MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Judiciary B; Fees and Salaries of Public Officers
By: Representatives Gipson, Baker, Bain, Willis, Hines
AN ACT TO AMEND SECTION 9-13-19 AND 9-13-61, MISSISSIPPI CODE OF 1972, TO INCREASE THE SALARY OF COURT REPORTERS IN CIRCUIT, CHANCERY AND COUNTY COURTS; TO PROVIDE HOW CIRCUIT, CHANCERY AND COUNTY COURT REPORTERS WILL BE PAID; TO AMEND SECTIONS 19-13-15 AND 9-13-17, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-13-19, Mississippi Code of 1972, is amended as follows:
9-13-19. (1) Court
reporters for circuit and chancery courts shall be paid an annual salary
payable by the Administrative Office of Courts not to exceed * * *
Fifty Thousand Five Hundred Dollars ($50,500.00) for court reporters
with five (5) years' experience or less; not to exceed * * *
Fifty-eight Thousand Five Hundred Dollars
($58,500.00) for court reporters who have more than five (5) years'
experience but less than ten (10) years; and not to exceed * * * Sixty-six
Thousand Dollars ($66,000.00) for court reporters who have ten (10) years
or more experience. In addition, any court reporter performing the duties of a
court administrator in the same judicial district in which the person is
employed as a court reporter may be paid additional compensation for performing
the court administrator duties. The annual amount of the additional
compensation shall be set by vote of the judges and chancellors for whom the
court administrator duties are performed, with consideration given to the
number of hours per month devoted by the court reporter to performing the
duties of a court administrator. The additional compensation shall be
submitted to the Administrative Office of Courts for approval.
From and after January 1, 2019, and every four (4) years thereafter, each court reporter for circuit or chancery court shall receive a salary increase when that court reporter's judge receives a salary increase as provided in Section 25-3-35(4). The court reporter's salary increase shall be fixed at the level of compensation recommended by the State Personnel Board, to the extent that sufficient funds are available.
(2) The several counties in each respective court district shall transfer from the general funds of those county treasuries to the Administrative Office of Courts a proportionate amount to be paid toward the annual compensation of the court reporter, including any additional compensation paid for the performance of court administrator duties. Any increase in compensation authorized by House Bill No. 1049, 2015 Regular Session, shall be paid with appropriated funds from the Legislature for only one (1) court reporter for each circuit or chancery judge.
Any additional court reporter that a circuit or chancery judge seeks to employ shall be paid from the general funds of the county treasury, subject to the approval of the county board of supervisors. The several counties in each respective court district shall transfer from the general funds of those county treasuries to the Administrative Office of Courts the compensation for any additional court reporter that a circuit or chancery judge seeks to employ. The amount to be paid by each county shall be determined by the number of weeks in which court is held in each county in proportion to the total number of weeks court is held in the district. For purposes of this section, the term "compensation" means the gross salary plus all amounts paid for benefits, or otherwise, as a result of employment or as required by employment, but does not include transcript fees otherwise authorized to be paid by or through the counties. However, only salary earned for services rendered shall be reported and credited for retirement purposes. Amounts paid for transcript fees, benefits or otherwise, including reimbursement for travel expenses, shall not be reported or credited for retirement purposes.
For example, if there are thirty-eight (38) scheduled court weeks in a particular district, a county in which court is scheduled five (5) weeks out of the year would have to pay five-thirty-eighths (5/38) of the total annual compensation.
(3) The salary and any additional compensation for the performance of court administrator duties shall be paid in twelve (12) installments on the last working day of each month after it has been duly authorized by the appointing judge or chancellor and an order duly placed on the minutes of the court. Each county shall transfer to the Administrative Office of Courts one-twelfth (1/12) of the amount required to be paid pursuant to subsection (2) of this section by the twentieth day of each month for the salary that is to be paid on the last working day of the month. The Administrative Office of Courts shall pay to the court reporter the total amount of salary due for that month. Any county may pay, in the discretion of the board of supervisors, by the twentieth day of January of any year, the amount due for a full twelve (12) months.
(4) From and after October 1, 1996, all circuit and chancery court reporters will be employees of the Administrative Office of Courts.
(5) No circuit or chancery court reporter shall be entitled to any compensation for any special or extended term of court after passage of this section.
(6) No chancery or circuit court reporter shall practice law in the court within which he or she is the court reporter.
(7) For all travel required in the performance of official duties, the circuit or chancery court reporter shall be paid mileage by the county in which the duties were performed at the same rate as provided for state employees in Section 25-3-41. The court reporter shall file in the office of the clerk of the court which he serves a certificate of mileage expense incurred during that term and payment of such expense to the court reporter shall be paid on allowance by the judge of such court.
SECTION 2. Section 9-13-61, Mississippi Code of 1972, is amended as follows:
9-13-61. There shall be an
official court reporter for each county * * * court judge in the State of
Mississippi, to be appointed by such judge, for the purpose of performing the
necessary and required stenographic work of the court or division thereof over
which the appointing judge is presiding, said work to be performed under the
direction of such judge and in the same manner and to the same effect as is
provided in the chapter on court reporting. From and after January 1, 2019,
and every four (4) years thereafter, a court reporter for a county court shall
receive a salary increase when that court reporter's judge receives a salary
increase as provided in Section 9-9-11(8)(b). The court reporter's salary
increase shall be fixed at the level of compensation recommended by the State
Personnel Board, to the extent that sufficient funds are available.
Except as hereinafter
provided, the reporters of said * * * court shall receive an annual
salary of not less than * * * Twenty-four Thousand Dollars ($24,000.00) Twenty-nine
Thousand Dollars ($29,000.00) and may, at the discretion of the board of
supervisors, receive a monthly salary equal to that of the reporter of the
circuit court district wherein the county lies, the same to be paid monthly by
the county out of its general fund. Any increase in compensation authorized
by House Bill No. 1049, 2015 Regular Session, shall be paid with appropriated
funds from the Legislature for only one (1) court reporter for each county
judge.
Any additional court reporter that a county judge seeks to employ shall be paid from the general funds of the county treasury, subject to the approval of the county board of supervisors. The several counties in each respective court district shall transfer from the general funds of those county treasuries to the Administrative Office of Courts the compensation for any additional court reporter that a county judge seeks to employ.
Provided, however, that in
any Class 1 county having a population in excess of fifty-six thousand (56,000)
persons according to the 1970 federal decennial census, the reporter shall
receive a monthly salary equal to that of the reporter of the circuit court
district wherein the county * * * court lies, the same to be paid
monthly by the county out of its general fund.
Provided further, that in any Class 1 county bordering on the Mississippi River and which has situated therein a national military park and national military cemetery, and having a population in excess of forty-four thousand (44,000) according to the 1970 federal decennial census, the reporter shall receive a monthly salary equal to that of the reporter of the circuit court district wherein the county lies, the same to be paid monthly by the county out of its general fund.
Provided further, that in any Class 1 county bordering on the Mississippi River wherein U.S. Highways 61 and 84 intersect, and having a population in excess of thirty-seven thousand (37,000) in the 1960 federal decennial census, the reporter shall receive a monthly salary equal to that of the reporter of the circuit court district wherein the county lies, the same to be paid monthly by the county out of its general fund.
Provided further, that in
addition to the foregoing compensation, all county * * * court reporters shall be paid the
same fees for transcript of the record on appeals as are now or hereafter paid
circuit court reporters for like or similar work.
SECTION 3. Section 9-13-15, Mississippi Code of 1972, is amended as follows:
9-13-15. If the court
reporter is absent during the session of the court, the judge or chancellor
may, by an order entered upon the minutes of the court, appoint a court
reporter pro tempore, who shall be sworn to faithfully discharge his duties as
such, and who shall perform all the duties and be liable to all the penalties
and punishments described for or incident to the office of court reporter. The
court reporter pro tempore shall be paid for his services by the Administrative
Office of Courts * * * and at the same rate as
the regular court reporter for the time that the court reporter pro tempore * * * acts. The court which is being
served by the court reporter pro tempore shall authorize his compensation by
auditing and reporting the time served by the court reporter pro tempore to the
Administrative Office of Courts. * * * The salary of the
court reporter pro tempore shall be paid as provided in Section 9-13-19.
All acts of the court reporter pro tempore shall be as valid and effectual as if done by the regular court reporter; and such acts as are required to be certified and signed by the court reporter shall be certified and signed by him as court reporter pro tempore.
SECTION 4. Section 9-13-17, Mississippi Code of 1972, is amended as follows:
9-13-17. The circuit judge,
chancellor, * * * or county judge may, by an order spread upon the minutes
and made a part of the records of the court, appoint an additional court
reporter for a term or part of a term whose duties, qualifications and
compensation shall be the same as is now provided by law for official court
reporters. The additional court reporter shall be subject to the control of
the judge or chancellor, as is now provided by law for official court
reporters, and the judge or chancellor shall have the additional power to
terminate the appointment of such additional court reporter, whenever in his
opinion the necessity for such an additional court reporter ceases to exist, by
placing upon the minutes of the court an order to that effect. * * *
The additional court reporter shall be paid for his services a salary
designated by the judge or chancellor not to exceed the salary authorized by
Section 9-13-19. The salary of the additional court reporter shall be paid by
the Administrative Office of Courts, as provided in Section 9-13-19. However, in any circuit, chancery, or
county * * *
court district within the State of Mississippi, if the judge or chancellor * * * determines that in order to
relieve the continuously crowded docket in such district, or for other good
cause shown, the appointment of an additional court reporter is necessary for
the proper administration of justice, he may, with the advice and consent of
the board of supervisors if the court district is composed of a single county
and with the advice and consent of at least one-half (1/2) of the boards of
supervisors if the court district is composed of more than one (1) county, by
an order spread upon the minutes and made a part of the records of the court,
appoint an additional court reporter. The additional court reporter shall
serve at the will and pleasure of the judge or chancellor, may be a resident of
any county of the state, and shall be paid a salary designated by the judge or
chancellor not to exceed the salary authorized by Section 9-13-19. The salary
of the additional court reporter shall be paid by the Administrative Office of
Courts, as provided in Section 9-13-19; and mileage shall be paid to the
additional court reporter by the county as provided in the same section. The
office of such additional court reporter appointed under this section shall not
be abolished or compensation reduced during the term of office of the
appointing judge or chancellor without the consent and approval of the
appointing judge or chancellor.
SECTION 5. This act shall take effect and be in force from and after July 1, 2015.