MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary

By: Senator(s) Rayborn, Jackson

AN ACT TO AMEND SECTION 9-11-27, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR APPOINTMENT OF JUSTICE COURT CLERKS BY THE JUSTICE COURT JUDGES; TO PROVIDE FOR SETTING AND PAYMENT OF ANNUAL SALARY; 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. (1) The justice court judge or judges of each county shall * * * 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 deemed necessary, including a person or persons to serve as deputy clerk or deputy clerks. * * * In any county with two (2) judicial districts, * * * two (2) persons may be appointed to serve as clerks of the justice court system of the county, one (1) for each judicial district, as well as such other employees for the justice court system of the county as deemed 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.

(2) The appointment of the clerk or clerks as provided in subsection (1) of this section shall be accomplished by vote of a majority of the judges, and such clerk or clerks shall be appointed by vote of the judges and may be removed by a majority vote of the judges or chancellors. In case of a tie vote, the senior judge shall cast two (2) votes. Notice of the appointment shall be promptly delivered to the board of supervisors of the county.

(3) The annual salary of each clerk or other persons appointed pursuant to this section shall be set by vote of the judges and shall be submitted to the board of supervisors for payment as for other county employees.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.