MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary, Division A
By: Senator(s) Fillingane
AN ACT TO AMEND SECTIONS 25-3-35, 25-7-9 AND 25-7-13, MISSISSIPPI CODE OF 1972, TO CREATE THE JUSTICE ENHANCEMENT FUND TO PROVIDE SUPPLEMENTAL PAY FOR CERTAIN JUDGES AND PROSECUTORS; TO ESTABLISH A FEE FOR EVERY CIVIL CASE FILED TO BE DEPOSITED IN THE FUND; 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............. $115,390.00
Presiding Justice of the Supreme Court......... 113,190.00
Associate Justices of the Supreme Court, each.. 112,530.00
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 identifying and directing the State Librarian to apply for grants and donations from any public or private source for the purpose of enhancing the holdings of the State Law Library, 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 January 1, 2004, shall receive a sum sufficient when added to the present salaries of the justices to aggregate One Hundred Fifteen Thousand Three Hundred Ninety Dollars ($115,390.00) for the Chief Justice, One Hundred Thirteen Thousand One Hundred Ninety Dollars ($113,190.00) for the presiding justice, and One Hundred Twelve Thousand Five Hundred Thirty Dollars ($112,530.00) 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.
The fixed salaries as specified in this subsection (1) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.
(2) The annual salaries of the judges of the Court of Appeals of Mississippi are fixed as follows, to begin at the commencement of the next term of office immediately succeeding the existing term:
Chief Judge of the Court of Appeals............ $108,130.00
Associate Judges of the Court of Appeals, each. 105,050.00
However, in addition to their present official duties, there are imposed upon the judges of the Court of Appeals the extra duties of making a special study of existing laws 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, and assisting in advising and counseling with the State Librarian in the selection of law books for purchase and use in the State Law Library, assisting in 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 judge, from and after January 1, 2004, shall receive a sum sufficient when added to the present salaries of the judges to aggregate One Hundred Eight Thousand One Hundred Thirty Dollars ($108,130.00) for the Chief Judge and One Hundred Five Thousand Fifty Dollars ($105,050.00) for associate judges, 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.
The fixed salaries as specified in this subsection (2) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.
(3) The annual salaries of the chancery and circuit court judges are fixed as follows, to begin at the commencement of the next term of office immediately succeeding the existing term:
Chancery Judges, each.......................... $104,170.00
Circuit Judges, each........................... 104,170.00
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 seek and identify any grants and donations from any public or private source for the purpose of enhancing the holdings of the libraries of each district. 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 January 1, 2004, shall receive a sum sufficient when added to the present salaries of the judges to aggregate One Hundred Four Thousand One Hundred Seventy Dollars ($104,170.00) 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 Ninety-five Thousand Seven Hundred Ninety-six Dollars ($95,796.00).
(6) The annual salary of the full-time legal assistants shall be not less than Fifteen Thousand Dollars ($15,000.00) nor more than eighty percent (80%) of the salary of the district attorney for legal assistants who have been licensed to practice law for five (5) years or less; eighty-five percent (85%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least five (5) years but less than fifteen (15) years; and ninety percent (90%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least fifteen (15) years or more.
(7) (a) There is created in the State Treasury a special fund to be known as the Justice Enhancement Fund. The purpose of the fund shall be to provide supplemental pay for the judges and prosecutors whose salary is provided in this section. The monies shall be equally distributed to all judges and prosecutors whose salary is provided in this section.
(b) The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
(i) Monies derived from Sections 25-7-9(4) and 25-7-13(1)(d);
(ii) Monies appropriated by the Legislature for the purpose of providing supplemental pay;
(iii) The interest accruing to the fund;
(iv) Monies received from the federal government;
(v) Donations; and
(vi) Monies received from any other sources as may be provided by law.
SECTION 2. Section 25-7-9, Mississippi Code of 1972, is amended as follows:
25-7-9. (1) The clerks of the chancery courts shall charge the following fees:
(a) For the act of certifying copies of filed documents, for each complete document................................ $ 1.00
(b) (i) Recording each deed, will, lease, amendment, subordination, lien, release, cancellation, order, decree, oath, etc., per book and page listed where applicable; for the first fifteen (15) pages $ 10.00
Each additional page........................ $ 1.00
(ii) Sectional index entries per section or subdivision lot................................................... $ 1.00
(c) Recording each deed of trust, for the first fifteen (15) pages................................................. $ 15.00
Each additional page........................ $ 1.00
Sectional index entries per section or subdivision
lot................................................... $ 1.00
(d) (i) Recording oil and gas leases, cancellations, etc., including indexing in general indices; for the first fifteen (15) pages ...................................................... $ 18.00
Each additional page........................ $ 1.00
(ii) Sectional index entries per section or subdivision lot................................................... $ 1.00
(iii) Recording each oil and gas assignment
per assignee.......................................... $ 18.00
(e) (i) Furnishing copies of any papers of record or on file:
If performed by the clerk or his employee,
per page.............................................. $ .50
If performed by any other person, per page.. $ .25
(ii) Entering marginal notations on
documents of record................................... $ 1.00
(f) For each day's attendance on the board of supervisors, for himself and one (1) deputy, each...................... $ 20.00
(g) For other services as clerk of the board of supervisors an allowance shall be made to him (payable semiannually at the July and January meetings) out of the county treasury, an annual sum not exceeding...................................................... $3,000.00
(h) For each day's attendance on the chancery court, to be approved by the chancellor:
For the first chancellor sitting only, clerk and two (2) deputies, each........................................ $ 50.00
For the second chancellor sitting, clerk only $ 50.00
Provided that the fees herein prescribed shall be the total remuneration for the clerk and his deputies for attending chancery court.
(i) On order of the court, clerks and not more than two (2) deputies may be allowed five (5) extra days for each term of court for attendance upon the court to get up records.
(j) For public service not otherwise specifically provided for, the chancery court may by order allow the clerk to be paid by the county on the order of the board of supervisors, an annual sum not exceeding...................................................... $5,000.00
(k) For each civil filing, to be deposited into the Civil Legal Assistance Fund....................................... $ 5.00
The chancery clerk shall itemize on the original document a detailed fee bill of all charges due or paid for filing, recording and abstracting same. No person shall be required to pay such fees until same have been so itemized, but those fees may be demanded before the document is recorded.
(2) The following fees shall be a total fee for all services performed by the clerk with respect to a complaint which shall be payable upon filing and shall accrue to the chancery clerk at the time of filing. The clerk or his successor in office shall perform all duties set forth without additional compensation or fee to wit:
(a) Divorce to be contested................... $75.00
(b) Divorce uncontested....................... $30.00
(c) Alteration of birth or marriage certificate $25.00
(d) Removal of minority....................... $25.00
(e) Guardianship or conservatorship........... $75.00
(f) Estate of deceased, intestate............. $75.00
(g) Estate of deceased, testate............... $75.00
(h) Adoption.................................. $75.00
(i) Land dispute.............................. $75.00
(j) Injunction................................ $75.00
(k) Settlement of small claim................. $30.00
(l) Contempt in child support................. $75.00
(m) Partition suit............................ $75.00
(n) Any cross-complaint....................... $25.00
(o) Commitment ............................... $75.00
(3) For every civil case filed, an additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14....................................... $10.00
(4) For every civil case filed, an additional fee to be deposited to the credit of the Justice Enhancement Fund established in Section 25-3-35......................................................... $25.00
(5) Cost of process shall be borne by the issuing party. Additionally, should the attorney or person filing the pleadings desire the clerk to pay the cost to the sheriff for serving process on one (1) person or more, or to pay the cost of publication, the clerk shall demand the actual charges therefor, at the time of filing.
SECTION 3. Section 25-7-13, Mississippi Code of 1972, is amended as follows:
25-7-13. (1) The clerks of the circuit court shall charge the following fees:
(a) Docketing, filing, marking and registering each complaint, petition and indictment.................................. $85.00
The fee set forth in this paragraph shall be the total fee for all services performed by the clerk up to and including entry of judgment with respect to each complaint, petition or indictment, including all answers, claims, orders, continuances and other papers filed therein, issuing each writ, summons, subpoena or other such instruments, swearing witnesses, taking and recording bonds and pleas, and recording judgments, orders, fiats and certificates; the fee shall be payable upon filing and shall accrue to the clerk at the time of collection. The clerk or his successor in office shall perform all duties set forth above without additional compensation or fee.
(b) Docketing and filing each motion to renew judgment, suggestion for a writ of garnishment, suggestion for a writ of execution and judgment debtor actions and issuing all process, filing and recording orders or other papers and swearing
witnesses................................................ $35.00
(c) For every civil case filed, an additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14........................... $10.00
(d) For every civil case filed, an additional fee to be deposited to the credit of the Justice Enhancement Fund established in Section 25-3-35.......................................... $25.00
(2) Except as provided in subsection (1) of this section, the clerks of the circuit court shall charge the following fees:
(a) Filing and marking each order or other paper and recording and indexing same........................................ $ 2.00
(b) Issuing each writ, summons, subpoena, citation, capias and other such instruments................................... $ 1.00
(c) Administering an oath and taking bond..... $ 2.00
(d) Certifying copies of filed documents, for each complete document................................................. $ 1.00
(e) Recording orders, fiats, licenses, certificates, oaths and bonds:
First page................................ $ 2.00
Each additional page...................... $ 1.00
(f) Furnishing copies of any papers of record or on file and entering marginal notations on documents of record:
If performed by the clerk or his employee,
per page................................................. $ 1.00
If performed by any other person, per page..... $ .25
(g) Judgment roll entry....................... $ 5.00
(h) Taxing cost and certificate............... $ 1.00
(i) For taking and recording application for marriage license, for filing and recording consent of parents when required by law, for filing and recording medical certificate, filing and recording proof of age, recording and issuing license, recording and filing returns $20.00
The clerk shall deposit Fourteen Dollars ($14.00) of each fee collected for a marriage license in the Victims of Domestic Violence Fund established in Section 93-21-117, on a monthly basis.
(j) For certified copy of marriage license and search of record, the same fee charged by the Bureau of Vital Statistics of the State Board of Health.
(k) For public service not particularly provided for, the circuit court may allow the clerk, per annum, to be paid by the county on presentation of the circuit court's order, the following amount $5,000.00
However, in the counties having two (2) judicial districts, such above allowance shall be made for each judicial district.
(l) For drawing jurors and issuing venire, to be paid by the county................................................ $ 5.00
(m) For each day's attendance upon the circuit court term, for himself and necessary deputies allowed by the court, each to be paid by the county............................................ $ 50.00
(n) Summons, each juror to be paid by the county upon the allowance of the court................................ $ 1.00
(o) For issuing each grand jury subpoena, to be paid by the county on allowance by the court, not to exceed Twenty-five Dollars ($25.00) in any one (1) term of court................. $ 1.00
(p) For each civil filing, to be deposited into the Civil Legal Assistance Fund....................................... $ 5.00
(3) On order of the court, clerks and deputies may be allowed five (5) extra days for attendance upon the court to get up records.
(4) The clerk's fees in state cases where the state fails in the prosecution, or in cases of felony where the defendant is convicted and the cost cannot be made out of his estate, in an amount not to exceed Four Hundred Dollars ($400.00) in one (1) year, shall be paid out of the county treasury on approval of the circuit court, and the allowance thereof by the board of supervisors of the county. In counties having two (2) judicial districts, such allowance shall be made in each judicial district; however, the maximum thereof shall not exceed Eight Hundred Dollars ($800.00). Clerks in the circuit court, in cases where appeals are taken in criminal cases and no appeal bond is filed, shall be allowed by the board of supervisors of the county after approval of their accounts by the circuit court, in addition to the above fees, for making such transcript the rate of Two Dollars ($2.00) per page.
(5) The clerk of the circuit court may retain as his commission on all money coming into his hands, by law or order of the court, a sum to be fixed by the court not exceeding one-half of one percent (1/2 of 1%) on all such sums.
(6) For making final records required by law, including, but not limited to, circuit and county court minutes, and furnishing transcripts of records, the circuit clerk shall charge Two Dollars ($2.00) per page. The same fees shall be allowed to all officers for making and certifying copies of records or papers which they are authorized to copy and certify.
(7) The circuit clerk shall prepare an itemized statement of fees for services performed, cost incurred, or for furnishing copies of any papers of record or on file, and shall submit the statement to the parties or, if represented, to their attorneys within sixty (60) days. A bill for same shall accompany the statement.
SECTION 4. 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 5. 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.