MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Juvenile Justice; Appropriations

By: Senator(s) Smith

AN ACT TO PROVIDE AN ADDITIONAL YOUTH COURT JUDGE TO THE YOUTH COURT OF EVERY COUNTY; TO PRESCRIBE THE SALARY AND QUALIFICATIONS FOR THE POSITION; TO PRESCRIBE THE DUTIES OF SUCH YOUTH COURT JUDGES; AND FOR RELATED PURPOSES. 

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

SECTION 1. The following provision shall be codified as Section 43-21-108, Mississippi Code of 1972:

43-21-108. Additional judge for the youth court of every county.

(1) In order to relieve the crowded condition of the youth court dockets, and in order to provide some degree of uniformity in the youth courts of this state, it is enacted that from and after January 1, 1999, there shall be an administrative youth court judge appointed by the Governor for a term concurrent with the term of the appointing governor in every county of the state. Should the Governor fail to make some or all of the appointments required within three (3) months after a vacancy occurs, the appointments shall be made by the Chief Justice of the Supreme Court.

(2) The administrative youth court judge shall meet all the qualifications prescribed for a county court judge in Section 9-9-5, shall not be the senior youth court judge, and shall receive an annual salary of Fifty Thousand Dollars ($50,000.00) payable from the State General Fund in monthly installments as provided by law.

(3) The position created by this section shall be a full-time position, and the administrative youth court judge shall not otherwise practice law; but this prohibition shall not prohibit the administrative youth court judges from practicing in any of the courts so far as to enable them to bring to a conclusion cases actually pending when they were appointed, in which such administrative judges were then employed as provided in Section 9-1-25 for judges of the circuit and chancery courts.

(4) The administrative youth court judge shall hear such cases and perform such duties as assigned to him by:

(a) In a county in which the jurisdiction of the youth court is exercised by the family court, by the senior family court judge;

(b) In a county in which the jurisdiction of the youth court is exercised by the county court, by the senior county court judge;

(c) In a county in which the jurisdiction of the youth court is exercised by the chancery court, or where there is created a youth court division as a division of the municipal court, by the senior chancellor.

(5) The Administrative Office of Courts is authorized to require administrative youth court judges in courts with low youth court caseloads to assist in relieving courts with heavy youth court caseloads provided adequate funds are available for travel and lodging for the administrative youth court judges.

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