MISSISSIPPI LEGISLATURE
2002 Regular Session
To: Judiciary
By: Senator(s) Stogner
AN ACT TO AMEND SECTION 9-7-42, MISSISSIPPI CODE OF 1972, TO PROVIDE AN ADDITIONAL JUDGE FOR THE FIFTEENTH CIRCUIT COURT DISTRICT; TO AMEND SECTIONS 23-15-977 AND 23-15-983, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO AMEND SECTION 25-31-5, MISSISSIPPI CODE OF 1972, TO REVISE THE NUMBER OF LEGAL ASSISTANTS TO THE DISTRICT ATTORNEY OF THE FIFTEENTH CIRCUIT; TO AMEND SECTION 25-31-10, MISSISSIPPI CODE OF 1972 TO REVISE THE NUMBER OF CRIMINAL INVESTIGATORS FOR THE FIFTEENTH CIRCUIT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-7-42, Mississippi Code of 1972, is amended as follows:
9-7-42. (1) There shall be two (2) judges for the Fifteenth Circuit Court District; however, from and after January 1, 2003, there shall be three (3) judges for the Fifteenth Circuit Court District.
(2) For the purposes of the 2002 election only, any candidates for the third position of Circuit Judge of the Fifteenth Circuit Court District shall file intent to be a candidate not later than thirty (30) days prior to the general election. The qualification and election of the three (3) judgeships shall otherwise be as provided by Sections 23-15-974 through 23-15-985.
(3) For the purposes of appointment and election the three (3) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two" and "Place Three."
SECTION 2. Section 23-15-977, Mississippi Code of 1972, is amended as follows:
23-15-977. (1) Except as may be otherwise provided by law, all candidates for judicial office as defined in Section 23-15-975 of this subarticle shall file their intent to be a candidate with the proper officials not later than 5:00 p.m. on the first Friday after the first Monday in May prior to the general election for judicial office and shall pay to the proper officials the following amounts:
(a) Candidates for Supreme Court judge and Court of Appeals, the sum of Two Hundred Dollars ($200.00).
(b) Candidates for circuit judge and chancellor, the sum of One Hundred Dollars ($100.00).
(c) Candidates for county judge and family court judge, the sum of Fifteen Dollars ($15.00).
(2) Candidates for judicial offices listed in paragraphs (a) and (b) of subsection (1) of this section shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the State Board of Election Commissioners.
(3) Candidates for judicial offices listed in paragraph (c) of subsection (1) of this section shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the circuit clerk of the proper county. The circuit clerk shall notify the county commissioners of election of all persons who have filed their intent to be a candidate filed with, and paid the proper assessment to, such clerk. Such notification shall occur within two (2) business days and shall contain all necessary information.
SECTION 3. Section 23-15-983, Mississippi Code of 1972, is amended as follows:
23-15-983. At the general election, the candidates equal to the number of positions to be filled and having the highest votes shall be elected.
Any tie votes in the general election which must be resolved in order to determine who is elected shall be resolved in the manner prescribed by Sections 23-15-601 and 23-15-605.
The provisions of this section shall apply only to districts and subdistricts which are multijudge districts except for the Eighth, Tenth, Sixteenth and Twentieth Chancery Court Districts and the Second, Eighth, Fifteenth and Nineteenth Circuit Court Districts.
SECTION 4. Section 25-31-5, Mississippi Code of 1972, is amended as follows:
25-31-5. (1) The following number of full-time legal assistants are authorized in the following circuit court districts:
(a) First Circuit Court District........... seven (7)
legal assistants.
(b) Second Circuit Court District........... nine (9)
legal assistants.
(c) Third Circuit Court District............ four (4)
legal assistants.
(d) Fourth Circuit Court District........... five (5)
legal assistants.
(e) Fifth Circuit Court District............ four (4)
legal assistants.
(f) Sixth Circuit Court District............. two (2)
legal assistants.
(g) Seventh Circuit Court District.......... nine (9)
legal assistants.
(h) Eighth Circuit Court District............ two (2)
legal assistants.
(i) Ninth Circuit Court District............. two (2)
legal assistants.
(j) Tenth Circuit Court District............ four (4)
legal assistants.
(k) Eleventh Circuit Court District......... five (5)
legal assistants.
(l) Twelfth Circuit Court District......... three (3)
legal assistants.
(m) Thirteenth Circuit Court District........ two (2)
legal assistants.
(n) Fourteenth Circuit Court District...... three (3)
legal assistants.
(o) Fifteenth Circuit Court District.......... six(6)
legal assistants.
(p) Sixteenth Circuit Court District........ four (4)
legal assistants.
(q) Seventeenth Circuit Court District...... five (5)
legal assistants.
(r) Eighteenth Circuit Court District........ two (2)
legal assistants.
(s) Nineteenth Circuit Court District....... four (4)
legal assistants.
(t) Twentieth Circuit Court District........ four (4)
legal assistants.
(u) Twenty-first Circuit Court District...... two (2)
legal assistants.
(v) Twenty-second Circuit Court District..... two (2)
legal assistants.
(2) In addition to any legal assistants authorized pursuant to subsection (1) of this section, the following number of full-time legal assistants are authorized (i) in the following circuit court districts if funds are appropriated by the Legislature to adequately fund the salaries, expenses and fringe benefits of such legal assistants, or (ii) in any of the following circuit court districts in which the board of supervisors of one or more of the counties in a circuit court district adopts a resolution to pay all of the salaries, supplemental pay, expenses and fringe benefits of legal assistants authorized in such district pursuant to this subsection:
(a) First Circuit Court District............. two (2)
legal assistants.
(b) Second Circuit Court District............ two (2)
legal assistants.
(c) Third Circuit Court District............. two (2)
legal assistants.
(d) Fourth Circuit Court District............ two (2)
legal assistants.
(e) Fifth Circuit Court District............. two (2)
legal assistants.
(f) Sixth Circuit Court District............. two (2)
legal assistants.
(g) Seventh Circuit Court District........... two (2)
legal assistants.
(h) Eighth Circuit Court District............ two (2)
legal assistants.
(i) Ninth Circuit Court District............. two (2)
legal assistants.
(j) Tenth Circuit Court District............. two (2)
legal assistants.
(k) Eleventh Circuit Court District.......... two (2)
legal assistants.
(l) Twelfth Circuit Court District........... two (2)
legal assistants.
(m) Thirteenth Circuit Court District........ two (2)
legal assistants.
(n) Fourteenth Circuit Court District........ two (2)
legal assistants.
(o) Fifteenth Circuit Court District......... two (2)
legal assistants.
(p) Sixteenth Circuit Court District......... two (2)
legal assistants.
(q) Seventeenth Circuit Court District....... two (2)
legal assistants.
(r) Eighteenth Circuit Court District........ two (2)
legal assistants.
(s) Nineteenth Circuit Court District........ two (2)
legal assistants.
(t) Twentieth Circuit Court District......... two (2)
legal assistants.
(u) Twenty-first Circuit Court District...... two (2)
legal assistants.
(v) Twenty-second Circuit Court District..... two (2)
legal assistants.
(3) The board of supervisors of any county may pay all or a part of the salary, supplemental pay, expenses and fringe benefits of any district attorney or legal assistant authorized in the circuit court district to which such county belongs pursuant to this section.
SECTION 5. Section 25-31-10, Mississippi Code of 1972, is amended as follows:
25-31-10. (1) Any district attorney may appoint a full-time criminal investigator.
(2) The district attorneys of the Third, Fifth, Ninth, Tenth, Eleventh, Twelfth, * * * Sixteenth, Seventeenth and Twentieth Circuit Court Districts may appoint one (1) additional full-time criminal investigator for a total of two (2) full-time criminal investigators.
(3) The district attorneys of the First, Second, Fourth * * *, Seventh, Fifteenth and Nineteenth Circuit Court Districts may appoint two (2) additional full-time criminal investigators for a total of three (3) full-time criminal investigators.
(4) No district attorney or assistant district attorney shall accept any private employment, civil or criminal, in any matter investigated by such criminal investigators.
(5) The full and complete compensation for all public duties rendered by said criminal investigators shall be not more than Forty-five Thousand Dollars ($45,000.00) per annum, to be determined at the discretion of the district attorney based upon the qualifications, education and experience of the criminal investigator, plus necessary travel and other expenses, to be paid in accordance with Section 25-31-8. However, the maximum salary under this subsection for a criminal investigator who has a law degree may be supplemented by the district attorney from other available funds, but not to exceed the maximum salary for a legal assistant to a district attorney.
(6) Any criminal investigator may be designated by the district attorney to attend the Law Enforcement Officers Training Program set forth in Section 45-6-1 et seq., Mississippi Code of 1972. The total expenses associated with attendance by criminal investigators at the Law Enforcement Officers Training Program shall be paid out of the funds of the appropriate district attorney.
SECTION 6. 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 7. 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.