MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Fees and Salaries of Public Officers; County Affairs

By: Representative Dedeaux

House Bill 25

AN ACT TO AMEND SECTION 25-7-61, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MAXIMUM AMOUNT THAT THE BOARD OF SUPERVISORS OF ANY COUNTY MAY PAY TO GRAND JURORS AND PETIT JURORS IN THE CHANCERY, CIRCUIT AND SPECIAL EMINENT DOMAIN COURTS SHALL NOT BE GREATER THAN THE AMOUNT ESTABLISHED UNDER FEDERAL LAW FOR ATTENDANCE OF GRAND AND PETIT JURORS IN FEDERAL DISTRICT COURTS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 25-7-61, Mississippi Code of 1972, is amended as follows:

     25-7-61.  (1)  Fees of jurors shall be payable as follows:

          (a)  Grand jurors and petit jurors in the chancery, county, circuit and special eminent domain courts shall be paid an amount to be set by the board of supervisors, not to be less than  Twenty-five Dollars ($25.00) per day and not to be greater than   the amount established under federal law for attendance of grand and petit jurors in federal district courts, plus mileage authorized in Section 25-3-41.  In the trial of all cases where jurors are in charge of bailiffs and are not permitted to separate, the sheriff with the approval of the trial judge may pay for room and board of jurors on panel for actual time of trial.

     No grand juror shall receive any compensation except mileage unless he shall have been sworn as provided by Section 13-5-45; and no petit juror except those jurors called on special venires shall receive any compensation authorized under this subsection except mileage unless he shall have been sworn as provided by Section 13-5-71.

          (b)  Jurors making inquisitions of idiocy, lunacy or of unsound mind and jurors on coroner's inquest shall be paid Five Dollars ($5.00) per day plus mileage authorized in Section 25-3-41 by the county treasurer on order of the board of supervisors on certificate of the clerk of the chancery court in which such inquisition is held.

          (c)  Jurors in the justice courts shall be paid an amount of not less than Ten Dollars ($10.00) per day and not more than Fifteen Dollars ($15.00) per day, to be established by the board of supervisors.  In all criminal cases in the justice court wherein the prosecution fails, the fees of jurors shall be paid by the county treasurer on order of the board of supervisors on certificate of the county attorney in all counties that have county attorneys, otherwise by the justice court judge.

     (2)  Any juror may return the fees provided as compensation for service as a juror to the county which paid for such person's service as a juror.  The fees returned to the county may be earmarked for a particular purpose to be selected by the juror, including:

          (a)  The local public library;

          (b)  Local law enforcement;

          (c)  The Mississippi Fire Fighters Memorial Burn Center Fund created in Section 7-9-70, Mississippi Code of 1972; or

          (d)  Any other governmental agency.

     SECTION 2.  This act shall take effect and be in force from and after October 1, 2004.