Bill Text: MS SB2768 | 2024 | Regular Session | Introduced
Bill Title: Judicial districts; create new chancery and circuit court district.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [SB2768 Detail]
Download: Mississippi-2024-SB2768-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary, Division A
By: Senator(s) DeBar
Senate Bill 2768
AN ACT TO CREATE NEW SECTION 9-5-59, MISSISSIPPI CODE OF 1972, TO CREATE THE TWENTY-FIRST CHANCERY COURT DISTRICT; TO CREATE NEW SECTION 9-7-65, MISSISSIPPI CODE OF 1972, TO CREATE THE TWENTY-FOURTH CIRCUIT COURT DISTRICT; TO AMEND SECTION 9-5-35, MISSISSIPPI CODE OF 1972, TO REDUCE THE NUMBER OF COUNTIES IN THE TENTH CHANCERY COURT DISTRICT; TO AMEND SECTION 9-5-49, MISSISSIPPI CODE OF 1972, TO REDUCE THE NUMBER OF COUNTIES IN THE SIXTEENTH CHANCERY COURT DISTRICT; TO AMEND SECTION 9-5-55, MISSISSIPPI CODE OF 1972, TO REDUCE THE NUMBER OF COUNTIES IN THE NINETEENTH CHANCERY COURT DISTRICT; TO AMEND SECTION 9-7-31, MISSISSIPPI CODE OF 1972, TO REDUCE THE NUMBER OF COUNTIES IN THE TENTH CIRCUIT COURT DISTRICT; TO AMEND SECTION 9-7-35, MISSISSIPPI CODE OF 1972, TO REDUCE THE NUMBER OF COUNTIES IN THE TWELFTH CIRCUIT COURT DISTRICT; TO AMEND SECTION 9-7-49, MISSISSIPPI CODE OF 1972, TO REDUCE THE NUMBER OF COUNTIES IN THE NINETEENTH CIRCUIT COURT DISTRICT; TO AMEND SECTION 25-31-5, MISSISSIPPI CODE OF 1972, TO PROVIDE LEGAL ASSISTANTS FOR THE TWENTY-FOURTH CIRCUIT COURT DISTRICT; TO AMEND SECTION 9-5-36, MISSISSIPPI CODE OF 1972, TO CONFORM; TO PROVIDE THE PROCEDURE TO FILL THE OFFICE OF DISTRICT ATTORNEY FOR THE TWENTY-FOURTH CIRCUIT COURT DISTRICT; TO PROVIDE THE PROCEDURE TO FILL THE CHANCELLORSHIP AND THE CIRCUIT JUDGESHIP CREATED IN THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 9-5-59, Mississippi Code of 1972:
9-5-59. The Twenty-first Chancery Court District is composed of the following counties:
(a) George County;
(b) Green County;
(c) Perry County; and
(d) Wayne County.
SECTION 2. The following shall be codified as Section 9-7-65, Mississippi Code of 1972:
9-7-65. The Twenty-fourth Circuit Court District is composed of the following counties:
(a) George County;
(b) Green County;
(c) Perry County; and
(d) Wayne County.
SECTION 3. Section 9-5-35, Mississippi Code of 1972, is amended as follows:
9-5-35. The Tenth Chancery Court District is composed of the following counties:
(a) Forrest County;
(b) Lamar County;
(c) Marion County; and
(d) Pearl River County * * *.
* * *
SECTION 4. Section 9-5-49, Mississippi Code of 1972, is amended as follows:
9-5-49. The Sixteenth
Chancery Court District * * *is composed of the following counties:
shall be Jackson County.
SECTION 5. Section 9-5-55, Mississippi Code of 1972, is amended as follows:
9-5-55. The Nineteenth
Chancery Court District * * *
shall be Jones County * * *.
* * *
SECTION 6. Section 9-7-31, Mississippi Code of 1972, is amended as follows:
9-7-31. The Tenth Circuit Court District is composed of the following counties:
(a) Clarke County;
(b) Kemper County; and
(c) Lauderdale County * * *.
* * *
SECTION 7. Section 9-7-35, Mississippi Code of 1972, is amended as follows:
9-7-35. (1) The Twelfth
Circuit Court District * * *
shall be Forrest County * * *.
* * *
(2) There shall be two (2)
judges for the Twelfth Circuit Court District. 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 8. Section 9-7-49, Mississippi Code of 1972, is amended as follows:
9-7-49. * * * The Nineteenth Circuit Court District * * *
shall be Jackson County.
* * *
SECTION 9. 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......... twelve (12) legal assistants. Effective July 1, 2023, through July 1, 2025, the Seventh Circuit Court District shall have fourteen (14) 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.
(x) Twenty-fourth 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.
(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.
(x) Twenty-fourth 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 10. Section 9-5-36, Mississippi Code of 1972, is amended as follows:
9-5-36. (1) There shall be four (4) chancellors for the Tenth Chancery Court District.
(2) 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
may be a resident of any county in the district. The chancellor to fill Place
Two must be a resident of Lamar, Marion * * * or Pearl River * * *
County. The chancellor to fill Place Three must 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.
SECTION 11. Candidates for the district attorney of the Twenty-fourth Circuit Court District created by this act shall run for office 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 and shall run for office and be elected as provided by law. The district attorney elected shall serve a three-year term to begin January 1, 2025, and the term of the office shall thereafter be as is provided for district attorneys generally.
SECTION 12. Candidates for the chancellorship and the circuit judgeship 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 13. This act shall take effect and be in force from and after its passage.
