MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Juvenile Justice; Appropriations

By: Representative Warren

House Bill 920

AN ACT TO AMEND SECTIONS 9-5-3, 9-5-7, 9-5-9, 9-5-13, 9-5-15, 9-5-19, 9-5-22, 9-5-25, 9-5-29, 9-5-33, 9-5-36, 9-5-38, 9-5-40, 9-5-41, 9-5-45, 9-5-47, 9-5-50, 9-5-51, 9-5-54, 9-5-55 AND 9-5-58, MISSISSIPPI CODE OF 1972, TO PROVIDE AN ADDITIONAL CHANCELLOR FOR EACH CHANCERY COURT DISTRICT WHO SHALL BE DESIGNATED YOUTH COURT CHANCELLOR WHOSE PRIMARY RESPONSIBILITY SHALL BE THE CONDUCT OF YOUTH COURT PROCEEDINGS; TO AMEND SECTION 9-9-11, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPENSATION OF COUNTY JUDGES; TO CREATE A NEW SECTION TO BE CODIFIED AS SECTION 9-9-12, MISSISSIPPI CODE OF 1972, TO PROVIDE AN OFFICE ALLOWANCE FOR COUNTY COURT JUDGES; TO AMEND SECTION 9-9-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT COUNTY COURTS SHALL ASSIST DESIGNATED YOUTH COURT CHANCELLORS IN YOUTH COURT MATTERS; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 9-5-3, Mississippi Code of 1972, is amended as follows:

9-5-3. (1) The state shall be divided into an appropriate number of chancery court districts, severally numbered and comprised of the counties as set forth in the sections which follow. A court to be styled "The Chancery Court of the County of ____" shall be held in each county, and within each judicial district of a county having two (2) judicial districts, at least twice a year. From and after January 1, 1995, the dates upon which court shall be held in chancery court districts consisting of a single county shall be the same dates state agencies and political subdivisions are open for business excluding legal holidays. The dates upon which terms shall commence and the number of days for which terms shall continue in chancery court districts consisting of more than one (1) county shall be set by order of the chancellor in accordance with the provisions of subsection (2) of this section. A matter in court may extend past such terms if the interest of justice so requires.

(2) An order establishing the commencement and continuation of terms of court for each of the counties within a chancery court district consisting of more than one (1) county shall be entered annually and not later than October 1 of the year immediately preceding the calendar year for which such terms of court are to become effective. Notice of the dates upon which the terms of court shall commence and the number of days for which such terms shall continue in each of the counties within a chancery court district shall be posted in the office of the chancery clerk of each county within the district and mailed to the office of the Secretary of State for publication and distribution to all members of the Mississippi Bar. In the event that an order is not timely entered as herein provided, the terms of court for each of the counties within any such chancery court district shall remain unchanged for the next calendar year.

(3) The number of chancellorships for each chancery court district shall be determined by the Legislature based upon the following criteria:

(a) The population of the district;

(b) The number of cases filed in the district;

(c) The case load of each chancellor in the district;

(d) The geographic area of the district;

(e) An analysis of the needs of the district by the court personnel of the district; and

(f) Any other appropriate criteria.

(4) The Judicial College of the University of Mississippi Law Center and the Administrative Office of Courts shall determine the appropriate:

(a) Specific data to be collected as a basis for applying the above criteria;

(b) Method of collecting and maintaining the specified data; and

(c) Method of assimilating the specified data.

(5) In a district having more than one (1) office of chancellor, there shall be no distinction whatsoever in the powers, duties and emoluments of those offices except that the chancellor who has been for the longest time continuously a chancellor of that court or, should no chancellor have served longer in office than the others, the chancellor who has been for the longest time a member of the Mississippi Bar, shall be the senior chancellor. The senior chancellor shall have the right to assign causes and dockets and to set terms in districts consisting of more than one (1) county.

(6) After the additional chancellors provided under House Bill No. , 1998 Regular Session, are elected at the judicial election in 1998, the senior chancellor of each chancery court district shall, by order duly entered at large on the minutes of the chancery court, designate the additional chancellor as the chancellor who shall have primary responsibility for the conduct of the youth court proceedings in each of the counties of the district. The designated chancellor to conduct all youth court proceedings shall possess all the power and duties conferred by law upon all chancellors and shall perform such of those duties as may be assigned to him by the senior chancellor of the district, commensurate with the time available to the designated youth court chancellor after the performance of all youth court duties.

SECTION 2. Section 9-5-7, Mississippi Code of 1972, is amended as follows:

9-5-7. There shall be four (4) chancellors for the First Chancery Court District.

SECTION 3. Section 9-5-9, Mississippi Code of 1972, is amended as follows:

9-5-9. (1) The Second Chancery Court District shall be comprised of the following counties:

(a) Jasper County;

(b) Newton County; and

(c) Scott County.

(2) There shall be two (2) chancellors for the Second Chancery Court District.

SECTION 4. Section 9-5-13, Mississippi Code of 1972, is amended as follows:

9-5-13. (1) There shall be four (4) chancellors for the Third Chancery Court District.

(2) The chancellor of Subdistrict 3-1 shall be elected from DeSoto County. The two (2) chancellors of Subdistrict 3-2 shall be elected from Grenada County, Montgomery County, Panola County, Tate County and Yalobusha County.

(3) The chancellor added pursuant to House Bill No. , 1998 Regular Session, shall be elected from the entire district.

SECTION 5. Section 9-5-15, Mississippi Code of 1972, is amended as follows:

9-5-15. (1) The Fourth Chancery Court District shall be comprised of the following counties:

(a) Amite County;

(b) Franklin County;

(c) Pike County; and

(d) Walthall County.

(2) There shall be two (2) chancellors for the Fourth Chancery Court District.

SECTION 6. Section 9-5-19, Mississippi Code of 1972, is amended as follows:

9-5-19. (1) There shall be five (5) chancellors for the Fifth Chancery Court District. One chancellor shall be elected from each subdistrict and the chancellor added pursuant to House Bill No. , 1998 Regular Session, shall be elected from the entire district.

(2) While there shall be no limitation whatsoever upon the powers and duties of the said chancellors other than as cast upon them by the Constitution and laws of this state, the court in the First Judicial District of Hinds County, in the discretion of the senior chancellor, may be divided into five (5) divisions as a matter of convenience by the entry of an order upon the minutes of the court.

SECTION 7. Section 9-5-22, Mississippi Code of 1972, is amended as follows:

9-5-22. There shall be three (3) chancellors for the Sixth Chancery Court District.

SECTION 8. Section 9-5-25, Mississippi Code of 1972, is amended as follows:

9-5-25. There shall be three (3) chancellors for the Seventh Chancery Court District. One (1) chancellor shall be elected from each subdistrict and the chancellor added pursuant to House Bill No. , 1998 Regular Session, shall be elected from the entire district.

SECTION 9. Section 9-5-29, Mississippi Code of 1972, is amended as follows:

9-5-29. (1) There shall be five (5) chancellors for the Eighth Chancery Court District.

(2) For purposes of appointment and election, the five (5) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two," "Place Three," * * * "Place Four" and "Place Five."

(3) While there shall be no limitation whatsoever upon the powers and duties of said chancellors other than as cast upon them by the Constitution and laws of this state, the court in the Eighth Chancery Court District, in the discretion of the senior chancellor, may be divided into five (5) divisions as a matter of convenience by the entry of an order upon the minutes of the court.

SECTION 10. Section 9-5-33, Mississippi Code of 1972, is amended as follows:

9-5-33. There shall be four (4) chancellors for the Ninth Chancery Court District. One (1) chancellor shall be elected from each subdistrict and the chancellor added pursuant to House Bill No. , 1998 Regular Session, shall be elected from the entire district.

SECTION 11. Section 9-5-36, Mississippi Code of 1972, is amended as follows:

9-5-36. (1) There shall be four (4) chancellors for the Tenth Chancery Court District.

(2) For purposes of appointment and election, the four (4) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two," * * * "Place Three" and Place Four," respectively. The chancellor to fill Place One shall be a resident of Forrest, Lamar, Marion, Pearl River or Perry County. The chancellor to fill Place Two shall be a resident of Lamar, Marion, Pearl River or Perry County. The chancellor to fill Place Three shall be a resident of Forrest County. The chancellor to fill Place Four may reside in any county in the district. Election of the four (4) offices of chancellor shall be by election to be held in every county within the Tenth Chancery Court District of Mississippi.

SECTION 12. Section 9-5-38, Mississippi Code of 1972, is amended as follows:

9-5-38. There shall be three (3) chancellors for the Eleventh Chancery Court District. One (1) chancellor shall be elected from each subdistrict and the chancellor added pursuant to House Bill No. , 1998 Regular Session, shall be elected from the entire district.

SECTION 13. Section 9-5-40, Mississippi Code of 1972, is amended as follows:

9-5-40. There shall be three (3) chancellors for the Twelfth Chancery Court District.

SECTION 14. Section 9-5-41, Mississippi Code of 1972, is amended as follows:

9-5-41. (1) The Thirteenth Chancery Court District shall be comprised of the following counties:

(a) Covington County;

(b) Jefferson Davis County;

(c) Lawrence County;

(d) Simpson County; and

(e) Smith County.

(2) Three shall be two (2) chancellors for the Thirteenth Chancery Court District.

SECTION 15. Section 9-5-45, Mississippi Code of 1972, is amended as follows:

9-5-45. There shall be four (4) chancellors for the Fourteenth Chancery Court District. One (1) chancellor shall be elected from each subdistrict and the chancellor added pursuant to House Bill No. , 1998 Regular Session, shall be elected from the entire district.

SECTION 16. Section 9-5-47, Mississippi Code of 1972, is amended as follows:

9-5-47. (1) The Fifteenth Chancery Court District shall be comprised of the following counties:

(a) Copiah County; and

(b) Lincoln County.

(2) There shall be two (2) chancellors for the Fifteenth Chancery Court District.

SECTION 17. Section 9-5-50, Mississippi Code of 1972, is amended as follows:

9-5-50. (1) There shall be four (4) chancellors for the Sixteenth Chancery Court District.

(2) For the purposes of appointment and election, the three (3) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two," * * * "Place Three" and "Place Four."

SECTION 18. Section 9-5-51, Mississippi Code of 1972, is amended as follows:

9-5-51. (1) The Seventeenth Chancery Court District shall be comprised of the following counties:

(a) Adams County;

(b) Claiborne County;

(c) Jefferson County; and

(d) Wilkinson County.

(2) The Seventeenth Chancery Court District shall be divided into two (2) subdistricts as follows:

(a) Subdistrict 17-1 shall consist of Claiborne County, Jefferson County, and the following precincts in Adams County: Maryland Heights, Palestine, Northside School, Thompson, Pine Ridge, Airport, Anchorage and Washington Precincts.

(b) Subdistrict 17-2 shall consist of Wilkinson County and the following precincts in Adams County: Courthouse, By-Pass Fire Station, Cloverdale, Bellemont, Carpenter No. 1, Duncan Park, Beau Pre, Kingston, Concord, Liberty Park, Morgantown and Oakland Precincts.

(3) There shall be three (3) chancellors for the Seventeenth Chancery Court District. One (1) chancellor shall be elected from each subdistrict and the chancellor added pursuant to House Bill No. , 1998 Regular Session, shall be elected from the entire district.

SECTION 19. Section 9-5-54, Mississippi Code of 1972, is amended as follows:

9-5-54. There shall be three (3) chancellors for the Eighteenth Chancery Court District.

SECTION 20. Section 9-5-55, Mississippi Code of 1972, is amended as follows:

9-5-55. (1) The Nineteenth Chancery Court District shall be comprised of the following counties:

(a) Jones County; and

(b) Wayne County.

(2) There shall be two (2) chancellors for the Nineteenth Chancery Court District.

SECTION 21. Section 9-5-58, Mississippi Code of 1972, is amended as follows:

9-5-58. There shall be three (3) chancellors for the Twentieth Chancery Court District. For purposes of appointment and election the three (3) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," * * * "Place Two" and Place Three."

SECTION 22. Section 9-9-11, Mississippi Code of 1972, is amended as follows:

9-9-11. (1) Except as otherwise provided in subsections (2) and (3), the county court judge shall receive an annual salary payable monthly out of the county treasury in an amount equal to the salary which is now or shall hereafter be provided for circuit and chancery judges of this state * * *. Provided further, that the office of county court judge * * * shall be a full-time position, and the holder thereof shall not otherwise engage in the practice of law.

(2) In the event of the establishment of a county court by agreement between two (2) or more counties as provided in Section 9-9-3, the county judge of the court so established shall be paid a salary as provided in subsection (1) of this section.

 * * *

(3) The salary of a sheriff shall not be reduced during his term of office as a result of a population decrease based upon the 1990 federal decennial census.

 * * *

SECTION 23. The following shall be codified as Section 9-9-12, Mississippi Code of 1972:

9-9-12. (1) Each county court judge shall receive an office operating allowance for the expenses of operating the office of such judge, including retaining a law clerk, legal research, stenographic help, stationery, stamps, furniture, office equipment, telephone, office rent and other items and expenditures necessary and incident to maintaining the office of judge. Such allowance shall be paid only to the extent of actual expenses incurred by any such judge as itemized and certified by such judge to the Supreme Court and then in an amount of not more than Four Thousand Dollars ($4,000.00) per annum; however, such judge may expend sums in excess thereof from the compensation otherwise provided for his office. No part of this expense or allowance shall be used to pay an official court reporter for services rendered to said court.

(2) In addition to the amounts provided for in subsection (1), there is hereby created a separate office allowance fund for the purpose of providing support staff to judges. This fund shall be managed by the Administrative Office of Courts.

(3) Each judge who desires to employ support staff after July 1, 1998, shall make application to the Administrative Office of Courts by submitting to the Administrative Office of Courts a proposed personnel plan setting forth what support staff is deemed necessary.  In the process of the preparation of the plan, the judges, at their request, may receive advice, suggestions, recommendations and other assistance from the Administrative Office of Courts. The Administrative Office of Courts must approve the positions, job descriptions and salaries before the positions may be filled. The Administrative Office of Courts shall not approve any plan which does not first require the expenditure of the funds in the support staff fund for compensation of any of the support staff before expenditure is authorized of county funds for that purpose. Upon approval by the Administrative Office of Courts, the judge may appoint the employees to the position or positions, and each employee so appointed will work at the will and pleasure of the judge who appointed him but will be employees of the Administrative Office of Courts. Upon approval by the Administrative Office of Courts, the appointment of any support staff shall be evidenced by the entry of an order on the minutes of the court. 

(4) Support staff shall receive compensation pursuant to personnel policies established by the Administrative Office of Courts; however, from and after July 1, 1998, the Administrative Office of Courts shall allocate from the support staff fund an amount not to exceed Forty Thousand Dollars ($40,000.00) per fiscal year (July 1 through June 30) per judge for whom support staff is approved for the funding of support staff assigned to a judge. Any employment pursuant to this subsection shall be subject to the provisions of Section 25-1-53.

The Administrative Office of Courts may approve expenditure from the fund for additional equipment for support staff appointed pursuant to this section in any year in which the allocation per judge is sufficient to meet the equipment expense after provision for the compensation of the support staff.

(5) For the purposes of this section, the following terms shall have the meaning ascribed herein unless the context clearly requires otherwise:

(a) "Judge" means county court judges;

(b) "Support staff" means court administrators, law clerks, legal research assistants or secretaries, or any combination thereof, but shall not mean school attendance officers;

(c) "Compensation" means the gross salary plus all amounts paid for benefits or otherwise as a result of employment or as required by employment; provided, however, that only salary earned for services rendered shall be reported and credited for Public Employees' Retirement System purposes. Amounts paid for benefits or otherwise, including reimbursement for travel expenses, shall not be reported or credited for retirement purposes.

(6) Title to all tangible property, excepting stamps, stationery and minor expendable office supplies, procured with funds authorized by this section, shall be and forever remain in the State of Mississippi to be used by the circuit judge or chancellor during the term of his office and thereafter by his successors.

(7) The Supreme Court, through the Administrative Office of Courts, shall submit to the Department of Finance and Administration the itemized and certified expenses for office operating allowances that are directed to the court pursuant to this section.

(8) The Supreme Court, through the Administrative Office of Courts, shall have the power to adopt rules and regulations regarding the administration of the office operating allowance authorized pursuant to this section.

SECTION 24. Section 9-9-21, Mississippi Code of 1972, is amended as follows:

9-9-21. (1) The jurisdiction of the county court shall be as follows: It shall have jurisdiction concurrent with the justice court in all matters, civil and criminal of which the justice court has jurisdiction; and it shall have jurisdiction concurrent with the circuit and chancery courts in all matters of law and equity wherein the amount of value of the thing in controversy shall not exceed, exclusive of costs and interest, the sum of Fifty Thousand Dollars ($50,000.00), and the jurisdiction of the county court shall not be affected by any setoff, counterclaim or cross-bill in such actions where the amount sought to be recovered in such setoff, counterclaim or cross-bill exceeds Fifty Thousand Dollars ($50,000.00). Provided, however, the party filing such setoff, counterclaim or cross-bill which exceeds Fifty Thousand Dollars ($50,000.00) shall give notice to the opposite party or parties as provided in Section 13-3-83, and on motion of all parties filed within twenty (20) days after the filing of such setoff, counterclaim or cross-bill, the county court shall transfer the case to the circuit or chancery court wherein the county court is situated and which would otherwise have jurisdiction. It shall have exclusively the jurisdiction heretofore exercised by the justice court in the following matters and causes: namely, eminent domain, the partition of personal property, and actions of unlawful entry and detainer, provided that the actions of eminent domain and unlawful entry and detainer may be returnable and triable before the judge of said court in vacation.

(2) In the event of the establishment of a county court by an agreement between two (2) or more counties as provided in Section 9-9-3, it shall be lawful for such court sitting in one (1) county to act upon any and all matters of which it has jurisdiction as provided by law arising in the other county under the jurisdiction of said court.

(3) The county court shall assist the additional chancellors designated as youth court chancellor in handling the matters of the youth court in the county.

SECTION 25. The Attorney General of the State of Mississippi shall 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 26. 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.