House Bill 1643

(As Passed the House)

AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF LEE COUNTY, MISSISSIPPI, TO CREATE A SECOND COUNTY COURT JUDGE POSITION; TO PROVIDE THAT SUCH CREATED JUDGESHIP SHALL BE DESIGNATED AS LEE COUNTY COURT JUDGE POST TWO WITH THE CURRENT COUNTY COURT JUDGE POSITION DESIGNATED AS POST ONE; TO PROVIDE THAT EACH JUDGESHIP SHALL BE SEPARATE AND DISTINCT; TO PROVIDE THAT THE MOST SENIOR JUDGE SHALL ASSIGN CASES; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) In order to relieve the crowded condition of the docket in the county court of Lee County and particularly to facilitate and make possible the trial and disposition of the large number of causes on the docket, the Board of Supervisors of Lee County, Mississippi, in its discretion, may create a second county court judge position to be designated as Lee County Court Judge Post Two with the current county court judge position designated as Lee County Court Judge Post One.

(2) For the purposes of nomination and election, the two (2) judgeships shall be separate and distinct, the presently existing judgeship and its succession to be denominated for purposes of appointment, nomination and election only as "Place One" and the judgeship hereby created and its succession for said selfsame purposes and none other to be designated as "Place Two." There shall be no distinction whatsoever in the powers, duties and emoluments of the two (2) offices of county judge, except that the county judge of Lee County who has been for the longest time continuously a county judge of the county shall have the power to assign causes, terms and dockets. Should neither judge of the county court have served longer in the office than the other, then that judge of the county court who has been for the longest time a member of The Mississippi Bar shall have the right to assign causes, terms and dockets.

(3) While there shall be no limitation whatsoever upon the powers and duties of the county judges other than as cast upon them by the Mississippi Constitution and laws of this state, the County Court of Lee County may, in the discretion of the county judge who has been for the longest time continuously a judge of such court, be divided into civil, equity, youth and criminal divisions as a matter of convenience, by the entry of an order upon the minutes of the court.

(4) Each county judge shall appoint his or her own court reporter in accordance with Section 9-13-61, Mississippi Code of 1972, for the purpose of doing the necessary stenographic work of the court.

(5) The additional judgeship created by this section shall remain active unless the Board of Supervisors of Lee County, Mississippi, shall adopt an order duly entered upon the minutes of the board stating that county funds are insufficient for the compensation and related expenses of the additional judgeship created herein.

(6) If the order of the board of supervisors as required under subsection (5) of this section shall have been duly adopted and entered upon the minutes of the board, then the additional judgeship herein created under this section not be filled. All candidates for such office shall possess all of the qualifications of a circuit court judge as prescribed by the Mississippi Constitution and shall qualify for election in the same manner and be governed by the same statutes as other candidates for county office.

(7) An election for the Lee County Court Judge Post Two shall be held during the first available general election following the approval of the board of supervisors. After the first election to fill the judgeship created under this section, the provisions of Section 9-9-5, Mississippi Code of 1972, shall apply to the judgeship created under this section.

SECTION 2. This act shall take effect and be in force from and after its passage.