MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Fees and Salaries of Public Officers; Judiciary B

By: Representative Guice

AN ACT TO AMEND SECTION 9-11-2, MISSISSIPPI CODE OF 1972, TO REVISE THE NUMBER OF JUSTICE COURT JUDGES ACCORDING TO CERTAIN POPULATION AMOUNTS; TO AMEND SECTIONS 19-19-1 AND 19-19-2, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE NUMBER OF CONSTABLES IN A COUNTY SHALL BE EQUAL TO THE NUMBER OF JUSTICE COURT JUDGES; TO AMEND SECTION 25-3-36, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPENSATION OF JUSTICE COURT JUDGES; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 9-11-2, Mississippi Code of 1972, is amended as follows:

9-11-2. (1) From and after January 1, 2000, there shall be a competent number of justice court judges in each county of the state. The number of justice court judges for each county shall be determined as follows:

(a) In counties with a population, according to the latest federal decennial census, of thirty-five thousand (35,000) and less, there shall be two (2) justice court judges.

(b) In counties with a population, according to the latest federal decennial census, of more than thirty-five thousand (35,000) and less than one hundred fifty thousand (150,000), there shall be three (3) justice court judges.

(c) In counties with a population, according to the latest federal decennial census, of one hundred fifty thousand (150,000) and more, there shall be four (4) justice court judges.

(2) The board of supervisors shall establish single member election districts in the county for the election of each of the justice court judges authorized and required to be elected for the county under the provisions of subsection (1) of this section, and one (1) justice court judge shall be elected for each district by the electors thereof. In any county authorized and required under the provisions of paragraph (1)(a) of this section to provide for the election of two (2) justice court judges for the county in which there are two (2) judicial districts, the smaller of such judicial districts, according to population based upon the latest federal decennial census, shall comprise or shall be wholly encompassed within one (1) of such election districts.

(3) Nothing in this section shall be construed to authorize or require more than four (4) justice court judges in any one (1) county from and after January 1, 2000, nor to authorize or require an increase or decrease in the number of justice court judges for any county during the term of office of any justice court judge.

(4) Notwithstanding the foregoing provisions of this section, in any county whose justice court districts drawn pursuant to subsection (2) of this section are, on November 8, 1983, being controverted in a court action or being reviewed pursuant to the procedure established by the Voting Rights Act of 1965, as amended and extended, those justice court judges serving on such date shall continue to hold office until:

(a) A final adjudication of the court action or approval of the new districts pursuant to the Voting Rights Act; and

(b) The election and qualification of successors of such justice court judges as provided by law.

SECTION 2. Section 19-19-1, Mississippi Code of 1972, is amended as follows:

19-19-1. (1) In accordance with the provisions of Section 19-19-2, there shall be the same number of constables as there are justice court judges in each county of the state.

(2) The board of supervisors shall furnish each constable with at least two (2) complete uniforms and with some type of motor vehicle identification which clearly indicates that the motor vehicle is being used by a constable in his official capacity. A constable shall, at all times while on official duty, wear his uniform and, when in his vehicle, clearly display his official motor vehicle identification required to be furnished pursuant to this subsection. In addition, the board of supervisors shall provide each constable with a blue flashing light which the constable shall affix to his motor vehicle at all times while using such motor vehicle on official duty. The design of such uniforms, the design of such motor vehicle identification and the type of such flashing blue light shall be prescribed by the Board on Law Enforcement Officers Standards and Training in order that all constables within the state shall be similarly equipped.

SECTION 3. Section 19-19-2, Mississippi Code of 1972, is amended as follows:

19-19-2. The board of supervisors of each county shall establish single member election districts in the county for the election of each of the constables at the 1987 general election and for each general election thereafter. Such districts shall be of the same number, and shall have the same boundaries as districts established for justice court judges pursuant to Section 9-11-2, Mississippi Code of 1972. The number of constables for each county shall be the same as the number of justice court judges.

SECTION 4. Section 25-3-36, Mississippi Code of 1972, is amended as follows:

25-3-36. (1) From and after October 1, 2000, every justice court judge shall receive as full compensation for his or her services and in lieu of any and all other fees, costs or compensation heretofore authorized for such justice court judge, an annual salary based upon the population of his or her county according to the 2000 federal decennial census; however, no justice court judge shall be paid less than that amount which would have been paid to such judges prior to the promulgation of the 2000 federal decennial census. The amount of which salary shall be determined as follows:

(a) In counties with a population of more than one hundred fifty thousand (150,000), a salary of Sixty Thousand Dollars ($60,000.00).

(b) In counties with a population of more than thirty-five thousand (35,000) but not more than one hundred fifty thousand (150,000), a salary of Fifty-five Thousand Dollars ($55,000.00).

(c) In counties with a population of more than twenty-four thousand five hundred (24,500) but not more than thirty-five thousand (35,000), a salary of Twenty-eight Thousand Five Hundred Ten Dollars ($28,510.00).

(d) In counties with a population of more than twenty-one thousand (21,000) but not more than twenty-four thousand five hundred (24,500), a salary of Twenty-five Thousand Three Hundred Forty Dollars ($25,340.00).

(e) In counties with a population of more than sixteen thousand five hundred (16,500) but not more than twenty-one thousand (21,000), a salary of Twenty-two Thousand One Hundred Eighty Dollars ($22,180.00).

(f) In counties with a population of more than twelve thousand (12,000) but not more than sixteen thousand five hundred (16,500), a salary of Nineteen Thousand Dollars ($19,000.00).

(g) In counties with a population of more than eight thousand (8,000) but not more than twelve thousand (12,000), a salary of Thirteen Thousand Eight Hundred Sixty Dollars ($13,860.00).

(h) In counties with a population of eight thousand (8,000) or less, a salary of Nine Thousand Nine Hundred Dollars ($9,900.00). In addition to the amounts hereinabove provided, the board of supervisors of any county having two (2) judicial districts and which has a population of more than fifteen thousand (15,000) but less than eighteen thousand (18,000) may also pay justice court judges an additional amount not to exceed the sum of Three Thousand Dollars ($3,000.00) per year if said justice court judges maintain regular office hours and are personally present in the office they maintain for at least thirty (30) hours per week.

(2) Notwithstanding the provisions of subsection (1) of this section, in the event that the number of justice court judges authorized pursuant to Section 9-11-2(1) is exceeded pursuant to the provisions of Section 9-11-2(4), the aggregate of the salaries paid to the justice court judges of such a county shall not exceed the amount sufficient to pay the number of justice court judges authorized pursuant to Section 9-11-2(1) and such amount shall be equally divided among those justice court judges continuing to hold office under the provisions of Section 9-11-2(4).

(3) 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, Mississippi Code of 1972.

(4) The salaries 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.

(5) Provided, that the salary of any justice court judge shall not be reduced during his term of office as a result of a population change following a federal decennial census.

(6) 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 5. The Attorney General of the State of Mississippi is 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 6. This act shall take effect and be in force from and after January 1, 2000, if it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.