MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary A; Appropriations
By: Representatives Baker, Dixon
AN ACT TO AMEND SECTIONS 9-5-3, 9-5-13, 9-5-15, 9-5-17, 9-5-31, 9-5-37, 9-5-38, 9-5-43, 9-5-51 AND 9-5-58, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN CHANCERY COURT DISTRICTS AND PROVIDE FOR NEW CHANCELLORS IN CERTAIN DISTRICTS; TO BRING FORWARD SECTIONS 9-5-33 AND 9-5-50, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; TO AMEND SECTIONS 9-7-3, 9-7-15, 9-7-21, 9-7-23, 9-7-29, 9-7-33, 9-7-35, 9-7-42, 9-7-46 AND 9-7-53, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN CIRCUIT COURT DISTRICTS AND PROVIDE FOR NEW JUDGESHIPS IN CERTAIN DISTRICTS; TO CREATE NEW SECTION 9-5-59, MISSISSIPPI CODE OF 1972, TO CREATE THE 21ST CHANCERY COURT DISTRICT TO CREATE SECTION 9-7-59, MISSISSIPPI CODE OF 1972, TO CREATE THE TWENTY-THIRD CIRCUIT COURT DISTRICT; TO CREATE SECTION 9-7-61, MISSISSIPPI CODE OF 1972, TO PROVIDE JUDGESHIPS FOR THE TWENTY-THIRD CIRCUIT COURT DISTRICT; TO PROVIDE THAT THE DISTRICT ATTORNEY FOR THE 23RD CIRCUIT COURT DISTRICT SHALL BE APPOINTED BY THE GOVERNOR AND HIS TERM OF OFFICE SHALL COMMENCE JANUARY 1, 2015; TO AMEND SECTION 25-31-5, MISSISSIPPI CODE OF 1972, TO PROVIDE ADDITIONAL LEGAL ASSISTANTS TO DISTRICT ATTORNEYS IN CERTAIN CIRCUIT COURT DISTRICTS; TO AMEND SECTION 25-31-10, MISSISSIPPI CODE OF 1972, TO PROVIDE CRIMINAL INVESTIGATORS IN CERTAIN CIRCUIT COURT DISTRICTS; TO AMEND SECTION 99-36-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE WILL FUND CERTAIN VICTIMS ASSISTANCE COORDINATORS WHEN FEDERAL FUNDS ARE NO LONGER AVAILABLE; TO AMEND SECTION 23-15-977, MISSISSIPPI CODE OF 1972, TO SET QUALIFYING DEADLINE FOR JUDICIAL CANDIDATES AS SEPTEMBER 5, 2014, FOR THE 2014 JUDICIAL ELECTIONS ONLY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-5-3, Mississippi Code of 1972, is amended as follows:
9-5-3. (1) The state shall be divided into an appropriate number of chancery court districts, severally numbered and comprised of the counties as set forth in the sections which follow. A court to be styled "The Chancery Court of the County of ____" shall be held in each county, and within each judicial district of a county having two (2) judicial districts, at least twice a year. From and after January 1, 1995, the dates upon which court shall be held in chancery court districts consisting of a single county shall be the same dates state agencies and political subdivisions are open for business excluding legal holidays. The dates upon which terms shall commence and the number of days for which terms shall continue in chancery court districts consisting of more than one (1) county shall be set by order of the chancellor in accordance with the provisions of subsection (2) of this section. A matter in court may extend past such terms if the interest of justice so requires.
(2) An order establishing the commencement and continuation of terms of court for each of the counties within a chancery court district consisting of more than one (1) county shall be entered annually and not later than October 1 of the year immediately preceding the calendar year for which such terms of court are to become effective. Notice of the dates upon which the terms of court shall commence and the number of days for which such terms shall continue in each of the counties within a chancery court district shall be posted in the office of the chancery clerk of each county within the district and mailed to the office of the Secretary of State for publication and distribution to all members of the Mississippi Bar. In the event that an order is not timely entered as herein provided, the terms of court for each of the counties within any such chancery court district shall remain unchanged for the next calendar year.
(3) The number of chancellorships for each chancery court district shall be determined by the Legislature based upon the following criteria:
(a) The population of the district;
(b) The number of cases filed in the district;
(c) The case load of each chancellor in the district;
(d) The geographic area of the district;
(e) An analysis of the needs of the district by the court personnel of the district; and
(f) Any other appropriate criteria.
(4) The Judicial College of the University of Mississippi Law Center and the Administrative Office of Courts shall determine the appropriate:
(a) Specific data to be collected as a basis for applying the above criteria;
(b) Method of collecting and maintaining the specified data; and
(c) Method of assimilating the specified data.
(5) In a district having more than one (1) office of chancellor, there shall be no distinction whatsoever in the powers, duties and emoluments of those offices except that the chancellor who has been for the longest time continuously a chancellor of that court or, should no chancellor have served longer in office than the others, the chancellor who has been for the longest time a member of the Mississippi Bar, shall be the senior chancellor. The senior chancellor shall have the right to assign causes and dockets and to set terms in districts consisting of more than one (1) county.
(6) The Split Precinct Block List developed in conjunction with Joint Resolution No. 1 and Joint Resolution No. 201, 2012 Regular Session, that details the portions of the partial or split precincts that are contained within a district by census tract and block number as such list is utilized to detail partial or split precincts for judicial districts in this chapter is hereby incorporated into and shall be construed to be an integral part of this chapter. Such partial or split precincts contained in the chapter shall be identifiable by an asterisk (*) which shall follow its designation within any electoral district.
SECTION 2. Section 9-5-13, Mississippi Code of 1972, is amended as follows:
9-5-13. (1) There shall be * * *
four (4)
chancellors for the Third Chancery Court District.
(2) (a) The two * * *
chancellors of
Subdistrict 3-1 shall be elected from DeSoto County. The two (2) chancellors
of Subdistrict 3-2 shall be elected from Grenada County, Montgomery County,
Panola County, Tate County and Yalobusha County.
(b) For purposes of
appointment and election, the * * * four chancellorships shall be
separate and distinct. The chancellorships in Subdistrict 3-1 shall be
denominated only as "Place One * * *" and "Place Two" and
the chancellorships in Subdistrict 3-2 shall be denominated only as * * * "Place Three * * *" and "Place Four."
(c) The senior chancellor of this district shall have the authority to assign cases and set dockets. The senior chancellor may assign any case from within the entire Third Chancery Court District to himself or herself as, such senior chancellor deems appropriate. For the other chancellors in the district, the senior chancellor shall only assign cases to the other chancellors that are within such chancellor's respective subdistrict except in cases of emergency or in cases where there is a judicial conflict of a nature that prohibits the chancellors assigned to a subdistrict to hear such case due to recusal or other conflict.
SECTION 3. Section 9-5-15, Mississippi Code of 1972, is amended as follows:
9-5-15. (1) The Fourth Chancery Court District shall be comprised of the following counties:
(a) Amite County;
(b) Franklin County;
(c) Pike County; and
(d) Walthall County.
(2) There shall be two (2) chancellors for the Fourth Chancery Court District.
SECTION 4. Section 9-5-17, Mississippi Code of 1972, is amended as follows:
9-5-17. (1) The Fifth Chancery Court District shall be comprised of Hinds County.
(2) The Fifth Chancery Court District shall be divided into the following four (4) subdistricts:
(a) Subdistrict 5-1 shall consist of the following precincts in Hinds County: Precincts 33, 34, 35, 36, 44, 45, 46, 78, 79, 72, 73, 74, 75, 76, 77, 92, 93, 96, 1, 2, 4, 5, 6, 8, 9, 10, 32, 47 and 97.
(b) Subdistrict 5-2 shall consist of the following precincts in Hinds County: Precincts 37, 38, 39, 40, 41, 42, 43, 80, 81, 82, 83, 84, 11, 12, 13, 14, 15, 16, 17, 23, 27, 28, 29, 30 and 85, Brownsville, Cynthia, Pocahontas and Tinnin Precincts.
(c) Subdistrict 5-3
shall consist of the following precincts in Hinds County: Precincts 21, 22,
25, 31, 86, 58, 59, 66, 67, 68, 69, 70, 71, 89, 24, 26, 54, 55, 56, 57, 60, 61,
62, 18, 19, 20, 50, 51, 52, 53, 63 * * *, 64 and Jackson State Precinct.
(d) Subdistrict 5-4 shall consist of the following precincts in Hinds County: Precincts 94, 95, 87, 88, 90 and 91, Bolton, Edwards, Pine Haven, Utica 1, Utica 2, Byram 1, Byram 2, Cayuga, Learned, Clinton 1, Clinton 2, Clinton 3, Clinton 4, Clinton 5, Clinton 6, Raymond 1, Raymond 2, Spring Ridge, St. Thomas, Old Byram, Terry, Chapel Hill and Dry Grove Precincts.
SECTION 5. Section 9-5-31, Mississippi Code of 1972, is amended as follows:
9-5-31. (1) The Ninth Chancery Court District shall be comprised of the following counties:
* * *
( * * *a) Issaquena County;
( * * *b) Sharkey County;
( * * *c) Sunflower County;
( * * *d) Warren County; and
( * * *e) Washington County.
(2) The Ninth Chancery Court District shall be divided into three (3) subdistricts as follows:
(a) Subdistrict 9-1 shall consist of the following precincts in the following counties:
(i) Sunflower County: Indianola 2 East*, Indianola 3 North*, Indianola 3 Northeast*, Indianola 3 South*, Ruleville, Boyer-Linn, Fairview-Hale, Rome, Sunflower Plantation, Drew and Ruleville North Precincts; and
(ii) Washington
County: Buster Brown Community Center, Darlove Baptist Church*,
Extension Building, * * * Grace Methodist Church*, Brent Center, * * *
American
Legion, Metcalf City Hall, Elks Club, Leland Health Department Clinic, * * *
Leland
Rotary Club, Potter House Church and Greenville Industrial College
Precincts.
(b) Subdistrict 9-2
shall consist of * * * Holmes, Humphreys and Yazoo County andthe following precincts
in the following counties:
(i) Sunflower
County: Inverness, * * * Moorhead, Indianola 2 West, Indianola 2 East*, Sunflower 3,
Sunflower 4, Indianola 3 North*, Indianola 3 Northeast*, Indianola 3
South*, Indianola Southeast and Doddsville Precincts; and
(ii) Washington
County: Christ Wesleyan Methodist Church, St. James Episcopal Church,
Swiftwater Baptist Church, Glen Allan Health Clinic, * * * Ward's Recreation Center, * * *
Arcola City
Hall, * * *
Hollandale City Hall, Darlove Baptist Church*, * * * Tampa Drive and
Grace Methodist Church* Precincts.
(c) Subdistrict 9-3 shall consist of Issaquena County, Sharkey County and Warren County.
SECTION 6. Section 9-5-33, Mississippi Code of 1972, is brought forward as follows:
9-5-33. There shall be three (3) chancellors for the Ninth Chancery Court District. One (1) chancellor shall be elected from each subdistrict.
SECTION 7. Section 9-5-37, Mississippi Code of 1972, is amended as follows:
9-5-37. * * *
The Eleventh Chancery Court District shall be comprised of the following
counties:
* * *
( * * *a) Leake County; and
( * * *b) Madison County * * *.
* * *
* * *
SECTION 8. Section 9-5-38, Mississippi Code of 1972, is amended as follows:
9-5-38. (1) There
shall be two (2) chancellors for the Eleventh Chancery Court District. * * *
(2) For purposes of appointment and election, the two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only at "Place One," and "Place Two."
SECTION 9. Section 9-5-43, Mississippi Code of 1972, is amended as follows:
9-5-43. (1) The Fourteenth Chancery Court District shall be comprised of the following counties:
(a) Chickasaw County;
(b) Clay County;
(c) Lowndes County;
(d) Noxubee County;
(e) Oktibbeha County; and
(f) Webster County.
(2) The Fourteenth Chancery Court District shall be divided into three (3) subdistricts as follows:
(a) Subdistrict 14-1 shall consist of Chickasaw County, Webster County and the following precincts in Oktibbeha County: Bell Schoolhouse*, Central Starkville*, West Starkville*, North Adaton, South Adaton, North Longview, Self Creek, Double Springs, Northeast Starkville, East Starkville*, North Starkville 2*, North Starkville 3, Gillespie Street Center*, Maben, South Starkville*, South Longview, Craig Springs, Bradley, Center Grove and Sturgis Precincts.
(b) Subdistrict 14-2 shall consist of the following precincts in the following counties:
(i) Clay County: Vinton, East West Point, Siloam, Central West Point, South West Point and Cedar Bluff Precincts; and
(ii) Lowndes
County: Caledonia, Steens A, Steens B, Steens C, * * *
Sale
A, Sale B, Sale C, Rural Hill B, * * * Brandon A, Brandon B, Brandon C,
Brandon D, Columbus High School A, Columbus High School B, Columbus High School
C, Columbus High School D, Dowdle Gas Training Center B, Fairgrounds F,
Fairgrounds C, Fairgrounds E, Hunt C, Lee Middle School, * * *
Air Base A, Air Base B,
Air Base C, Air Base D, Air Base E, Steens C, Rural Hill A, Rural
Hill C, New Hope A, Mitchell A, New Hope B, New Hope C, New Hope
D, New Hope E, Trinity B, Union Academy * * * B, Union Academy C and University A
Precincts.
(c) Subdistrict 14-3 shall consist of Noxubee County and the following precincts in the following counties:
(i) Clay County:
North West Point, Union Star, Tibbee, Cairo, Caradine, * * * West West Point, Pheba and Pine Bluff
Precincts;
(ii) Lowndes
County: * * * Fair Grounds G, Fairgrounds A,
Fairgrounds B, Fairgrounds D, Coleman A, Coleman B, Mitchell B, Plum
Grove A, Crawford A, Hunt B, Hunt A, Union Academy * * * A, University B, West Lowndes A,
West Lowndes B, Artesia, * * * Crawford * * *
A, * * * New Hope * * * F, * * *
Plum Grove B, Propst
Park Community Hut, Plum Grove C and Trinity A Precincts; and
(iii) Oktibbeha County: Osborn, Hickory Grove, Bell Schoolhouse*, Central Starkville*, East Starkville*, North Starkville 2*, South Starkville*, West Starkville*, Southeast Oktibbeha, Gillespie Street Center*, Sessums and Oktoc Precincts.
SECTION 10. Section 9-5-50, Mississippi Code of 1972, is brought forward as follows:
9-5-50. (1) There shall be three (3) chancellors for the Sixteenth Chancery Court District.
(2) For the purposes of appointment and election, the three (3) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two" and "Place Three."
SECTION 11. Section 9-5-51, Mississippi Code of 1972, is amended as follows:
9-5-51. (1) The Seventeenth Chancery Court District shall be comprised of the following counties:
(a) Adams County;
(b) Claiborne County;
(c) Jefferson County; and
(d) Wilkinson County.
(2) The Seventeenth Chancery Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 17-1
shall consist of Claiborne County, Jefferson County, and the following
precincts in Adams County: Carpenter*, Convention Center*, Foster Mound,
Maryland* * * *,
Palestine, Northside School, Thompson, Pine Ridge, Airport * * * and Washington* Precincts.
(b) Subdistrict 17-2
shall consist of Wilkinson County and the following precincts in Adams County:
Courthouse, By-Pass Fire Station, * * * Bellemont, Carpenter*, * * *
Duncan Park, Beau Pre,
Kingston, Concord, Convention Center*, Liberty Park, Maryland*,
Morgantown * * *,
Oakland and Washington* Precincts.
(3) There shall be two (2) chancellors for the Seventeenth Chancery Court District. One (1) chancellor shall be elected from each subdistrict.
SECTION 12. Section 9-5-58, Mississippi Code of 1972, is amended as follows:
9-5-58. There shall be * * *
three (3)
chancellors for the Twentieth Chancery Court District. For purposes of
appointment and election the two (2) chancellorships shall be separate and
distinct and denominated for purposes of appointment and election only as
"Place One," * * * "Place Two * * *" and "Place Three."
SECTION 13. This section shall be codified as 9-5-59, Mississippi Code of 1972.
9-5-59. The Twenty-first Chancery Court District shall be comprised of the following counties:
(a) Holmes;
(b) Humphreys; and
(c) Yazoo.
SECTION 14. Section 9-7-3, Mississippi Code of 1972, is amended as follows:
9-7-3. (1) The state is divided into an appropriate number of circuit court districts severally numbered and comprised of the counties as set forth in the sections which follow. A court to be styled "The Circuit Court of the County of ____" shall be held in each county, and within each judicial district of a county having two (2) judicial districts, at least twice a year. From and after January 1, 1995, the dates upon which court shall be held in circuit court districts consisting of a single county shall be the same dates state agencies and political subdivisions are open for business excluding legal holidays. The dates upon which terms shall commence and the number of days for which such terms shall continue in circuit court districts consisting of more than one (1) county shall be set by order of the circuit court judge in accordance with the provisions of subsection (2) of this section. A matter in court may extend past such times if the interest of justice so requires.
(2) An order establishing the commencement and continuation of terms of court for each of the counties within a circuit court district consisting of more than one (1) county shall be entered annually and not later than October 1 of the year immediately preceding the calendar year for which such terms of court are to become effective. Notice of the dates upon which the terms of court shall commence and the number of days for which such terms shall continue in each of the counties within a circuit court district shall be posted in the office of the circuit clerk of each county within the district and mailed to the office of the Secretary of State for publication and distribution to all members of The Mississippi Bar. In the event that an order is not timely entered as herein provided, the terms of court for each of the counties within any such circuit court district shall remain unchanged for the next calendar year. A certified copy of any order entered under the provisions of this subsection shall, immediately upon the entry thereof, be delivered to the clerk of the board of supervisors in each of the counties within the circuit court district.
(3) The number of judges in each circuit court district shall be determined by the Legislature based upon the following criteria:
(a) The population of the district;
(b) The number of cases filed in the district;
(c) The case load of each judge in the district;
(d) The geographic area of the district;
(e) An analysis of the needs of the district by the court personnel of the district; and
(f) Any other appropriate criteria.
(4) The Judicial College of the University of Mississippi Law Center and the Administrative Office of Courts shall determine the appropriate:
(a) Specific data to be collected as a basis for applying the above criteria;
(b) Method of collecting and maintaining the specified data; and
(c) Method of assimilating the specified data.
(5) In a district having more than one (1) office of circuit judge, there shall be no distinction whatsoever in the powers, duties and emoluments of those offices except that the judge who has been for the longest time continuously a judge of that court or, should no judge have served longer in office than the others, the judge who has been for the longest time a member of The Mississippi Bar, shall be the senior judge. The senior judge shall have the right to assign causes and dockets and to set terms in districts consisting of more than one (1) county. A circuit court judge shall have the right to assign criminal matters to county court as provided in Section 9-9-21.
(6) The Split Precinct Block List developed in conjunction with Joint Resolution No. 1 and Joint Resolution No. 201, 2012 Regular Session, that details the portions of the partial or split precincts that are contained within a district by census tract and block number as such list is utilized to detail partial or split precincts for judicial districts in this chapter is hereby incorporated into and shall be construed to be an integral part of this chapter. Such partial or split precincts contained in the chapter shall be identifiable by an asterisk (*) which shall follow its designation within any electoral district.
SECTION 15. Section 9-7-15, Mississippi Code of 1972, is amended as follows:
9-7-15. (1) The Fourth Circuit Court District shall be composed of the following counties:
(a) Leflore County;
(b) Sunflower County; and
(c) Washington County.
(2) The Fourth Circuit Court District shall be divided into four (4) subdistricts as follows:
(a) Subdistrict 4-1 shall consist of the following precincts in the following counties:
(i) Leflore County: Central Greenwood*, Minter City, North Greenwood, Money, Northeast Greenwood, Schlater, West Greenwood*, Mississippi Valley State University and Southeast Greenwood Precincts; and
(ii) Sunflower County: Ruleville, Rome, Sunflower Plantation, Drew, Doddsville, Boyer-Linn, Fairview-Hale* and Ruleville North Precincts.
(b) Subdistrict 4-2 shall consist of the following precincts in the following counties:
(i) Sunflower
County: Fairview-Hale*, Indianola * * * 2 East*, Sunflower 3, Sunflower 4,
Indianola 3 North, Indianola 3 South*, Indianola Southeast and Indianola
3 Northeast Precincts; and
(ii) Washington
County: Buster Brown Community Center*, Darlove Baptist Church*,
Extension Building*, Grace Methodist Church*, * * *
American
Legion, Metcalfe City Hall, Elks Club, Leland Health Department Clinic, * * * Leland Rotary
Club, Potter House Church*, St. James Episcopal Church* and
Greenville Industrial College* Precincts.
(c) Subdistrict 4-3 shall consist of the following precincts in the following counties:
(i) Leflore
County: East Greenwood * * * Sub‑A, East Greenwood Sub‑B, Central Greenwood*,
North Itta Bena, South Itta Bena, Southwest Greenwood, West Greenwood*,
Rising Sun, Sidon, Morgan City * * */Swiftown and South Greenwood
Precincts;
(ii) Sunflower County: Moorhead, Inverness, Indianola 3 South*, Indianola 2 West and Indianola 2 East* Precincts; and
(iii) Washington
County: Arcola City Hall*, Hollandale City Hall * * * and Darlove Baptist Church* * * *
Precincts.
(d) Subdistrict 4-4
shall consist of the following precincts in Washington County: Arcola City
Hall*, Christ Wesleyan Methodist Church, Extension Building*, Greenville
Industrial College*, Potter House Church*, St. James Episcopal Church*,
Swiftwater Baptist Church, Tampa Drive, Glen Allan Health Clinic, * * *
Ward's Recreation
Center, Buster Brown Community Center*, * * * Brent Center * * * and Grace Methodist
Church* Precincts.
(3) The local contributions required for the maintenance of the Fourth Circuit Court District shall be paid on a pro rata basis each by Leflore, Sunflower and Washington Counties.
SECTION 16. Section 9-7-21, Mississippi Code of 1972, is amended as follows:
9-7-21. (1) The Sixth Circuit Court District shall be comprised of the following counties:
(a) Adams County;
(b) Amite County;
(c) Franklin County; and
(d) Wilkinson County.
(2) The Sixth Circuit Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 6-1 shall consist of Wilkinson County and the following precincts in the following counties:
(i) Adams
County: Courthouse*, By-Pass Fire Station, * * * Carpenter * * *, Concord*, Duncan Park*,
Foster Mound, Maryland* * * *, Northside School, Thompson, Pine
Ridge, Washington* and Airport * * * Precincts; and
(ii) Amite County: Gloster*, Ariel, Homochitto, Crosby, East Centreville, East Gloster*, South Liberty*, Street and Berwick Precincts.
(b) Subdistrict 6-2 shall consist of Franklin County and the following precincts in the following counties:
(i) Adams
County: * * * Bellemont, Concord*, Convention
Center, Courthouse*, Duncan Park*, Beau Pre, Kingston, Liberty Park,
Maryland*, Palestine, Morgantown, Oakland and Washington*
Precincts * * *;
and
(ii) Amite County: Amite River, East Fork, East Gloster*, East Liberty, Gloster*, Liberty, New Zion, Oneil, Riceville, Smithdale, South Liberty*, Tangipahoa, Tickfaw, Walls and Zion Hills Precincts.
(3) There shall be two (2) circuit judges for the Sixth Circuit Court District. One (1) judge shall be elected from each subdistrict.
SECTION 17. Section 9-7-23, Mississippi Code of 1972, is amended as follows:
9-7-23. (1) The Seventh Circuit Court District shall be comprised of Hinds County.
(2) The Seventh Circuit Court District shall be divided into four (4) subdistricts in Hinds County as follows:
(a) Subdistrict 7-1 shall consist of the following precincts in Hinds County: Precincts 33, 34, 35, 36, 44, 45, 46, 78, 79, 72, 73, 74, 75, 76, 77, 92, 93, 96, 1, 2, 4, 5, 6, 8, 9, 10, 32, 47 and 97.
(b) Subdistrict 7-2 shall consist of the following precincts in Hinds County: Precincts 37, 38, 39, 40, 41, 42, 43, 80, 81, 82, 83, 84, 11, 12, 13, 14, 15, 16, 17, 23, 27, 28, 29, 30 and 85, Brownsville, Cynthia, Pocahontas and Tinnin Precincts.
(c) Subdistrict 7-3
shall consist of the following precincts in Hinds County: Precincts 21, 22,
25, 31, 86, 58, 59, 66, 67, 68, 69, 70, 71, 89, 24, 26, 54, 55, 56, 57, 60, 61,
62, 18, 19, 20, 50, 51, 52, 53, 63 * * *, 64 and Jackson State Precinct.
(d) Subdistrict 7-4 shall consist of the following precincts in Hinds County: Precincts 94, 95, 87, 88, 90 and 91, Bolton, Edwards, Pine Haven, Utica 1, Utica 2, Byram 1, Byram 2, Cayuga, Learned, Clinton 1, Clinton 2, Clinton 3, Clinton 4, Clinton 5, Clinton 6, Raymond 1, Raymond 2, Spring Ridge, St. Thomas, Old Byram, Terry, Chapel Hill and Dry Grove Precincts.
SECTION 18. Section 9-7-29, Mississippi Code of 1972, is amended as follows:
9-7-29. (1) The Ninth Circuit Court District shall be comprised of the following counties:
(a) Issaquena County;
(b) Sharkey County; and
(c) Warren County.
(2) The Ninth Circuit Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 9-1
shall consist of Issaquena County, Sharkey County and the following precincts
in Warren County: 3-61 Store*, St. Aloysius, Kings*, Cedar Grove*, * * *
Auditorium,
Brunswick, Number 7 Fire Station*, Vicksburg Junior High School*
and American Legion Hall Precincts.
(b) Subdistrict 9-2
shall consist of the following precincts in Warren County: 3-61 Store*,
Beechwood, Cedar Grove*, Kings*, Oak Ridge, Bovina, Culkin, Redwood, Number
7 Fire Station*, Jett, Elks Lodge, Goodrum, * * * Plumbers Hall, * * * Moose Lodge, Vicksburg Junior High
School*, YMCA, Yokena, and Tingleville Precincts.
SECTION 19. Section 9-7-33, Mississippi Code of 1972, is amended as follows:
9-7-33. (1) The Eleventh Circuit Court District shall be comprised of the following counties:
(a) Bolivar County;
(b) Coahoma County;
(c) Quitman County; and
(d) Tunica County.
(2) The Eleventh Circuit Court District shall be divided into three (3) subdistricts as follows:
(a) Subdistrict 11-1 shall consist of the following precincts from the following counties:
(i) Bolivar
County: Gunnison, East Rosedale*, West Rosedale, Pace,
Benoit, Beulah, Choctaw, Scott, East-Central Cleveland*,
Cleveland Courthouse, * * * East Cleveland*, West Cleveland, West Central
Cleveland, Longshot, North Cleveland, Northwest Cleveland*, South
Cleveland*, Skene, Shaw, Boyle and Stringtown Precincts; and
(ii) Coahoma County: Sherard*, Clarksdale 2-4*, Clarksdale 5-4*, Farrell*, Rena Lara, and Bobo Precincts.
(b) Subdistrict 11-2 shall consist of the following precincts from the following counties:
(i) Bolivar
County: * * * Cleveland Eastgate, Duncan/Alligator, East Central
Cleveland*, Shelby, Mound Bayou, Winstonville, Merigold, Northwest
Cleveland*, Renova, South Cleveland* and East Cleveland* Precincts;
(ii) Coahoma
County: Clarksdale 1-4*, Clarksdale 3-4, Clarksdale 4-2, * * *
Clarksdale 4-3,
Clarksdale 3-3, Cagle Crossing, Dublin and Roundway Precincts; and
(iii) Quitman
County: * * * Belen*,
District 3 South*, Northwest Marks, Southwest Marks, * * *
West Lambert * * * and Lambert * * * Precincts.
(c) Subdistricts 11-3 shall consist of Tunica County and the following precincts in the following counties:
(i) Coahoma
County: Lula, Farrell*, Friars Point, Lyons, Clarksdale 1-4*, * * *
Clarksdale
2-4*, Clarksdale 5-4*, Coahoma, Sherard* and Jonestown Precincts;
and
(ii) Quitman
County: Crenshaw, Sledge, * * * Darling, Belen*, * * *
District 3 North,
District 3 South* and Crowder Precincts.
SECTION 20. Section 9-7-35, Mississippi Code of 1972, is amended as follows:
9-7-35. (1) The Twelfth Circuit Court District shall be comprised of the following counties:
(a) Forrest County; and
(b) Perry County.
(2) There shall be two (2) judges for the Twelfth Circuit Court District.
SECTION 21. Section 9-7-42, Mississippi Code of 1972, is amended as follows:
9-7-42. (1) There shall be * * *
three (3) judges for
the Fifteenth Circuit Court District.
(2) For purposes of appointment
and election, the two (2) judgeships shall be separate and distinct and
denominated for purposes of appointment and election only as "Place One," * * *
"Place Two * * *" and "Place Three." The
judge for "Place Three" shall be a resident of Pearl River County.
SECTION 22. Section 9-7-53, Mississippi Code of 1972, is amended as follows:
9-7-53. The Twentieth
Circuit Court District shall be * * *
Rankin County.
SECTION 23. The following shall be codified as Section 9-7-59, Mississippi Code of 1972:
9-7-59. The Twenty-third Circuit Court District shall be Madison County.
SECTION 24. The following shall be codified as Section 9-7-61, Mississippi Code of 1972:
9-7-61. (1) There shall be two (2) judges for the Twenty-third Circuit Court District.
(2) For purposes of appointment and election, the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
SECTION 25. The District Attorney for the 23rd Circuit Court District shall be appointed by the Governor and his term of office shall commence January 1, 2015. Such person appointed by the Governor shall serve as the District Attorney for the 23rd District until a successor is elected at the general election for such office in November 2015.
SECTION 26. 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... * * * nine (9)
legal assistants.
(b) Second Circuit
Court District..... * * * ten (10)
legal assistants.
(c) Third Circuit Court District...... five (5)
legal assistants.
(d) Fourth Circuit
Court District..... * * * six (6)
legal assistants.
(e) Fifth Circuit Court District..... five (5)
legal assistants.
(f) Sixth Circuit Court District..... two (2)
legal assistants.
(g) Seventh Circuit Court District..... eleven (11)
legal assistants.
(h) Eighth Circuit Court District...... * * * four (4)
legal assistants.
(i) Ninth Circuit Court District... * * * three (3)
legal assistants.
(j) Tenth Circuit Court District....... four (4)
legal assistants.
(k) Eleventh Circuit Court District.... * * * six (6)
legal assistants.
(l) Twelfth Circuit Court District ... * * * five (5)
legal assistants.
(m) Thirteenth Circuit
Court District... * * * four (4)
legal assistants.
(n) Fourteenth Circuit
Court District . * * * five (5)
legal assistants.
(o) Fifteenth Circuit
Court District . * * * six (6)
legal assistants.
(p) Sixteenth Circuit Court District... * * * five (5)
legal assistants.
(q) Seventeenth
Circuit Court District. * * * six (6)seven (7) legal assistants.
(r) Eighteenth Circuit Court District.. two (2)
legal assistants.
(s) Nineteenth Circuit Court District... * * * five (5)
legal assistants.
(t) Twentieth Circuit Court District.. * * * three (3)
legal assistants.
(u) Twenty-first Circuit Court District two (2)
legal assistants.
(v) Twenty-second Circuit Court District
..................................................
* * * three
(3)
legal assistants.
(w) Twenty-third Circuit Court District ... three (3) 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.
(w) Twenty-third 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.
(4) The district attorney of any circuit court district may employ additional legal assistants or criminal investigators, or both, without regard to any limitation on the number of legal assistants authorized in this section or criminal investigators authorized by other provisions of law to the extent that the district attorney's office receives funds from any source. Any source shall include, but is not limited to, office generated funds, funds from a county, a combination of counties, a municipality, a combination of municipalities, federal funds, private grants or foundations, or by means of an Interlocal Cooperative Agreement authorized by Section 17-13-1 which may be expended for those positions in an amount sufficient to pay all of the salary, supplemental pay, expenses and fringe benefits of the positions. Such funds may either be paid out of district attorney accounts, transferred by the district attorney to the Department of Finance and Administration or to one or more of the separate counties comprising the circuit court district, and said funds shall be disbursed to such employees in the same manner as state-funded criminal investigators and full-time legal assistants. The district attorney shall report to the board of supervisors of each county comprising the circuit court district the amount and source of the supplemental salary, expenses and fringe benefits, and the board in each county shall spread the same on its minutes. The district attorney shall also report such information to the Department of Finance and Administration which shall make such information available to the Legislative Budget Office.
(5) The district attorney shall be authorized to assign the duties of a legal assistant regardless of the source of funding for such legal assistants.
SECTION 27. 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, Thirteenth, Fourteenth,
Fifteenth, Sixteenth, Seventeenth * * *, Twentieth and Twenty-third
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 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 Fifty-nine Thousand Five Hundred Dollars ($59,500.00) 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.
(7) The district attorney shall be authorized to assign the duties of criminal investigators regardless of the source of funding for such criminal investigators.
SECTION 28. Section 99-36-7, Mississippi Code of 1972, is amended as follows:
99-36-7. (1) (a) In addition to the full-time legal assistants to the district attorney authorized by Section 25-31-5, the district attorney in each circuit court district in this state shall, subject to the approval of and upon the order of the senior circuit court judge of the district, employ one (1) person to serve at the will and pleasure of the district attorney as a "victim assistance coordinator" who shall not be considered to be a state employee.
(b) The District Attorney of the First Circuit Court District may appoint one (1) additional victim assistance coordinator subject to the approval of and upon the order of the senior circuit court judge of the district for a total of two (2) victim assistance coordinators.
(2) The duty of the victim assistance coordinator is to ensure that a victim, guardian of a victim, or close relative of a deceased victim is afforded the rights granted victims, guardians and relatives by Section 99-36-5. The victim assistance coordinator shall work closely with appropriate law enforcement agencies, prosecuting attorneys, the state and the judiciary in fulfilling that duty.
(3) The salary of the victim assistance coordinator shall not exceed the salary authorized for criminal investigators in Section 25-31-10, and shall be paid jointly by the counties comprising the circuit court district, with each county paying a pro rata share of the salary as determined by the senior circuit court judge.
(4) The board of supervisors of any county, with the approval of and upon the order of the senior circuit court judge of the district wherein such county lies, may, in addition to any victim assistance coordinator provided for in subsection (1) of this section, create the position of county victim assistance coordinator. The duty of the county victim assistance coordinator shall be to cooperate with local law enforcement agencies, the county attorney and the district attorney in assuring that a victim, guardian or close relative is afforded the rights granted by Section 99-36-5. Two (2) or more counties, by action of their respective boards of supervisors, with the approval of and upon the order of the senior circuit court judge of the district wherein such counties lie, may join in establishing and maintaining the position of victim assistance coordinator to serve these counties. Any municipality, by action of its governing authority, may participate in the establishment and maintenance of a county victim assistance coordinator's office located within the municipality.
(5) Any district attorney, county board of supervisors or governing authority of a municipality which has established or is participating in the maintenance of an office of victim assistance coordinator may apply through the Governor's Office of State and Federal Programs for a grant under the federal "Victims of Crimes Act of 1984" (Public Law 98-473) to be used in the continued operation of the victim assistance program. When such funds are no longer available, the state shall fund such victim assistance coordinators.
SECTION 29. Section 23-15-977, Mississippi Code of 1972, is amended as follows:
23-15-977. (1) (a) Except as otherwise provided in this section, 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:
( * * *i) Candidates for Supreme Court judge
and Court of Appeals, the sum of Two Hundred Dollars ($200.00).
( * * *ii) Candidates for circuit judge and
chancellor, the sum of One Hundred Dollars ($100.00).
( * * *iii) Candidates for county judge and
family court judge, the sum of Fifteen Dollars ($15.00).
Candidates for judicial office may not file their intent to be a candidate and pay the proper assessment before January 1 of the year in which the election for the judicial office is held.
(b) For the November 2014 election for judicial offices, all candidates for judicial office as defined in Section 23-15-975, shall file their intent to be a candidate with proper officials not later than 5:00 p.m. on September 5, 2014, and shall pay to the proper officials the amounts required in subsection (a) of this section. This section shall stand repealed on and after December 31, 2014.
(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 with, and paid the proper assessment to, such clerk. Such notification shall occur within two (2) business days and shall contain all necessary information.
(4) If only one (1) person files his intent to be a candidate for a judicial office and that person subsequently dies, resigns or is otherwise disqualified from holding the judicial office after the deadline provided for in subsection (1) of this section but more than seventy (70) days before the date of the general election, the Governor, upon notification of the death, resignation or disqualification of the person, shall issue a proclamation authorizing candidates to file their intent to be a candidate for that judicial office for a period of not less than seven (7) nor more than ten (10) days from the date of the proclamation.
(5) If only one (1) person qualifies as a candidate for a judicial office and that person subsequently dies, resigns or is otherwise disqualified from holding the judicial office within seventy (70) days before the date of the general election, the judicial office shall be considered vacant for the new term and the vacancy shall be filled as provided in by law.
SECTION 30. This act shall take effect and be in force from and after its passage.