MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Juvenile Justice; Appropriations

By: Representative Warren

AN ACT TO AMEND SECTIONS 43-21-117 AND 25-31-5, MISSISSIPPI CODE OF 1972, TO PROVIDE A PILOT PROJECT IN WHICH ASSISTANT DISTRICT ATTORNEYS PROSECUTE YOUTH COURT CASES IN THE SECOND, FIFTEENTH, SEVENTEENTH, EIGHTEENTH AND TWENTIETH CIRCUIT COURT DISTRICTS; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 43-21-117, Mississippi Code of 1972, is amended as follows:

43-21-117. (1) The youth court prosecutor shall represent the petitioner in all proceedings in the youth court.

(2) The county prosecuting attorney shall serve as the youth court prosecutor except in the circuit court districts enumerated in subsection (4). However, if funds are available pursuant to Section 43-21-123, the court may designate, as provided in subsection (3) of this section, a prosecutor or prosecutors in lieu of or in addition to the county prosecuting attorney. Where there is a municipal youth court division, the city prosecutor shall serve as youth court prosecutor; provided that the district attorney may participate in transfer proceedings.

(3) The judge may designate as provided in Section 43-21-123 some suitable attorney or attorneys to serve as youth court prosecutor or prosecutors in lieu of or in conjunction with the youth court prosecutor provided in subsection (2) of this section. The designated youth court prosecutor or prosecutors shall be paid a fee or salary 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, unless the designated youth court prosecutor or prosecutors serves in a municipal youth court division, in which case he shall be paid a fee or salary fixed on order of the judge from the funds available to the municipality.

(4) In the following five (5) circuit court districts, the district attorney shall serve as the youth court prosecutor: Second Circuit Court District; Fifteenth Circuit Court District; Seventeenth Circuit Court District; Eighteenth Circuit Court District; Twentieth Circuit Court District. In addition to other legal assistants authorized by Section 25-31-5, each district attorney in these designated districts shall be authorized one (1) full-time legal assistant. These additional legal assistants shall be assigned the duty of prosecuting in the youth courts of the district. These legal assistants shall receive the same compensation and shall be paid from the same source as the legal assistants authorized by Section 25-31-5. This subsection shall stand repealed on July 1, 2000.

SECTION 2. 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.............seven (7) legal assistants.

(b) Second Circuit Court

District.............eight (8) legal assistants.

(c) Third Circuit Court

District.............four (4) legal assistants.

(d) Fourth Circuit Court

District.............five (5) legal assistants.

(e) Fifth Circuit Court

District.............four (4) legal assistants.

(f) Sixth Circuit Court

District.............two (2) legal assistants.

(g) Seventh Circuit Court

District.............nine (9) 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.............four (4) legal assistants.

(k) Eleventh Circuit Court

District.............five (5) legal assistants.

(l) Twelfth Circuit Court

District.............three (3) legal assistants.

(m) Thirteenth Circuit Court

District.............two (2) legal assistants.

(n) Fourteenth Circuit Court

District.............three (3) legal assistants.

(o) Fifteenth Circuit Court

District.............four (4) legal assistants.

(p) Sixteenth Circuit Court

District.............four (4) legal assistants.

(q) Seventeenth Circuit Court

District.............five (5) 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.

(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.

(3) The board of supervisors of any county is hereby authorized and empowered, in its discretion, to 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 annual salary of full-time legal assistants shall be not less than Fifteen Thousand Dollars ($15,000.00) nor more than eighty-five percent (85%) of the salary of a district attorney; provided, that the district attorney shall establish such salaries and, subject to the maximum limitations set forth herein, may grant increases based upon years of continuous service in the office of the district attorney as follows: an annual increase may be granted by the district attorney of not more than the greater amount of fifteen percent (15%) of the previous year's salary or Two Thousand Two Hundred Fifty Dollars ($2,250.00) for each year that such legal assistant has served either as a part-time or a full-time legal assistant. Service prior to January 1, 1980, may be considered for purposes of this subsection provided that such service is continuous with service from and after January 1, 1980.

(5) Legal assistants shall be provided for the prosecution of youth court cases as provided in Section 43-21-117. This subsection shall stand repealed on July 1, 2000.

SECTION 3. This act shall take effect and be in force from and after July 1, 1997.