MISSISSIPPI LEGISLATURE

1997 Regular Session

To: County Affairs

By: Senator(s) Rayborn, Lee, Rayborn, Lee

AN ACT TO AMEND SECTION 9-11-27, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT JUSTICE COURT JUDGES RATHER THAN THE BOARDS OF SUPERVISORS WILL APPOINT THE JUSTICE COURT CLERKS AND OTHER EMPLOYEES OF THE JUSTICE COURT SYSTEM; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 9-11-27, Mississippi Code of 1972, is amended as follows:

9-11-27. The board of supervisors of each county shall, at its own expense, appoint one (1) person to serve as clerk of the justice court system of the county, and may appoint such other employees for the justice court of the county as it deems necessary, including a person or persons to serve as deputy clerk or deputy clerks. The board of supervisors of each county with two (2) judicial districts may, at its own expense, appoint two (2) persons to serve as clerks of the justice court system of the county, one (1) for each judicial district, and may appoint such other employees for the justice court system of the county as it deems necessary including persons to serve as deputy clerks. The clerk and deputy clerks shall be empowered to file and record actions and pleadings, to receive and receipt for monies, to acknowledge affidavits, to issue warrants in criminal cases upon direction by a justice court judge in the county, to approve the sufficiency of bonds in civil and criminal cases, to certify and issue copies of all records, documents and pleadings filed in the justice court and to issue all process necessary for the operation of the justice court. The clerk or deputy clerks may refuse to accept a personal check in payment of any fine or cost or to satisfy any other payment required to be made to the justice court. All orders from the justice court judge to the clerk of the justice court shall be written. All cases, civil and criminal, shall be assigned by the clerk to the justice court judges of the county in the manner provided in Section 11-9-105 and Section 99-33-2.

9-11-27. A majority of the justice court judges of each county shall, at the expense of the county, appoint one (1) person to serve as clerk of the justice court system of the county, and may appoint such other employees for the justice court of the county as they deem necessary, including a person or persons to serve as deputy clerk or deputy clerks. A majority of the justice court judges of each county with two (2) judicial districts may, at the expense of the county, appoint two (2) persons to serve as clerks of the justice court system of the county, one (1) for each judicial district, and may appoint such other employees for the justice court system of the county as they deem necessary, including persons to serve as deputy clerks. In any county having an even number of justice court judges, the justice with the most seniority shall cast two (2) votes in cases of a tie vote. The clerk and deputy clerks shall be empowered to file and record actions and pleadings, to receive and receipt for monies, to acknowledge affidavits, to issue warrants in criminal cases upon direction by a justice court judge in the county, to approve the sufficiency of bonds in civil and criminal cases, to certify and issue copies of all records, documents and pleadings filed in the justice court and to issue all process necessary for the operation of the justice court. The clerk or deputy clerks may refuse to accept a personal check in payment of any fine or cost or to satisfy any other payment required to be made to the justice court. All orders from the justice court judge to the clerk of the justice court shall be written. All cases, civil and criminal, shall be assigned by the clerk to the justice court judges of the county in the manner provided in Section 11-9-105 and Section 99-33-2.

SECTION 2. This act shall take effect and be in force from and after its passage.