MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Fees and Salaries of Public Officers

By: Representative Moak

AN ACT TO AMEND SECTION 25-3-36, MISSISSIPPI CODE OF 1972, TO CREATE A UNIFORM SALARY FOR ALL JUSTICE COURT JUDGES IN THE STATE; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 25-3-36, Mississippi Code of 1972, is amended as follows:

25-3-36. (1) Beginning on the effective date of House Bill No. , 1997 Regular Session, every justice court judge shall receive as full compensation for his or her services and in lieu of any and all * * * fees, costs or compensation * * * authorized for such justice court judge before the effective date of House Bill No. , 1997 Regular Session, other than fees authorized for marriage ceremonies under Section 25-7-25(h), an annual salary of Twenty-eight Thousand Four Hundred Dollars ($28,400.00); however, no salary shall be reduced during the term of a justice court judge existing on the effective date of House Bill No. , 1997 Regular Session.

(2) From and after January 1, 1984, all fees, costs, fines and penalties charged and collected in the justice court shall be paid to the clerk of the justice court for deposit, along with monies from cash bonds and other monies which have been forfeited in criminal cases, into the general fund of the county as provided in Section 9-11-19; and the clerk of the board of supervisors shall be authorized and empowered, upon approval by the board of supervisors, to make disbursements and withdrawals from the general fund of the county in order to pay any reasonable and necessary expenses incurred in complying with this section, including payment of the salaries of justice court judges as provided by subsection (1) of this section. The provisions of this subsection shall not, except as to cash bonds and other monies which have been forfeited in criminal cases, apply to monies required to be deposited in the justice court clerk clearing account as provided in Section 9-11-18.

(3) The salary provided for in subsection (1) of this section shall be payable monthly by warrant drawn by the clerk of the board of supervisors on the general fund of the county.

(4) Any justice court judge who is unable to attend and hold court by reason of being under suspension by the Commission on Judicial Performance or the Mississippi Supreme Court shall not receive a salary while under such suspension.

SECTION 2. The Attorney General of the State of Mississippi is hereby directed to 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 3. This act shall take effect and be in force from and after October 1, 1997, if it is effectuated on or before that date under Section 5 of the Voting Rights Act of 1965, as amended and extended. If it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, after October 1, 1997, 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.