MISSISSIPPI LEGISLATURE

2002 Regular Session

To: Fees and Salaries of Public Officers; Appropriations

By: Representative McCoy, Watson

House Bill 799

AN ACT TO AMEND SECTION 25-3-35, MISSISSIPPI CODE OF 1972, TO INCREASE THE SALARIES OF DISTRICT ATTORNEYS AND ASSISTANT DISTRICT ATTORNEYS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 25-3-35, Mississippi Code of 1972, is amended as follows:

     25-3-35.  (1)  The annual salaries of the following judges are fixed as follows, to begin at the commencement of the next term of office immediately succeeding the existing term:

Chief Justice of the Supreme Court............. $104,900.00

Presiding Justice of the Supreme Court.......... 102,900.00

Associate Justices of the Supreme Court, each... 102,300.00

     However, in addition to their present official duties, there are imposed upon the Supreme Court Justices the extra duties of making a special study of existing laws and reporting to each regular session of the Legislature such constructive suggestions as they may deem necessary for the improvement of the administration of justice, and of advising and counseling with the State Librarian in the selection of law books for purchase and use in the State Law Library, advising with the librarian thereof upon the removal from the library of any books which may be the least frequently used, and for the placing of same in a convenient location so as to provide additional space for such books and other current publications which may be more frequently used or called for.  For such extra services each justice, from and after June 17, 1999, shall receive a sum sufficient when added to the present salaries of the justices to aggregate One Hundred Four Thousand Nine Hundred Dollars ($104,900.00) for the Chief Justice, One Hundred Two Thousand Nine Hundred Dollars ($102,900.00) for the Presiding Justice, and One Hundred Two Thousand Three Hundred Dollars ($102,300.00) for Associate Justices, per annum.  As each existing term expires and the above-captioned salaries become effective in due course, the extra duties and compensation provided for shall cease.

     (2)  The annual salaries of the judges of the Court of Appeals of Mississippi are fixed as follows:

Chief Judge of the Court of Appeals............ $ 98,300.00

Associate Judges of the Court of Appeals, each... 95,500.00

     (3)  The annual salaries of the chancery and circuit court judges are fixed as follows:

Chancery Judges, each........................... $94,700.00

Circuit Judges, each............................. 94,700.00

     In addition to their present official duties, there are imposed upon the chancery and circuit court judges the extra duties of making a special study of existing laws relating to trial courts and reporting to the Supreme Court of the State of Mississippi such constructive suggestions as they may deem necessary for the improvement of the administration of justice, which shall be recommended to the Legislature by the Supreme Court in the manner provided by law.  The judges shall advise and supervise in the purchase of law books for the libraries of each district, and shall study and evaluate the inventory of books and facilities now existing in the libraries of each district to effect the removal and relocation of obsolete publications so as to provide additional space for those books and current publications more frequently used.  The judges shall study the existing rules promulgated by the circuit and chancery court judicial associations governing the operation of chancery and circuit courts, and revise the same pursuant to existing laws.  For such extra services each judge, from and after June 17, 1999, shall receive a sum sufficient when added to the present salaries of the judges to aggregate Ninety-four Thousand Seven Hundred Dollars ($94,700.00) per annum for each judge.  Upon the expiration of the existing term, the above-captioned salaries become effective in due course, and the extra duties and compensation provided for shall cease.

     (4)  The Supreme Court shall prepare a payroll for chancery judges and circuit judges and submit such payroll to the Department of Finance and Administration.

     (5)  The annual salary of the full-time district attorneys shall be One Hundred Five Thousand Nine Hundred Dollars ($105,900.00).

     (6)  (a)  The annual salary of * * * full-time legal assistants who have practiced law actively less than two (2) years shall be not less than Twenty-five Thousand Dollars ($25,000.00) nor more than Sixty Thousand Dollars ($60,000.00), as established by the district attorney.

          (b)  The annual salary of full-time legal assistants who have practiced law actively two (2) or more years but less than six (6) years shall be not more than Sixty-seven Thousand Five Hundred Dollars ($67,500.00), as established by the district attorney.

          (c)  The annual salary of full-time legal assistants who have practiced law actively six (6) or more years but less than ten (10) years shall be not more than Seventy-five Thousand Dollars ($75,000.00), as established by the district attorney.

          (d)  The annual salary of full-time legal assistants who have practiced law actively ten (10) or more years but less than twenty (20) years shall be not more than Eighty-five Thousand Dollars ($85,000.00), as established by the district attorney.

          (e)  The annual salary of full-time legal assistants who have practiced law actively twenty (20) or more years shall be not more than Ninety Thousand Dollars ($90,000.00), as established by the district attorney.

     SECTION 2.  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 3.  This act shall take effect and be in force from and after July 1, 2002, if it is effectuated on or before that date under Section 5 of the Voting Rights Act of 1965, as amended and extended.  If it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, after July 1, 2002, 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.