MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary; Appropriations

By: Senator(s) Turner

AN ACT TO CREATE A SPECIAL FUND TO BE KNOWN AS THE MISSISSIPPI CIVIL LEGAL ASSISTANCE FUND; TO DESIGNATE ORGANIZATIONS ELIGIBLE TO RECEIVE FUNDS THEREFROM; TO PROVIDE THAT FUNDS WILL BE USED TO PROMOTE INCREASED PARTICIPATION BY THE PRIVATE BAR IN THE DELIVERY OF LEGAL SERVICES TO THE INDIGENT; TO AMEND SECTIONS 25-7-9, 25-7-13 AND 25-7-25, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR ADDITIONAL FEES TO BE CHARGED BY THE CLERKS OF THE CHANCERY, CIRCUIT, COUNTY AND JUSTICE COURTS IN ORDER TO FUND THE MISSISSIPPI CIVIL LEGAL ASSISTANCE FUND; AND FOR RELATED PURPOSES. 

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

SECTION 1. (1) There is hereby created in the State Treasury a special fund designated as the Civil Legal Assistance Fund into which shall be deposited such money as may be appropriated by the Legislature. The fund shall be administered by the Supreme Court through the Administrative Office of Courts. The fund shall consist of monies made available therefor by the Legislature through appropriation or other means, and the Administrative Office of Courts may also accept monies from any public or private source for deposit into the fund. Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned from the investment of monies in the fund shall be deposited to the credit of the fund. Money in the fund shall be utilized by the Administrative Office of Courts to provide legal representation for poor persons in civil matters as determined by the Supreme Court.

(2) All monies shall be allocated only to those organizations providing free legal services to low income Mississippians, said organizations to include those eligible to receive funds from the Mississippi Bar Foundation or the federal Legal Services Corporation or both.

(3) At least twelve and one-half percent (12-1/2%) of any monies appropriated to the fund shall be used to promote increased participation by the private bar in the delivery of legal services to the indigent through the Mississippi Volunteer Lawyers Project and local private bar initiatives developed by the recipient organizations. This may include the operation of intake and referral systems; the provision of professional education regarding legal matters peculiar to the indigent; the provision of technical co-counseling assistance to private attorneys engaged in representing indigent clients in civil matters; and reimbursement of reasonable costs and expenses incurred by private attorneys in delivering pro bono legal assistance.

(4) No provision of this section shall be construed as limiting the maximum amount of funds that the governing body of directors of a local legal services organization may use for promotion of pro bono services where it is deemed that the most effective and efficient system of delivering legal assistance to the local indigent population would require a sum in excess of twelve and one-half percent (12-1/2%). The local organization's governing body shall review annually the provision of pro bono services in its service area and allocate funds appropriately.

(5) Recipients of funds shall have the following duties:

(a) To develop, operate and administer programs within their respective service areas that provide free legal services to indigent clients involved in civil matters;

(b) To report annually to the Supreme Court, through the Administrative Office of Courts, on its activities, including providing a copy of its annual audit that accounts for the use of the funds; and

(c) To refund annually all unused or uncommitted funds.

SECTION 2. Section 25-7-9, Mississippi Code of 1972, is amended as follows:

25-7-9. (1) The clerks of the chancery courts shall charge the following fees:

(a) For the act of certifying copies of

filed documents, for each complete document $ 1.00

(b) Recording deeds, wills, leases,

amendments, subordinations, liens, releases,

cancellations, orders, decrees, oaths, etc.,

including indexing 6.00

Sectional index entries per section

or subdivision 1.00

(c) Recording deeds of trust 10.00

Sectional index entries per section

or subdivision 1.00

(d)(i) Recording oil and gas leases, etc.,

including indexing in general indices 12.00

Sectional index entries per section

or subdivision 1.00

(ii) Recording oil and gas cancellations,

assignments, etc., including indexing in general

indices: First page 5.00

Each additional page 2.00

Abstracting each section or subdivision 1.00

Sectional index entries per section or

subdivision 6.00

(e) Furnishing copies of any papers of

record or on file and entering marginal notations

on documents of record:

If performed by the clerk or his employee,

per page .50

If performed by any other person, per page .25

(f) For each day's attendance on the board of

supervisors, for himself and one (1) deputy, each 20.00

(g) For other services as clerk of the board

of supervisors an allowance shall be made to him

(payable semiannually at the July and January

meetings) out of the county treasury, an annual

sum not exceeding 1,500.00

(h) For each day's attendance on the chancery

court, to be approved by the chancellor:

For the first chancellor sitting only,

clerk and two (2) deputies, each 30.00

For the second chancellor sitting,

clerk only 30.00

Provided that the fees herein prescribed shall

be the total remuneration for the clerk and his deputies

for attending chancery court.

(i) On order of the court, clerks and not more

than two (2) deputies may be allowed five (5) extra

days for each term of court for attendance upon the

court to get up records.

(j) For public service not otherwise

specifically provided for, the chancery court may

by order allow the clerk to be paid by the county

on the order of the board of supervisors, an annual

sum not exceeding 5,000.00

The chancery clerk shall itemize on the original document a detailed fee bill of all charges due or paid for filing, recording and abstracting same. No person shall be required to pay such fees until same have been so itemized, but said fees may be demanded before the document is recorded.

(2)(a) In accordance with Uniform Chancery Court Rule 9.01 as approved by Order of the Mississippi Supreme Court and except as provided in paragraph (b) of this subsection, the following fees shall be a total fee for all services performed by the clerk with respect to a complaint which shall be payable upon filing and shall accrue to the chancery clerk at the time of filing. The clerk or his successor in office shall perform all duties set forth without additional compensation or fee to wit:

(i) Divorce to be contested $ 75.00

(ii) Divorce uncontested 30.00

(iii) Alteration of birth or marriage

certificate 25.00

(iv) Removal of minority 25.00

(v) Guardianship or conservatorship 75.00

(vi) Estate of deceased, intestate 75.00

(vii) Estate of deceased, testate 75.00

(viii) Adoption 75.00

(ix) Land dispute 75.00

(x) Injunction 75.00

(xi) Settlement of small claim 30.00

(xii) Contempt in child support 75.00

(xiii) Partition suit 75.00

(xiv) Any cross-complaint 25.00

Cost of process shall be borne by the issuing party. Additionally, should the attorney or person filing the pleadings desire the clerk to pay the cost to the sheriff for serving process on one person or more, or to pay the cost of publication, the clerk shall demand the actual charges therefor, at the time of filing.

(b) The clerk shall collect on each filing fee mandated in paragraph (a) of this subsection an additional fee on behalf of the Mississippi Civil Legal Assistance Fund which the clerk shall remit to the Administrative Office of Courts monthly $ 10.00

SECTION 3. Section 25-7-13, Mississippi Code of 1972, is amended as follows:

25-7-13. (1) The clerks of the circuit court shall charge the following fees:

(a)(i) Docketing, filing, marking and registering each complaint, petition and indictment $75.00

Except as provided in item (ii) of this paragraph, the fee set forth in this paragraph shall be the total fee for all services performed by the clerk up to and including entry of judgment with respect to each complaint, petition or indictment, including all answers, claims, orders, continuances and other papers filed therein, issuing each writ, summons, subpoena or other such instruments, swearing witnesses, taking and recording bonds and pleas, and recording judgments, orders, fiats and certificates; the fee shall be payable upon filing and shall accrue to the clerk at the time of filing. The clerk or his successor in office shall perform all duties set forth above without additional compensation or fee.

(ii) The clerk shall collect on each filing fee mandated in this paragraph as regards a civil matter an additional fee on behalf of the Mississippi Civil Legal Assistance Fund which the clerk shall remit to the Administrative Office of Courts monthly $10.00

(b) Docketing and filing each suggestion for a writ of garnishment, suggestion for a writ of execution and judgment debtor actions and issuing all process, filing and recording orders or other papers and swearing witnesses 15.00

(2) Except as provided in subsection (1) of this section, the clerks of the circuit court shall charge the following fees:

(a) Filing and marking each order or other paper and recording and indexing same 2.00

(b) Issuing each writ, summons, subpoena, citation, capias, and other such instruments 1.00

(c) Administering an oath and taking bond 2.00

(d) For the act of certifying copies of filed documents, for each complete document 1.00

(e) Recording orders, fiats, licenses, certificates, oaths and bonds:

First page 2.00

Each additional page 1.00

(f) Furnishing copies of any papers of record or on file and entering marginal notations on documents of record:

If performed by the clerk or his employee,

per page .50

If performed by any other person,

per page .25

(g) Judgment roll entry 3.00

(h) Taxing cost and certificate 1.00

(i) For taking and recording application for marriage license, for filing and recording consent of parents when required by law, for filing and recording medical certificate, filing and recording proof of age, recording and issuing license, recording and filing returns 20.00

The clerk shall deposit Fourteen Dollars ($14.00) of each fee collected for a marriage license in the Victims of Domestic Violence Fund established in Section 93-21-117, on a monthly basis.

(j) For certified copy of marriage license and search of record, the same fee charged by the Bureau of Vital Statistics of the State Board of Health.

(k) For public service not particularly provided for, the circuit court may allow the clerk, per annum, to be paid by the county on presentation of the circuit court's order, the following amount 5,000.00

However, in the counties having two (2) judicial districts, such above allowance shall be made for each judicial district.

(l) For drawing jurors and issuing venire, to be paid by the county 5.00

(m) For each day's attendance upon the circuit court term, for himself and necessary deputies allowed by the court, each to be paid by the county 30.00

(n) Summons, each juror to be paid by the county upon the allowance of the court 1.00

(o) For issuing each grand jury subpoena, to be paid by the county on allowance by the court, not to exceed Twenty-five Dollars ($25.00) in any one (1) term of court 1.00

(3) On order of the court, clerks and deputies may be allowed five (5) extra days for attendance upon the court to get up records.

(4) The clerk's fees in state cases where the state fails in the prosecution, or in cases of felony where the defendant is convicted and the cost cannot be made out of his estate, in an amount not to exceed Four Hundred Dollars ($400.00) in one (1) year, shall be paid out of the county treasury on approval of the circuit court, and the allowance thereof by the board of supervisors of the county. In counties having two (2) judicial districts, such allowance shall be made in each judicial district; provided the maximum thereof shall not exceed Eight Hundred Dollars ($800.00). Clerks in the circuit court, in cases where appeals are taken in criminal cases and no appeal bond is filed, shall be allowed by the board of supervisors of the county after approval of their accounts by the circuit court, in addition to the above fees, for making such transcript the rate of Two Dollars ($2.00) per page.

(5) The clerk of the circuit court may retain as his commission on all money coming into his hands, by law or order of the court, a sum to be fixed by the court not exceeding one-half of one percent (1/2 of 1%) on all such sums.

(6) For making final records required by law, including, but not limited to, circuit and county court minutes, and furnishing transcripts of records, the circuit clerk shall charge Two Dollars ($2.00) per page. The same fees shall be allowed to all officers for making and certifying copies of records or papers which they are authorized to copy and certify.

(7) The circuit clerk shall prepare an itemized statement of fees for services performed, cost incurred, or for furnishing copies of any papers of record or on file, and shall submit the statement to the parties or, if represented, to their attorneys within sixty (60) days. A bill for same shall accompany the statement.

SECTION 4. Section 25-7-25, Mississippi Code of 1972, is amended as follows:

25-7-25. Costs and fees in the justice court shall be charged as follows and shall be paid in advance to the clerk of the justice court in accordance with the provisions of Section 9-11-10:

(a)(i) A uniform total fee in all civil cases, whether contested or uncontested, which shall include all services in connection therewith, including levy of execution, attachment and garnishment, except as hereinafter stated, each $20.00

(ii) Of each fee assessed under this paragraph on all civil cases, whether contested or uncontested, Five Dollars ($5.00) shall be paid by the clerk to the Administrative Office of Courts on behalf of the Mississippi Civil Legal Assistance Fund on a monthly basis.

(b) For more than one (1) defendant, for service of process on each defendant 3.00

(c) For all services in connection with the issuance of a peace bond 15.00

(d) For celebrating a marriage, and certificate thereof 10.00

(e) Commission to take depositions 5.00

(f) Appeal with proceedings and bond 5.00

(g) A clerk's fee to be collected in all criminal cases in which the defendant is convicted, as follows:

(i) For all violations in Title 63 other than driving under the influence of intoxicating liquor or reckless driving 5.00

(ii) All other criminal cases 10.00

(h) In addition to the salary provided for in subsection (1) of Section 25-3-36, each justice court judge may receive a fee of not more than Twenty-five Dollars ($25.00) for each marriage ceremony he performs in the courtroom or offices of the justice court at any time the courtroom or offices are open to the public. This fee shall be paid by the parties to the marriage. Each justice court judge may receive money or gratuities for marriage ceremonies performed outside of and away from the courtroom and the offices of the justice court that the parties to the marriage request to have performed at any time the courtroom or offices of the justice court are closed. These monies or gratuities, in an amount agreed upon by the parties to the marriage, are not considered fees for the justice court and are not subject to the requirements set forth in the provisions of Section 9-11-10.

SECTION 5. This act shall take effect and be in force from and after July 1, 1997.