MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Fees and Salaries of Public Officers; County Affairs

By: Representative Compretta

AN ACT TO AMEND SECTION 25-3-36, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARDS OF SUPERVISORS OF CERTAIN COUNTIES TO ANNUALLY PAY THE JUSTICE COURT JUDGES IN THOSE COUNTIES AN ADDITIONAL AMOUNT NOT EXCEEDING $2,500.00; 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 October 1, 1993, 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 1990 federal decennial census; however, no justice court judge shall be paid less than that amount which would have been paid to such judges before the promulgation of the 1990 federal decennial census. The amount of the salary shall be determined as follows:

(a) In counties with a population of more than two hundred thousand (200,000), a salary of Forty Thousand Two Hundred Sixty Dollars ($40,260.00).

(b) In counties with a population of more than one hundred and fifty thousand (150,000) but not more than two hundred thousand (200,000), a salary of Thirty-six Thousand Nine Hundred Sixty Dollars ($36,960.00).

(c) In counties with a population of more than seventy-five thousand (75,000) but not more than one hundred fifty thousand (150,000), a salary of Thirty-three Thousand Six Hundred Sixty Dollars ($33,660.00).

(d) In counties with a population of more than forty-nine thousand (49,000) but not more than seventy-five thousand (75,000), a salary of Twenty-nine Thousand Forty Dollars ($29,040.00).

(e) In counties with a population of more than thirty-four thousand (34,000) but not more than forty-nine thousand (49,000), a salary of Twenty-five Thousand Eighty Dollars ($25,080.00).

(f) In counties with a population of more than twenty-four thousand five hundred (24,500) but not more than thirty-four thousand (34,000), a salary of Twenty-three Thousand Seven Hundred Sixty Dollars ($23,760.00).

(g) 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-one Thousand One Hundred Twenty Dollars ($21,120.00).

(h) 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 Eighteen Thousand Four Hundred Eighty Dollars ($18,480.00).

(i) 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 Fifteen Thousand Eight Hundred Forty Dollars ($15,840.00).

(j) In counties with a population of more than eight thousand (8,000) but not more than twelve thousand (12,000), a salary of Eleven Thousand Five Hundred Fifty Dollars ($11,550.00).

(k) In counties with a population of eight thousand (8,000) or less, a salary of Eight Thousand Two Hundred Fifty Dollars ($8,250.00).

In addition to the amounts * * * provided in this subsection, the board of supervisors of any county having two (2) judicial districts * * * which has a population of more than fifteen thousand (15,000) but less than eighteen thousand (18,000) and of any county bordering on the Gulf of Mexico and the State of Louisiana which is traversed by Interstate Highway 10 may * * * pay each justice court judge an additional amount not to exceed the sum of Two Thousand Five Hundred Dollars ($2,500.00) per year if the justice court judge maintains regular office hours and is personally present in the office he maintains 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.

(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) * * * 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 2. The Attorney General of the State of Mississippi is hereby 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 3. 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.