MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Juvenile Justice; Judiciary

By: Senator(s) Smith

Senate Bill 2972

AN ACT TO AMEND SECTIONS 43-21-117 AND 25-31-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DISTRICT ATTORNEY SHALL SERVE AS THE YOUTH COURT PROSECUTOR IN CERTAIN COUNTIES; TO PROVIDE THAT LEGAL ASSISTANTS SHALL BE PROVIDED FOR PROSECUTING YOUTH COURT CASES; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 43-21-117, Mississippi Code of 1972, is amended as follows:

43-21-117. (1) The youth court prosecutor shall represent the petitioner in all proceedings in the youth court.

(2) Except as provided in subsection (4) of this section, the county prosecuting attorney shall serve as the youth court prosecutor; however, if funds are available pursuant to Section 43-21-123, the court may designate, as provided in subsection (3) of this section, a prosecutor or prosecutors in lieu of or in addition to the county prosecuting attorney. Where there is a municipal youth court division, the city prosecutor shall serve as youth court prosecutor except in those counties designated by subsection (4) of this section; provided that the district attorney may participate in transfer proceedings.

(3) Except as provided in subsection (4) of this section, the judge may designate as provided in Section 43-21-123 some suitable attorney or attorneys to serve as youth court prosecutor or prosecutors in lieu of or in conjunction with the youth court prosecutor provided in subsection (2) of this section. The designated youth court prosecutor or prosecutors shall be paid a fee or salary fixed on order of the judge as provided in Section 43-21-123 and shall be paid by the county out of any available funds budgeted for the youth court by the board of supervisors, unless the designated youth court prosecutor or prosecutors serves in a municipal youth court division, in which case he shall be paid a fee or salary fixed on order of the judge from the funds available to the municipality.

(4) The district attorney shall serve as the youth court prosecutor in three (3) districts designated as follows: the Second Circuit Court District, the Fifteenth Circuit Court District and the Seventeenth Circuit Court District. The district attorneys of the Second, Fifteenth and Seventeenth Circuit Court Districts shall each be authorized two (2) additional legal assistants by Section 2 of Senate Bill No. 2972, 1997 Regular Session. The additional legal assistants authorized by Section 2 of Senate Bill No. 2972, 1997 Regular Session, shall receive the same compensation and be paid from the same source as other full-time legal assistants. This subsection shall stand repealed from and after July 1, 2000.

SECTION 2. Section 25-31-5, Mississippi Code of 1972, is amended as follows:

25-31-5. (1) The following number of full-time legal assistants are authorized in the following circuit court districts:

(a) First Circuit Court

District seven (7) legal assistants.

(b) Second Circuit Court

District eight (8) legal assistants.

(c) Third Circuit Court

District four (4) legal assistants.

(d) Fourth Circuit Court

District five (5) legal assistants.

(e) Fifth Circuit Court

District four (4) legal assistants.

(f) Sixth Circuit Court

District two (2) legal assistants.

(g) Seventh Circuit Court

District nine (9) legal assistants.

(h) Eighth Circuit Court

District two (2) legal assistants.

(i) Ninth Circuit Court

District two (2) legal assistants.

(j) Tenth Circuit Court

District four (4) legal assistants.

(k) Eleventh Circuit

Court District five (5) legal assistants.

(l) Twelfth Circuit Court

District three (3) legal assistants.

(m) Thirteenth Circuit Court

District two (2) legal assistants.

(n) Fourteenth Circuit Court

District three (3) legal assistants.

(o) Fifteenth Circuit Court

District four (4) legal assistants.

(p) Sixteenth Circuit Court

District four (4) legal assistants.

(q) Seventeenth Circuit Court

District five (5) legal assistants.

(r) Eighteenth Circuit Court

District two (2) legal assistants.

(s) Nineteenth Circuit Court

District four (4) legal assistants.

(t) Twentieth Circuit Court

District four (4) legal assistants.

(u) Twenty-first Circuit Court

District two (2) legal assistants.

(v) Twenty-second Circuit Court

District two (2) legal assistants.

(2) The following number of full-time legal assistants are authorized in the following circuit court districts:

(a) Second Circuit Court

District two (2) legal assistants.

(b) Fifteenth Circuit Court

District two (2) legal assistants.

(c) Seventeenth Circuit Court

District two (2) legal assistants.

This subsection shall stand repealed from and after July 1, 2000.

(3) In addition to any legal assistants authorized pursuant to subsections (1) and (2) of this section, the following number of full-time legal assistants are authorized (i) in the following circuit court districts if funds are appropriated by the Legislature to adequately fund the salaries, expenses and fringe benefits of such legal assistants, or (ii) in any of the following circuit court districts in which the board of supervisors of one or more of the counties in a circuit court district adopts a resolution to pay all of the salaries, supplemental pay, expenses and fringe benefits of legal assistants authorized in such district pursuant to this subsection:

(a) First Circuit Court

District two (2) legal assistants.

(b) Second Circuit Court

District two (2) legal assistants.

(c) Third Circuit Court

District two (2) legal assistants.

(d) Fourth Circuit Court

District two (2) legal assistants.

(e) Fifth Circuit Court

District two (2) legal assistants.

(f) Sixth Circuit Court

District two (2) legal assistants.

(g) Seventh Circuit Court

District two (2) legal assistants.

(h) Eighth Circuit Court

District two (2) legal assistants.

(i) Ninth Circuit Court

District two (2) legal assistants.

(j) Tenth Circuit Court

District two (2) legal assistants.

(k) Eleventh Circuit Court

District two (2) legal assistants.

(l) Twelfth Circuit Court

District two (2) legal assistants.

(m) Thirteenth Circuit Court

District two (2) legal assistants.

(n) Fourteenth Circuit Court

District two (2) legal assistants.

(o) Fifteenth Circuit Court

District two (2) legal assistants.

(p) Sixteenth Circuit Court

District two (2) legal assistants.

(q) Seventeenth Circuit Court

District two (2) legal assistants.

(r) Eighteenth Circuit Court

District two (2) legal assistants.

(s) Nineteenth Circuit Court

District two (2) legal assistants.

(t) Twentieth Circuit Court

District two (2) legal assistants.

(u) Twenty-first Circuit Court

District two (2) legal assistants.

(v) Twenty-second Circuit Court

District two (2) legal assistants.

(4) The board of supervisors of any county is hereby authorized and empowered, in its discretion, to pay all or a part of the salary, supplemental pay, expenses and fringe benefits of any district attorney or legal assistant authorized in the circuit court district to which such county belongs pursuant to this section.

(5) The annual salary of full-time legal assistants shall be not less than Fifteen Thousand Dollars ($15,000.00) nor more than eighty-five percent (85%) of the salary of a district attorney; provided, that the district attorney shall establish such salaries and, subject to the maximum limitations set forth herein, may grant increases based upon years of continuous service in the office of the district attorney as follows: an annual increase may be granted by the district attorney of not more than the greater amount of fifteen percent (15%) of the previous year's salary or Two Thousand Two Hundred Fifty Dollars ($2,250.00) for each year that such legal assistant has served either as a part-time or a full-time legal assistant. Service prior to January 1, 1980, may be considered for purposes of this subsection provided that such service is continuous with service from and after January 1, 1980.

SECTION 3. This act shall take effect and be in force from and after July 1, 1997.