to the board of supervisors of any county in his district the responsibility and authority to employ and set the salary of not more than one (1) employee for the office of such district attorney, such salary to be paid as other expenditures are paid from the funds provided by this section. Such employee shall be deemed to be appointed and employed by the board of supervisors and the salary shall not be deemed to be a pecuniary benefit provided by the district attorney's office. The district attorney shall be authorized to assign the duties of any employees regardless of the source of funding for such employees.

SECTION 75. Section 25-31-10, Mississippi Code of 1972, is brought forward as follows:

25-31-10. (1) Any district attorney may appoint a full-time criminal investigator.

(2) The district attorneys of the Third, Fifth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth and Twentieth Circuit Court Districts may appoint one (1) additional full-time criminal investigator for a total of two (2) full-time criminal investigators.

(3) The district attorneys of the First, Second, Fourth, Seventh and Nineteenth Circuit Court Districts may appoint two (2) additional full-time criminal investigators for a total of three (3) full-time criminal investigators.

(4) No district attorney or assistant district attorney shall accept any private employment, civil or criminal, in any matter investigated by such criminal investigators.

(5) The full and complete compensation for all public duties rendered by said criminal investigators shall be not more than Fifty-nine Thousand Five Hundred Dollars ($59,500.00) per annum, to be determined at the discretion of the district attorney based upon the qualifications, education and experience of the criminal investigator, plus necessary travel and other expenses, to be paid in accordance with Section 25-31-8. However, the maximum salary under this subsection for a criminal investigator who has a law degree may be supplemented by the district attorney from other available funds, but not to exceed the maximum salary for a legal assistant to a district attorney.

(6) Any criminal investigator may be designated by the district attorney to attend the Law Enforcement Officers Training Program set forth in Section 45-6-1 et seq., Mississippi Code of 1972. The total expenses associated with attendance by criminal investigators at the Law Enforcement Officers Training Program shall be paid out of the funds of the appropriate district attorney.

(7) The district attorney shall be authorized to assign the duties of criminal investigators regardless of the source of funding for such criminal investigators.

SECTION 76. Section 25-13-11, Mississippi Code of 1972, is brought forward as follows:

25-13-11. Any member upon withdrawal from service, upon or after attainment of the age of fifty-five (55) years, who shall have completed at least five (5) years of creditable service, or any member upon withdrawal from service upon or after attainment of the age of forty-five (45) years, who shall have completed at least twenty (20) years of creditable service, or any member upon withdrawal from service, regardless of age, who shall have completed at least twenty-five (25) years of creditable service, shall be entitled to receive a retirement allowance which shall be payable the first of the month following receipt of the member's application in the Office of the Executive Director of the Public Employees' Retirement System, but in no event before withdrawal from service.

Any member whose withdrawal from service occurs prior to attaining the age of fifty-five (55) years, who shall have completed more than five (5) years of creditable service and shall not have received a refund of the member's accumulated contributions, shall be entitled to receive a retirement allowance beginning upon his attaining the age of fifty-five (55) years of the amount earned and accrued at the date of withdrawal from service.

The annual amount of the retirement allowance shall consist of:

(a) A member's annuity, which shall be the actuarial equivalent of the accumulated contributions of the member at the time of retirement, computed according to the actuarial table in use by the system.

(b) An employer's annuity which, together with the member's annuity provided above, shall be equal to two and one-half percent (2-1/2%) of the average compensation, based on the four (4) highest consecutive years, for each year of membership service.

(c) A prior service annuity equal to two and one-half percent (2-1/2%) of the average compensation, based on the four (4) highest consecutive years, for each year of prior service for which the member is allowed credit.

(d) In the case of retirement of any member prior to attaining the age of fifty-five (55) years, the retirement allowance shall be computed in accordance with the formula hereinabove set forth in this section, except that the employer's annuity and prior service annuity above described shall be reduced three percent (3%) for each year of age below fifty-five (55) years, or three percent (3%) for each year of service below twenty-five (25) years of creditable service, whichever is lesser.

(e) Upon retiring from service, a member shall be eligible to obtain retirement benefits, as computed above, for life, except that the aggregate amount of the employer's annuity and prior service annuity above described shall not exceed more than one hundred percent (100%) of the average compensation regardless of the years of service.

(f) Any member in the service who shall have attained the age of sixty (60) years shall be retired forthwith. However, any member who has attained age sixty (60) may ask the Commissioner of Public Safety to allow him to continue in service with the Mississippi Highway Safety Patrol beyond age sixty (60). If the commissioner determines that the member's continuance in service would be advantageous to the Highway Safety Patrol because of his expert knowledge, experience or qualifications, the member shall be allowed to continue in service beyond age sixty (60) for a period of one (1) year. After the initial one-year continuance, the commissioner may authorize the member to continue in service for additional periods of one (1) year until the member attains age sixty-five (65), at which time retirement shall be mandatory.

(g) Notwithstanding any provision of this chapter pertaining to the Mississippi Highway Safety Patrol Retirement System, no payments may be made for a retirement allowance on a monthly basis for a period of time in excess of that allowed by any applicable federal law.

(h) In no case shall any retired member who has completed at least fifteen (15) years of creditable service receive less than Five Hundred Dollars ($500.00) per month; in no case shall any retired member who has completed ten (10) or more years of creditable service, but less than fifteen (15) years of creditable service, receive less than Three Hundred Dollars ($300.00) per month; and in no case shall any retired member who has completed less than ten (10) years of creditable service receive less than Two Hundred Fifty Dollars ($250.00) per month. In no case shall a beneficiary who is receiving a retirement allowance receive less than Two Hundred Fifty Dollars ($250.00) per month or Three Thousand Dollars ($3,000.00) per year.

(i) Any retired member who is receiving a retirement allowance on July 1, 1999, shall receive an ad hoc increase in the annual retirement allowance equal to Three Dollars and Fifty Cents ($3.50) per month for each full fiscal year through June 30, 1999, that the member has actually drawn retirement payments from the date of retirement, or the date of last retirement if there is more than one (1) retirement date, plus an amount equal to One Dollar ($1.00) per month for each full year of creditable service and proportionately for each quarter year of creditable service, as documented by the system and on which benefits are being paid. If there are multiple beneficiaries receiving a retirement allowance from a deceased member's account, the ad hoc increase shall be divided proportionately.

SECTION 77. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 78. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.