MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary B; Fees and Salaries of Public Officers

By: Representatives Holland, Howell, Ross

House Bill 933

AN ACT TO AMEND SECTION 25-3-36, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARDS OF SUPERVISORS OF CERTAIN COUNTIES TO PAY THE JUSTICE COURT JUDGES AN ANNUAL SUPPLEMENT, TO CLARIFY THAT THE SALARY INCREASES AUTHORIZED BY THE LEGISLATURE IN 1993 ARE FULLY APPLICABLE TO CERTAIN JUSTICE COURT JUDGES; TO AUTHORIZE JUSTICE COURT JUDGES TO SERVE AS MUNICIPAL JUDGES AND TO REVISE THE COMPENSATION FOR JUSTICE COURT JUDGES ACCORDING TO COUNTY POPULATION; TO BRING FORWARD SECTION 9-11-2, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE NUMBER OF JUSTICE COURT JUDGES IN EACH COUNTY ACCORDING TO POPULATION; 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) From and after January 1, 1997, 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 * * * authorized for such justice court judge, an annual salary based upon the population of his or her county according to the 1990 federal decennial census. * * * To be eligible for the salary prescribed in this section, each justice court judge in any county having a population of fifty thousand (50,000) or more shall hold regular terms of court as required under Section 9-11-15 and shall conduct regular court or office hours in the courtroom or space provided by the county board of supervisors on a full-time basis. The amount of the salary shall be determined as follows:

(a) In counties with a population of fifty thousand (50,000) or more, * * * a salary in an amount equal to sixty-five percent (65%) of the annual salary of a full-time district attorney, as established in Section 25-3-32. The justice court judges in these counties shall be considered full-time judges.

(b) In counties with a population of less * * * than fifty thousand (50,000) but * * * twenty thousand (20,000) or more, a salary in an amount equal to fifty percent (50%) of the annual salary of a full-time district attorney, as established in Section 25-3-32. The justice court judges in these counties shall be considered part-time judges.

(c) In counties with a population of less than twenty thousand (20,000), a salary in an amount equal to thirty percent (30%) of the annual salary of a full-time district attorney, as established in Section 25-3-32. The justice court judges in these counties shall be considered part-time judges.

 * * *

(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 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.

(4)  * * * The salary of a justice court judge shall not be reduced during his term of office as a result of a population change following a federal decennial census.

(5) 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.

(6) Nothing in this section shall be construed to prohibit a justice court judge from serving as a municipal court judge during his term of office as a justice court judge.

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

9-11-2. (1) From and after January 1, 1984, 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 seventy thousand (70,000), there shall be three (3) justice court judges.

(c) In counties with a population, according to the latest federal decennial census, of seventy thousand (70,000) and less than one hundred fifty thousand (150,000), there shall be four (4) justice court judges.

(d) In counties with a population, according to the latest federal decennial census, of one hundred fifty thousand (150,000) and more, there shall be five (5) 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 five (5) justice court judges in any one (1) county from and after January 1, 1984, 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 3. 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 4. 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.