MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary A

By: Representative Perry

AN ACT TO CREATE THE MISSISSIPPI JUDICIAL COMPENSATION COMMISSION; TO PROVIDE FOR APPOINTMENT OF MEMBERS TO THE COMMISSION; TO PROVIDE FOR TERMS OF OFFICE; TO PROVIDE FOR FILLING VACANCIES; TO PROHIBIT MEMBERS OF THE COMMISSION FROM ENGAGING IN PUBLIC SERVICE; TO PROVIDE FOR THE DESIGNATION OF A CHAIRPERSON; TO PROVIDE FOR MEETINGS; TO PROVIDE THAT THE COMMISSION SHALL BE UNDER THE ADMINISTRATIVE OFFICE OF COURTS FOR ADMINISTRATIVE AND STAFFING PURPOSES; TO PROVIDE FOR REIMBURSEMENT OF EXPENSES; TO PROVIDE THAT MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION; TO REQUIRE REPORTS AND RECOMMENDATIONS; TO PRESCRIBE CRITERIA FOR RECOMMENDATIONS; TO PROVIDE FOR THE BINDING NATURE OF SUCH REPORTS; AND FOR RELATED PURPOSES. 

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

SECTION 1. The Mississippi Judicial Compensation Commission is hereby created that shall establish, subject to the veto power of the Legislature, the compensation (excluding benefits) to be paid from the State Treasury and other sources for all justices and judges of this state, including retired justices and judges sitting on assignment, but excluding county court judges, family court judges, and justice court judges.

SECTION 2. (1) The Mississippi Judicial Compensation Commission shall consist of nine (9) members selected from among the registered voters of this state as follows:

(a) The Governor shall appoint one (1) member, who shall not be an actively practicing lawyer in the State of Mississippi;

(b) The Lieutenant Governor shall appoint one (1) member, who shall not be an actively practicing lawyer in the State of Mississippi;

(c) The Speaker of the House of Representatives shall appoint one (1) member, who shall not be an actively practicing lawyer in the State of Mississippi;

(d) The Chief Justice of the Supreme Court of Mississippi shall appoint one (1) member, who shall not be an actively practicing lawyer in the State of Mississippi;

(e) The Attorney General of the State of Mississippi shall appoint one (1) member, who shall not be an actively practicing lawyer in the State of Mississippi;

(f) The Mississippi Bar shall appoint one (1) member;

(g) The Magnolia Bar Association shall appoint one (1) member;

(h) The Dean of the University of Mississippi School of Law or his designee shall be a member of the commission; and

(i) The Dean of the Mississippi College School of Law or his designee shall be a member of the commission.

(2) In the case of members appointed by the officials designated in (a), (b), (c), (d) and (e) above, the official with the power to appoint a member shall be the person in office on the day of commencement of the member's term.

(3) The Mississippi Bar shall appoint its member by such procedure as may to it appear appropriate.

(4) The Magnolia Bar Association shall appoint its members by such procedure as may to it appear appropriate.

(5) The Deans of the University of Mississippi School of Law and the Mississippi College School of Law shall be permanent members of the commission, provided, that each dean may designate a person to serve in this stead, subject to revocation of the will and pleasure of the dean.

SECTION 3. As soon as is reasonably practicable after the effective date of this act, the initial members of the commission shall be appointed. The initial members of the commission appointed by the Lieutenant Governor, the Speaker of the House, and the Mississippi Bar shall serve until December 31, 1998. The initial members of the commission appointed by the Chief Justice of the Supreme Court and by the Attorney General shall serve until December 31, 2000. The initial members of the commission appointed by the Governor and the Magnolia Bar Association shall serve until December 31, 2002. Thereafter, members of the Judicial Compensation Commission shall serve for terms of six (6) years, beginning January 1, 1999, for members appointed by the Lieutenant Governor, the Speaker of the House and the Mississippi Bar; beginning January 1, 2001, for members appointed by the Chief Justice of the Supreme Court and by the Attorney General; and beginning January 1, 2003, for members appointed by the Governor and by the Magnolia Bar Association. Members appointed as provided in subsection (1)(a), (b), (c), (d), (e), (f) and (g) of this section shall be limited to two (2) consecutive terms.

SECTION 4. Any vacancy on the Judicial Compensation Commission shall be filled promptly for the remainder of the term in the same manner in which such position was originally filled under Section 2 of this act. In the event that a vacancy remains unfilled for more than ninety (90) days, a temporary member of the Judicial Compensation Commission shall be appointed by a majority vote of the remaining commission members to serve with full powers of a commission member. Such a temporary member of the commission shall serve until such time as the vacancy is filled by the public official, bar association or dean with the power to appoint the member under Section 2 and this section of this act.

SECTION 5. No member of the Judicial Compensation Commission shall hold any other public office, nor shall any member be the employee or member of any state department agency, board, or commission during such member's tenure on the Judicial Compensation Commission. A violation of this section by any member of the commission shall result in immediate constructive resignation, and the resulting vacancy shall be filled according to Section 4 of this act. The position of dean and/or a member of the faculty of the University of Mississippi School of Law is not a public office.

SECTION 6. The members of the Judicial Compensation Commission shall, by majority vote, designate a chairperson from among their number who shall serve for two (2) years from the date of election or until his or her successor is designated by majority vote and assumes the responsibilities.

SECTION 7. The Judicial Compensation Commission shall meet, either in person or by teleconference, on the call of the chairperson or on the request of at least three (3) members. The presence of at least five (5) members shall be required to conduct a meeting. The concurrence of at least five (5) members shall be required for any formal action taken by the Judicial Compensation Commission.

SECTION 8. For administrative and staffing purposes only, the Judicial Compensation Commission shall be attached to the Administrative Office of the Courts. The Judicial Compensation Commission shall be entitled to request and receive and shall utilize such staff support, meeting facilities, temporary work facilities, including computer, telephone, reproduction, and facsimile equipment, available data, and other resources of the Administrative Office of the Courts as it reasonably deems necessary to carry out properly its powers and duties hereunder. No reasonable request for such staff support and resources, as provided in this section, shall be denied by the Administrative Director. The Administrative Office of the Courts shall take into account such staffing requirements, resource requirements, and reimbursement expenditures under Section 9 of this act when formulating its own budget requirements for the fiscal year.

SECTION 9. Members of the commission shall receive a per diem as provided in Section 25-3-69 for actual attendance upon meetings of the commission, together with reimbursement for traveling and subsistence expenses incurred as provided in Section 25-3-41, except no member of the commission whose regular compensation is payable by the state or any political subdivision of the state shall receive per diem for attendance upon meetings of the commission.

SECTION 10. Except as provided in Section 9 of this act, the members of the Judicial Compensation Commission shall receive no compensation for their services.

SECTION 11. Because the Judicial Compensation Commission shall use the resources of the Administrative Office of the Courts, it shall not be necessary for the legislature separately to appropriate any funds for the establishment of and expenses of the Judicial Compensation Commission.

SECTION 12. Not later than November 1 of each even-numbered year, beginning with the year 1998, the Judicial Compensation Commission shall make its biannual report to the Legislature. The biannual report shall include findings, conclusions, and recommendations as to the proper compensation (excluding benefits) to be paid from the State Treasury, and other sources, for all justices and judges of this state, including retired justices and judges sitting on assignment, but excluding county court judges and justice court judges. The biannual report shall also include such legislative proposals as the Judicial Compensation Commission deems necessary to implement these recommendations.

SECTION 13. The Judicial Compensation Commission shall conduct its study and make its recommendations with respect to judicial compensation in this state to the end that the judicial compensation structure shall be adequate to assure that the most highly qualified individuals in this state, selected from a diversity of life and professional experiences, will be attracted to the state judiciary and will be able to serve and to continue to serve without unreasonable economic hardship and with a level of judicial independence unaffected by financial concerns, all to the end that the judiciary in this state shall enjoy the highest level of public confidence.

SECTION 14. In order to carry out its responsibilities under Section 12 of this act to make findings, conclusions, and recommendations as to the proper compensation for all justices and judges of this state, and in order to fulfill the directive of the Judicial Compensation Commission as set out in Section 13 of this act, the Judicial Compensation Commission may consider the following factors:

(a) The responsibility and skill and experience required of the particular judgeship at issue;

(b) The time required of the particular judgeship at issue;

(c) The value of compensable service performed by justices and judges, as determined by references to judicial compensation in other states and the federal government;

(d) The value of comparable service performed in the private sector, including private judging, arbitration, and mediation, based on the responsibility and discretion required in the particular judgeship at issue and the demand for such services in the private sector;

(e) The compensation of attorneys in the private sector;

(f) The average consumer prices commonly known as the cost of living, as well as the changes in such measure;

(g) The overall compensation presently received by other public officials in this state, including state constitutional officeholders and deans, presidents, and chancellors of the public university systems, and also including district attorneys, chiefs of police, county attorneys, and city attorneys in major metropolitan areas for which such information is readily available;

(h) Such other factors, not confined to the foregoing, that are normally or traditionally taken into consideration in the determination of such compensation; and

(i) Most importantly, that level of overall compensation adequate to ensure that the most highly qualified individuals in this state, selected form a diversity of life and professional experiences, will be attracted to the judiciary and will be able to serve there and to continue to serve there without unreasonable economic hardship and with a level of judicial independence unaffected by financial concerns, all to the end that the judiciary in this state shall enjoy the highest level of public confidence.

SECTION 15. The recommendations made by the Judicial Compensation Commission in its biannual report, to the Legislature shall be binding and have the full force and effect of law upon the first day of July following the lodging of the biannual report with the clerk of each house of the Legislature; provided that, if a majority of the Senate and a majority of the House of Representatives votes to reject any or all of such recommendations prior to the effective date thereof, the recommendations rejected shall be of no force or effect. In the event that it votes to reject any or all of such recommendations, each house must issue to the Governor, the Chief Justice of the Supreme Court, and to the President of the Mississippi Bar, and the President of the Magnolia Bar, a report detailing the reasons for each such rejection of a recommendation made by the Judicial Compensation Commission in its biannual report.

SECTION 16. This act shall take effect and be in force from and after its passage.