MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary; Fees, Salaries and Administration

By: Senator(s) Hall (By Request)

AN ACT TO AMEND SECTIONS 9-1-36, 9-17-1 AND 9-17-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE APPOINTMENT OF CERTAIN COURT EMPLOYEES BY CIRCUIT, CHANCERY AND COUNTY COURT JUDGES SHALL BE SUBJECT TO THE APPROVAL OF THE BOARDS OF SUPERVISORS; TO AMEND SECTIONS 9-13-1, 9-13-15, 9-13-17, 9-13-19 AND 9-13-61, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE APPOINTMENT OF COURT REPORTERS BY CIRCUIT, CHANCERY, COUNTY AND FAMILY COURT JUDGES SHALL BE SUBJECT TO THE APPROVAL OF BOARDS OF SUPERVISORS; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 9-1-36, Mississippi Code of 1972, is amended as follows:

9-1-36. (1) Each circuit judge and chancellor 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 the 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, 1994, shall make application to the Administrative Office of Courts by submitting to the Administrative Office of Courts a proposed personnel plan, approved by the board of supervisors of the county if the court district is composed of a single county or by at least one-half (2) of the boards of supervisors if the court district is composed of more than one (1) county, which sets forth what support staff is deemed necessary. Such plan may be submitted by a single judge or by any combination of judges desiring to share support staff. 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 or judges may appoint the employees to the position or positions, and each employee so appointed will work at the will and pleasure of the judge or judges 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. When support staff is appointed jointly by two (2) or more judges, the order setting forth any appointment shall be entered on the minutes of each participating court.

(4) The Administrative Office of Courts shall develop and promulgate minimum qualifications for the certification of court administrators. Any court administrator appointed on or after October 1, 1996, shall be required to be certified by the Administrative Office of Courts.

(5) Support staff shall receive compensation pursuant to personnel policies established by the Administrative Office of Courts; however, from and after July 1, 1994, 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 or judges. 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.

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

(a) "Judges" means circuit judges and chancellors, or any combination thereof;

(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.

(7) 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.

(8) Any circuit judge or chancellor who did not have a primary office provided by the county on March 1, 1988, shall be allowed an additional Four Thousand Dollars ($4,000.00) per annum to defray the actual expenses incurred by such judge or chancellor in maintaining an office; however, any circuit judge or chancellor who had a primary office provided by the county on March 1, 1988, and who vacated the office space after such date for a legitimate reason, as determined by the Department of Finance and Administration, shall be allowed the additional office expense allowance provided under this subsection.

(9) 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.

(10) 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 2. Section 9-17-1, Mississippi Code of 1972, is amended as follows:

9-17-1. (1) The judges and chancellors of judicial districts, including chancery, circuit and county courts, * * * in their discretion, jointly or independently, may establish the office of court administrator in any county by an order entered on the minutes of each participating court in the county.

The establishment of the office of court administrator shall be subject to the approval of the board of supervisors if the court district is composed of a single county or the approval of at least one-half (2) of the boards of supervisors if the court district is composed of more than one (1) county and may be accomplished by vote of a majority of the participating judges and chancellors in the county. * * * Such court administrator shall be appointed by vote of a majority of the judges or chancellors and may be removed by a majority vote of the judges or chancellors. In case of a tie vote, the senior judge or senior chancellor shall cast two (2) votes.

(2) The court administrator shall be provided office space by the board of supervisors in the same manner as such is afforded the judges and chancellors.

(3) The annual salary of each court administrator appointed pursuant to this section shall be set by the board of supervisors of the county if the court district is composed of a single county or by vote of the boards of supervisors if the court district is composed of more than one (1) county upon the recommendation of the judges and chancellors of each participating county and shall be submitted to the Administrative Office of Courts * * *. The salary shall be paid in twelve (12) installments on the last working day of the month by the Administrative Office of Courts after it has been authorized by the participating counties and an order has been duly placed on the minutes of each participating board of supervisors.

Any county within a judicial district having a court administrator shall transfer to the Administrative Office of Courts one-twelfth (1/12) of its pro rata cost of the compensation  * * * for the court administrator by the twentieth day of each month for the compensation that is to be paid on the last day of that month. The board of supervisors may transfer the pro rata cost of the county from the funds of that county pursuant to Section 9-17-5(2)(b).

(4) For all travel required in the performance of official duties, the court administrator shall be paid mileage by the county in which the duties were performed at the same rate as provided for county employees in Section 25-3-41. The court administrator shall file a certificate of mileage expense incurred during that term with the board of supervisors of each participating county, and payment of such expense shall be paid proportionately out of the court administration fund established pursuant to Section 9-17-5.

SECTION 3. Section 9-17-5, Mississippi Code of 1972, is amended as follows:

9-17-5. (1) In each county where a court administrator has been appointed pursuant to this chapter, a special fund in the county treasury is hereby established to be known as the "court administration fund."

(2) (a) The judges and chancellors may apply their expense allowance in Section 9-1-36 to the court administration fund.

(b) The board of supervisors of any county within a judicial district having a court administrator is authorized to pay its pro rata cost of the salary and furnish an equipped office for the court administrator and his staff from county funds. The board of supervisors is further authorized to accept grants, gifts, donations or federal funds for the benefit of the office of the court administrator.

(c) The board of supervisors of any county within a judicial district having a court administrator is authorized, in its discretion, to charge, in addition to all other costs required by law, an amount not to exceed Two Dollars ($2.00) for each complaint filed in the chancery, circuit and county courts of such county. Any money collected pursuant to this subsection shall be paid into the court administrator fund.

(d) Money paid into the court administration fund under this chapter shall be applied to the office of the court administrator for the purpose of funding that office.

(3) All expenditures made from the court administration fund shall be upon written requisition of the court administrator approved by a judge or chancellor to the county or counties of the district designated by him, in proportion to the business of his office in the county, and subject to the approval of the board of supervisors if the court district is composed of a single county or the approval of at least one-half (2) of the boards of supervisors if the court district is composed of more than one (1) county.

SECTION 4. Section 9-13-1, Mississippi Code of 1972, is amended as follows:

9-13-1. Each circuit judge and chancellor shall appoint a competent person as shorthand reporter in his district, subject to the approval of the board of supervisors if the court district is composed of a single county or the approval of at least one-half (2) of the boards of supervisors if the court district is composed of more than one (1) county. The appointment of the shorthand reporter shall be made by an entry upon the minutes of the court of an order to that effect, dated and signed by the judge. The * * * shorthand reporter shall be known as the official court reporter of the court district.

SECTION 5. Section 9-13-15, Mississippi Code of 1972, is amended as follows:

9-13-15. If the court reporter is absent during the session of the court, the judge or chancellor may appoint, subject to the approval of the board of supervisors if the court district is composed of a single county or the approval of at least one-half (2) of the boards of supervisors if the court district is composed of more than one (1) county, by an order entered upon the minutes of the court, * * * a court reporter pro tempore, who shall be sworn to faithfully discharge his duties as such, and who shall perform all the duties and be liable to all the penalties and punishments described for or incident to the office of court reporter. The court reporter pro tempore shall be paid for his services by the Administrative Office of Courts, out of the salary of the regular court reporter and at the same rate as the regular court reporter for the time that the court reporter pro tempore shall act. The court which is being served by the court reporter pro tempore shall authorize his compensation by auditing and reporting the time served by the court reporter pro tempore to the Administrative Office of Courts. However, if the appointment of a court reporter pro tempore is made because of illness of the regular court reporter, the court may authorize compensation of the court reporter pro tempore from the Administrative Office of Courts, subject to the approval of the board of supervisors if the court district is composed of a single county or the approval of at least one-half (2) of the boards of supervisors if the court district is composed of more than one (1) county, without diminution of the salary of the regular court reporter, for a period not to exceed forty-five (45) days in any one (1) calendar year. The salary of the court reporter pro tempore shall be paid as provided in Section 9-13-19.

All acts of the court reporter pro tempore shall be as valid and effectual as if done by the regular court reporter; and such acts as are required to be certified and signed by the court reporter shall be certified and signed by him as court reporter pro tempore.

SECTION 6. Section 9-13-17, Mississippi Code of 1972, is amended as follows:

9-13-17. The circuit judge, chancellor, family court judge or county judge may, by an order spread upon the minutes and made a part of the records of the court, appoint an additional court reporter, subject to the approval of the board of supervisors if the court district is composed of a single county or the approval of at least one-half (2) of the boards of supervisors if the court district is composed of more than one (1) county, for a term or part of a term whose duties, qualifications and compensation shall be the same as is now provided by law for official court reporters. The additional court reporter shall be subject to the control of the judge or chancellor, as is now provided by law for official court reporters, and the judge or chancellor shall have the additional power to terminate the appointment of such additional court reporter, whenever in his opinion the necessity for such an additional court reporter ceases to exist, by placing upon the minutes of the court an order to that effect. The regular court reporter shall not draw any compensation while the assistant court reporter alone is serving; however, in the event the assistant court reporter is serving because of the illness of the regular court reporter, the court, subject to the approval of the board of supervisors if the court district is composed of a single county or the approval of at least one-half (2) of the boards of supervisors if the court district is composed of more than one (1) county, may authorize payment of the assistant court reporter from the Administrative Office of Courts without diminution of the salary of the regular court reporter, for a period not to exceed forty-five (45) days in any one (1) calendar year. However, in any circuit, chancery, county or family court district within the State of Mississippi, if the judge or chancellor shall determine that in order to relieve the continuously crowded docket in such district, or for other good cause shown, the appointment of an additional court reporter is necessary for the proper administration of justice, he may, subject to the approval of the board of supervisors if the court district is composed of a single county or at least one-half (1/2) of the boards of supervisors if the court district is composed of more than one (1) county, by an order spread upon the minutes and made a part of the records of the court, appoint an additional court reporter. The additional court reporter shall serve at the will and pleasure of the judge or chancellor, may be a resident of any county of the state, and shall be paid a salary designated by the judge or chancellor, subject to the approval of the board of supervisors if the court district is composed of a single county or the approval of at least one-half (2) of the boards of supervisors if the court district is composed of more than one (1) county, not to exceed the salary authorized by Section 9-13-19. The salary of the additional court reporter shall be paid by the Administrative Office of Courts, as provided in Section 9-13-19; and mileage shall be paid to the additional court reporter by the county as provided in the same section. The office of such additional court reporter appointed under this section shall not be abolished or compensation reduced during the term of office of the appointing judge or chancellor without the consent and approval of the appointing judge or chancellor.

SECTION 7. Section 9-13-19, Mississippi Code of 1972, is amended as follows:

9-13-19. (1) Court reporters for circuit and chancery courts shall be paid an annual salary of Thirty-eight Thousand Dollars ($38,000.00) payable by the Administrative Office of Courts. In addition, any court reporter performing the duties of a court administrator in the same judicial district in which the person is employed as a court reporter may be paid additional compensation for performing the court administrator duties. The annual amount of the additional compensation shall be set by vote of the judges and chancellors for whom the court administrator duties are performed, with consideration given to the number of hours per month devoted by the court reporter to performing the duties of a court administrator. The additional compensation shall be subject to the approval of the board of supervisors of the county if the court district is composed of a single county or the approval of at least one-half (2) of the boards of supervisors if the court district is composed of more than one (1) county.

(2) The several counties in each respective court district shall transfer from the general funds of those county treasuries to the Administrative Office of Courts a proportionate amount to be paid toward the annual compensation of the court reporter, including any additional compensation paid for the performance of court administrator duties. The amount to be paid by each county shall be determined by the number of weeks in which court is held in each county in proportion to the total number of weeks court is held in the district. For purposes of this section, the term "compensation" means the gross salary plus all amounts paid for benefits, or otherwise, as a result of employment or as required by employment, but does not include transcript fees otherwise authorized to be paid by or through the counties. However, only salary earned for services rendered shall be reported and credited for retirement purposes. Amounts paid for transcript fees, benefits or otherwise, including reimbursement for travel expenses, shall not be reported or credited for retirement purposes.

For example, if there are thirty-eight (38) scheduled court weeks in a particular district, a county in which court is scheduled five (5) weeks out of the year would have to pay five-thirty-eighths (5/38) of the total annual compensation.

(3) The salary and any additional compensation for the performance of court administrator duties shall be paid in twelve (12) installments on the last working day of each month after it has been duly authorized by the appointing judge or chancellor and an order duly placed on the minutes of the court and approved by the board of supervisors of the county or at least one-half (2) of the boards of supervisors if the court district is composed of more than one (1) county. Each county shall transfer to the Administrative Office of Courts one-twelfth (1/12) of the amount required to be paid pursuant to subsection (2) of this section by the twentieth day of each month for the salary that is to be paid on the last working day of the month. The Administrative Office of Courts shall pay to the court reporter the total amount of salary due for that month. Any county may pay, in the discretion of the board of supervisors, by the twentieth day of January of any year, the amount due for a full twelve (12) months.

(4) From and after October 1, 1996, all circuit and chancery court reporters will be employees of the Administrative Office of Courts.

(5) No circuit or chancery court reporter shall be entitled to any compensation for any special or extended term of court * * *.

(6) No chancery or circuit court reporter shall practice law in the court within which he or she is the court reporter.

(7) For all travel required in the performance of official duties, the circuit or chancery court reporter shall be paid mileage by the county in which the duties were performed at the same rate as provided for county employees in Section 25-3-41. The court reporter shall file in the office of the clerk of the court which he serves a certificate of mileage expense incurred during that term and payment of such expense to the court reporter shall be paid on allowance by the judge of such court, subject to the approval of the board of supervisors of the county.

SECTION 8. Section 9-13-61, Mississippi Code of 1972, is amended as follows:

9-13-61. There shall be an official court reporter for each county and family court judge in the State of Mississippi, to be appointed by such judge, subject to the approval of the board of supervisors, for the purpose of performing the necessary and required stenographic work of the court or division thereof over which the appointing judge is presiding, such work to be performed under the direction of such judge and in the same manner and to the same effect as is provided in the chapter on court reporting.

Except as hereinafter provided, the reporters of the family and county courts shall receive an annual salary of not less than Twenty-four Thousand Dollars ($24,000.00) and may, at the discretion of the board of supervisors, receive a monthly salary equal to that of the reporter of the circuit court district wherein the county lies, the same to be paid monthly by the county out of its general fund.

 * * * However, * * * in any Class 1 county having a population in excess of fifty-six thousand (56,000) persons according to the 1970 federal decennial census, the reporter shall receive a monthly salary equal to that of the reporter of the circuit court district wherein the county or family court lies, the same to be paid monthly by the county out of its general fund.

 * * * In any Class 1 county bordering on the Mississippi River and which has situated therein a national military park and national military cemetery, and having a population in excess of forty-four thousand (44,000) according to the 1970 federal decennial census, the reporter shall receive a monthly salary equal to that of the reporter of the circuit court district wherein the county lies, the same to be paid monthly by the county out of its general fund.

 * * * In any Class 1 county bordering on the Mississippi River wherein U.S. Highways 61 and 84 intersect, and having a population in excess of thirty-seven thousand (37,000) in the 1960 federal decennial census, the reporter shall receive a monthly salary equal to that of the reporter of the circuit court district wherein the county lies, the same to be paid monthly by the county out of its general fund.

 * * * In addition to the foregoing compensation, all county and family court reporters shall be paid the same fees for transcript of the record on appeals as are * * * paid to circuit court reporters for like or similar work.

SECTION 9. This act shall take effect and be in force from and after October 1, 1998.