MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary

By: Senator(s) Rayborn, Lee

AN ACT TO AMEND SECTION 9-11-29, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT DEPUTY CLERKS OF THE JUSTICE COURTS SHALL ATTEND COURSES OF EDUCATION AND TRAINING CONDUCTED BY THE MISSISSIPPI JUDICIAL COLLEGE; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 9-11-29, Mississippi Code of 1972, is amended as follows:

9-11-29. (1) Within ninety (90) days after appointment and annually thereafter at a time designated by the Administrative Director of Courts of the Administrative Office of Courts, every person appointed as a clerk or deputy clerk of the justice court under the provisions of * * * Section 9-11-27, shall file annually in the office of the circuit clerk a certificate of completion of a course of training and education conducted by the Mississippi Judicial College of the University of Mississippi Law Center.

(2) Every person appointed as clerk and deputy clerk of the justice court shall, before entering into the duties of the position, give bond, with sufficient surety, to be payable, conditioned and approved as provided by law and in the same manner as other county officers, in a penalty equal to Fifty Thousand Dollars ($50,000.00); and any party interested may proceed on such bond in a summary way, by motion in any court having jurisdiction of the same, against the principal and sureties, upon giving five (5) days' previous notice. The cost of such bond shall be paid by the county.

(3) Upon the failure of any person appointed as clerk or deputy clerk of the justice court to file the certificates of completion as provided in subsection (1) of this section, such person shall not be allowed to carry out any of the duties of the office of clerk of the justice court and shall not be entitled to compensation for the period of time during which such certificates remain unfiled.

SECTION 2. This act shall take effect and be in force from and after October 1, 1997.