1997 Regular Session
By: Representative Weathersby
House Bill 1004
AN ACT TO AMEND SECTION 21-23-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON WHO IS A JUSTICE COURT JUDGE OR IS A FORMER JUSTICE COURT JUDGE IS QUALIFIED TO SERVE AS A MUNICIPAL COURT JUDGE; TO PROVIDE THAT A MUNICIPAL COURT JUDGE MUST COMPLY WITH THE SAME JUDICIAL COLLEGE REQUIREMENTS AS A JUSTICE COURT JUDGE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 21-23-3, Mississippi Code of 1972, is amended as follows:
21-23-3. In all municipalities having a population of ten thousand (10,000) or more, according to the latest available federal census, there shall be a municipal judge and a prosecuting attorney, both of whom shall be appointed by the governing authorities of the municipality at the time provided for the appointment of other officers. Such municipal judge shall be a qualified elector of the county in which the municipality is located and shall be an attorney at law. Such municipal judge and prosecuting attorney shall receive a salary, to be paid by the municipality, and to be fixed by the governing authorities of the municipality. A person who is a justice court judge or who is a former justice court judge is qualified to serve as a municipal court judge. Any justice court judge or former justice court judge who is appointed to serve as a municipal court judge under the provisions of this section must comply with the judicial college requirements provided in Section 9-11-3.
In any proceeding in which a conflict of interest arises for the prosecuting attorney, or any other reason dictates that he recuse himself, the mayor of the municipality may appoint a special prosecuting attorney for that particular proceeding. Such special prosecuting attorney shall be compensated for his services in the same manner and amount as allowed under Section 21-23-7 for appointed counsel for indigent persons.
Provided, however, the governing authorities of any municipality having a population in excess of ten thousand (10,000) persons according to the latest available federal census and situated in a county having an area in excess of nine hundred thirty-five (935) square miles and having a county court may, in their discretion, follow the provisions as set out in Section 21-23-5 for municipalities having a population of less than ten thousand (10,000).
Provided further, the governing authorities of any municipality having a population in excess of one hundred thousand (100,000) according to the latest federal decennial census may, in their discretion, provide for the appointment of not more than three (3) municipal judges for said municipality, each of whom shall receive the same compensation and exercise the same authority and prerogatives of their office, regardless of the presence or absence of the other municipal judges.
SECTION 2. This act shall take effect and be in force from and after July 1, 1997.