MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Juvenile Justice; Appropriations

By: Representative Warren

AN ACT TO AUTHORIZE THE ESTABLISHMENT OF THE OFFICE OF YOUTH COURT ADMINISTRATOR; TO PRESCRIBE THE DUTIES OF THE YOUTH COURT ADMINISTRATOR; TO PROVIDE THAT YOUTH COURT ADMINISTRATORS ARE EMPLOYEES OF THE ADMINISTRATIVE OFFICE OF COURTS WORKING AT THE WILL AND PLEASURE OF THE YOUTH COURT JUDGE; TO AUTHORIZE THE ESTABLISHMENT OF THE OFFICE OF YOUTH COURT ADMINISTRATOR FOR ANY MUNICIPAL YOUTH COURT FORMED PRIOR TO JANUARY 1, 1999; TO AMEND SECTION 9-1-36, MISSISSIPPI CODE OF 1972, TO INCLUDE COUNTY COURT JUDGES AMONG THOSE JUDGES FOR WHOM A STATE OFFICE ALLOWANCE IS PROVIDED; TO AMEND SECTION 43-21-123, MISSISSIPPI CODE OF 1972, TO INCLUDE REFEREES AND YOUTH COURT ADMINISTRATORS FOR THE REIMBURSEMENT OF NECESSARY TRAVEL EXPENSES; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) In any county not having a county court or family court judge, the youth court judge may establish the Office of Youth Court Administrator by an order entered on the minutes of the court. The youth court administrator may serve one or more youth courts provided that the youth courts are in the same chancery court district. In the discretion of the youth court judge, the position of youth court administrator may be a full-time or part-time position, but shall not be filled by any person who is currently employed by the Mississippi Department of Human Services. The youth court administrator may serve as the youth court intake officer as established in Section 43-21-115.

(2) It shall be the duty of the youth court administrator to:

(a) Perform all nonjudicial tasks of the youth court, other than those assigned to other youth court employees;

(b) Maintain all statistical reports, issue case numbers, and be responsible to provide the Administrative Office of the Courts all data concerning to the youth court served including completion of all Administrative Office of the Courts tracking forms;

(c) Serve as liaison with the media, the general public, law enforcement, attorneys, witnesses and all other interested parties;

(d) Provide general administrative support for the youth court judge;

(e) Insure that all needed court files, evidence and witnesses are before the court as and when needed, and to personally appear at youth court hearings as directed by the court; and

(f) Perform other duties assigned by the youth court judge.

(3) The salary and other cost associated with the operation of the Office of the Youth Court Administrator shall be fixed on order of the judge as provided in Section 43-21-123.

SECTION 2. (1) In any county not having a county court or family court judge, the youth court judge may employ a youth court administrator as set forth in Section 1 of this act. Each such youth court judge that desires to employ a youth court administrator shall make application to the Administrative Office of Courts. The administrative Office of Courts must approve the position, job description and salary before the position of youth court administrator may be filled. Upon approval by the Administrative Office of Courts, the youth court judge or judges may appoint the youth court administrator and each youth court administrator will work at the will and pleasure of the judge or judges who appointed them but will be employees of the Administrative Office of Courts. Upon approval by the Administrative Office of Courts, the appointment of any youth court administrator shall be evidenced by the entry of an order on the minutes of the youth court. When a youth court administrator is appointed jointly by two (2) or more youth court judges, the order setting forth any appointment shall be entered on the minutes of each participating youth court.

(2) The Administrative Office of Courts shall develop and promulgate minimum qualifications for the position of youth court administrator.

(3) The Administrative Office of Courts shall allocate from the support staff fund an amount not to exceed Thirty thousand Dollars ($30,000.00) per chancery court district for the employment of one (1) or more youth court administrators in the chancery court district. Youth court administrators shall receive compensation pursuant to personnel policies established by the Administrative Office of Courts. Such compensation shall be based on the number of youth courts served, case loads of youth courts served, as well as other criteria developed by the Administrative Office of Courts.

(4) The Administrative Office of Courts shall allocate from the support staff fund an amount not to exceed One Thousand Nine Hundred Dollars ($1,900.00) per chancery court district for the travel expenses of all youth court administrators employed in that chancery court district.

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

(a) "Youth court judge" means any chancellor serving as the judge of a youth court of a county or another judge named by the senior chancellor of that county or chancery court district.

(b) "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.

SECTION 3. Any city were the youth court division was created as a division of the municipal court prior to January 1, 1999, pursuant to Section 43-21-107(4), may employ a youth court administrator in the same manner as prescribed in Sections 1 and 2 of this act for counties not having either a county court or family court judge. However, the Administrative Office of Courts shall allocate from the support staff fund an amount not to exceed Twelve Thousand Dollars ($12,000.00), for the compensation of such youth court administrator.

SECTION 4. Section 9-1-36, Mississippi Code of 1972, is amended as follows:

9-1-36. (1) Each circuit judge, chancellor and 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, 1994, 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. 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, chancellors and county court judges, 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, chancellor or county court judge during the term of his office and thereafter by his successors.

(8) Any circuit judge, chancellor or county court judge 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 circuit judge, chancellor or county court judge in maintaining an office; however, any circuit judge, chancellor or county court judge 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 5. Section 43-21-123, Mississippi Code of 1972, is amended as follows:

43-21-123. (1) Except for expenses provided by state funds and/or other monies, the board of supervisors, or the municipal governing board where there is a municipal youth court, shall adequately provide funds for the operation of the youth court division of the chancery court in conjunction with the regular chancery court budget, or the county or family courts where said courts are constituted. In preparation for said funding, on an annual basis at the time requested, the youth court judge or administrator shall prepare and submit to the board of supervisors, or the municipal governing board of the youth court wherever the youth court is a municipal court, an annual budget which will identify the number, staff position, title and amount of annual or monthly compensation of each position as well as provide for other expenditures necessary to the functioning and operation of the youth court. When the budget of the youth court or youth court judge is approved by the board of supervisors of the governing authority of the municipality, then the youth court or youth court judge may employ such persons as provided in the budget from time to time.

(2) Except for expenses provided by state funds and/or other monies, the board of supervisors of any county in which there is located a youth court, and the governing authority of any municipality in which there is located a municipal youth court, are each authorized to reimburse the youth court judges, referees, youth court administrators and other youth court employees or personnel for reasonable travel and expenses incurred in the performance of their duties and in attending educational meetings offering professional training to such persons as budgeted.

SECTION 6. Provided that, however, nothing in this act shall require any increased expenditure by local governments of the State of Mississippi without the prior consent of said local governmental units.

SECTION 7. This act shall take effect and be in force from and after July 1, 1999.