2007 Regular Session
To: Fees and Salaries of Public Officers; Appropriations
By: Representative Coleman (29th)
AN ACT TO AMEND SECTION 9-11-27, MISSISSIPPI CODE OF 1972, TO INCREASE THE JUSTICE COURT CLERKS' COMPENSATION; TO AMEND SECTION 25-7-25, MISSISSIPPI CODE OF 1972, TO REVISE FEES CHARGED BY JUSTICE COURT FOR CERTAIN SERVICE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-11-27, Mississippi Code of 1972, is amended as follows:
9-11-27. The board of supervisors of each county shall, at its own expense, appoint one (1) person to serve as clerk of the justice court system of the county, and may appoint such other employees for the justice court of the county as it deems necessary, including a person or persons to serve as deputy clerk or deputy clerks. The board of supervisors of each county with two (2) judicial districts may, at its own expense, appoint two (2) persons to serve as clerks of the justice court system of the county, one (1) for each judicial district, and may appoint such other employees for the justice court system of the county as it deems necessary including persons to serve as deputy clerks. The salary of the justice court clerk shall not be less than the salary of the justice court judges for that county, as provided in Section 25-3-36. The clerk and deputy clerks shall be empowered to file and record actions and pleadings, to receive and receipt for monies, to acknowledge affidavits, to issue warrants in criminal cases upon direction by a justice court judge in the county, to approve the sufficiency of bonds in civil and criminal cases, to certify and issue copies of all records, documents and pleadings filed in the justice court and to issue all process necessary for the operation of the justice court. The clerk or deputy clerks may refuse to accept a personal check in payment of any fine or cost or to satisfy any other payment required to be made to the justice court. All orders from the justice court judge to the clerk of the justice court shall be written. All cases, civil and criminal, shall be assigned by the clerk to the justice court judges of the county in the manner provided in Section 11-9-105 and Section 99-33-2. A deputy clerk who works in an office separate from the clerk and who is the head deputy clerk of the separate office may be designated to be trained as a clerk as provided in Section 9-11-29.
SECTION 2. Section 25-7-25, Mississippi Code of 1972, is amended as follows:
25-7-25. (1) Costs and fees in the justice court shall be charged as follows and shall be paid in advance to the clerk of the justice court in accordance with the provisions of Section 9-11-10:
(a) A uniform total fee in all civil cases, whether contested or uncontested, which shall include all services in connection therewith, except as hereinafter stated, each. $25.00
(b) For more than one (1) defendant, for service of process on each defendant........................................ 5.00
(c) After final judgment has been enrolled, further proceedings involving levy of execution on judgments, and attachment and garnishment proceedings.............................. 15.00
(d) For all services in connection with the issuance of a peace bond............................................... 25.00
(e) For celebrating a marriage, and certificate
(f) Commission to take depositions............ 5.00
(g) Appeal with proceedings and bond.......... 5.00
(h) A clerk's fee to be collected in all criminal cases in which the defendant is convicted * * *................... 25.00
(2) The justice court shall have the power to impose a fee not to exceed Fifty Dollars ($50.00) for dismissal of any criminal affidavit, complaint or charge.
(3) In addition to the salary provided for in subsection (1) of Section 25-3-36, each justice court judge may receive a fee of not more than Twenty-five Dollars ($25.00) for each marriage ceremony he performs in the courtroom or offices of the justice court at any time the courtroom or offices are open to the public. This fee shall be paid by the parties to the marriage. Each justice court judge may receive money or gratuities for marriage ceremonies performed outside of and away from the courtroom and the offices of the justice court, that the parties to the marriage request to have performed at any time the courtroom or offices of the justice court are closed. These monies or gratuities, in an amount agreed upon by the parties to the marriage, are not considered fees for the justice court and are not subject to the requirements set forth in the provisions of Section 9-11-10.
SECTION 3. This act shall take effect and be in force from and after July 1, 2007.