MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Appropriations

By: Representatives Read, Shanks, Stamps, Anthony, Foster

House Bill 1423

(As Sent to Governor)

AN ACT TO AMEND SECTION 25-3-35, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR AN INCREASE IN THE ANNUAL SALARIES OF THE JUSTICES OF THE SUPREME COURT, THE JUDGES OF THE COURT OF APPEALS, THE CHANCERY AND CIRCUIT COURT JUDGES, AND THE DISTRICT ATTORNEYS, EFFECTIVE ON JANUARY 1, 2023; TO AMEND SECTION 25-31-39, MISSISSIPPI CODE OF 1972, TO AUTHORIZE DISTRICT ATTORNEYS TO EMPLOY PART-TIME LEGAL ASSISTANTS; 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:

 * * * From and after January 1, 2013, through December 31, 2013:

     Chief Justice of the Supreme Court $126,292.50

     Presiding Justices of the Supreme Court, each 123,600.75

     Associate Justices of the Supreme Court, each 122,460.00

     From and after January 1, 2014, through December 31, 2014:

     Chief Justice of the Supreme Court $137,195.00

     Presiding Justices of the Supreme Court, each 134,011.50

     Associate Justices of the Supreme Court, each 132,390.00

     From and after January 1, 2015, through December 31, 2015:

     Chief Justice of the Supreme Court $148,097.50

     Presiding Justices of the Supreme Court, each 144,422.25

     Associate Justices of the Supreme Court, each 142,320.00

     From and after January 1, 2016:

     Chief Justice of the Supreme Court $159,000.00

     Presiding Justices of the Supreme Court, each 154,833.00

     Associate Justices of the Supreme Court, each 152,250.00

Through December 31, 2022:

Chief Justice of the Supreme Court............... $174,000.00

Presiding Justices of the Supreme Court, each.... 169,500.00

Associate Justices of the Supreme Court, each.... 166,500.00

From and after January 1, 2023:

Chief Justice of the Supreme Court............... $181,491.00

Presiding Justices of the Supreme Court, each.... 176,737.00

Associate Justices of the Supreme Court, each.... 173,800.00

     There are imposed upon the Supreme Court justices the extra duties of taking all necessary action to promote judicial education in schools, intervention courts, electronic filing and case management systems as developed by the Administrative Office of Courts, or such other additional duties as may be assigned by the Chief Justice of the Supreme Court.  For such extra services each justice, from and after January 1, * * *2013 2023, shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (1).

     The fixed salaries in this subsection (1) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45.  No less than:  One Hundred Fifteen Thousand Three Hundred Ninety Dollars ($115,390.00) of the Chief Justice's salary in this subsection (1), One Hundred Thirteen Thousand One Hundred Ninety Dollars ($113,190.00) of the salary of a presiding justice in this subsection (1), and One Hundred Twelve Thousand Five Hundred Thirty Dollars ($112,530.00) of the salary of an associate justice in this subsection (1) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of the Chief Justice, a presiding justice and an associate justice to the levels set forth in this subsection (1).

     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:

 * * * From and after January 1, 2013, through December 31, 2013:

     Chief Judge of the Court of Appeals $117,992.00

     Associate Judges of the Court of Appeals, each 114,994.25

     From and after January 1, 2014, through December 31, 2014:

     Chief Judge of the Court of Appeals $127,854.00

     Associate Judges of the Court of Appeals, each 124,938.50

     From and after January 1, 2015, through December 31, 2015:

     Chief Judge of the Court of Appeals $137,716.00

     Associate Judges of the Court of Appeals, each 134,882.75

     From and after January 1, 2016:

     Chief Judge of the Court of Appeals $147,578.00

     Associate Judges of the Court of Appeals, each 144,827.00

Through December 31, 2022:

Chief Judge of the Court of Appeals.............. $161,500.00

Associate Judges of the Court of Appeals, each... 158,500.00

From and after January 1, 2023:

Chief Judge of the Court of Appeals.............. $169,349.00

Associate Judges of the Court of Appeals, each... 168,467.00

     From and after January 1, * * *2013 2023, each judge shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (2).

     The fixed salaries in this subsection (2) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45.  No less than One Hundred Eight Thousand One Hundred Thirty Dollars ($108,130.00) of the Chief Judge's salary in this subsection (2) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the Chief Judge's salary to the level set forth in this subsection (2).  No less than One Hundred Five Thousand Fifty Dollars ($105,050.00) of the salary of an associate judge in this subsection (2) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of an associate judge to the level set forth in this subsection (2).

     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:

 * * * From and after January 1, 2013, through December 31, 2013:

     Chancery Judges, each $112,127.50

     Circuit Judges, each 112,127.50

     From and after January 1, 2014, through December 31, 2014:

     Chancery Judges, each $120,085.00

     Circuit Judges, each 120,085.00

     From and after January 1, 2015, through December 31, 2015:

     Chancery Judges, each $128,042.50

     Circuit Judges, each 128,042.50

From and after January 1, 2016:

     Chancery Judges, each $136,000.00

     Circuit Judges, each 136,000.00

Through December 31, 2022:

Chancery Judges, each........................... $149,000.00

Circuit Judges, each............................ 149,000.00

From and after January 1, 2023:

Chancery Judges, each........................... $158,000.00

Circuit Judges, each............................ 158,000.00

     In addition to their present official duties, the circuit and chancery judges shall take necessary action to promote judicial education in schools, intervention courts, electronic filing and case management systems as developed by the Administrative Office of Courts, or such other additional duties as may be assigned by the Chief Justice of the Supreme Court.  For such extra services each judge, from and after January 1, * * *2013 2023, shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (3).

     The fixed salaries in this subsection (3) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45.  No less than One Hundred Four Thousand One Hundred Seventy Dollars ($104,170.00) of the salary of a chancery or circuit judge in this subsection (3) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of a chancery or circuit judge to the levels set forth in this subsection (3).

     (4)  From and after January 1, 2019, and every four (4) years thereafter, the annual salaries of the judges in subsections (1), (2) and (3) shall be fixed at the level of compensation recommended by the State Personnel Board according to the board's most recent report on judicial salaries, as required under Section 25-9-115, to the extent that sufficient funds are available.  The annual salaries fixed in accordance with this subsection (4) shall not become effective until the commencement of the next immediately succeeding term of office.

     (5)  The Supreme Court shall prepare a payroll for chancery judges and circuit judges and submit such payroll to the Department of Finance and Administration.

     (6)  The annual salary of the full-time district attorneys shall be:

 * * * From and after January 1, 2013, through December 31, 2013:

One Hundred Three Thousand Three Hundred Twenty‑two Dollars ($103,322.00).

From and after January 1, 2014, through December 31, 2014:

One Hundred Ten Thousand Eight Hundred Forty‑eight Dollars ($110,848.00).

From and after January 1, 2015, through December 31, 2015:

One Hundred Eighteen Thousand Three Hundred Seventy‑four Dollars ($118,374.00).

From and after January 1, 2016, through December 31, 2022:

     One Hundred Twenty-five Thousand Nine Hundred Dollars ($125,900.00).

From and after January 1, 2023:

One Hundred Thirty-four Thousand Four Hundred Dollars ($134,400.00).

     (7)  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.

     SECTION 2.  Section 25-31-39, Mississippi Code of 1972, is amended as follows:

     25-31-39.  * * *There shall be no part‑time district attorneys or part‑time legal assistants to district attorneys; however, any person not serving as a legal assistant to the district attorney who is appointed by the Governor to serve as district attorney to fill a vacancy occurring in such office until such office shall be filled by a special or regular election as provided by Sections 23‑15‑193, 23‑15‑833 and 23‑15‑843 shall be allowed to engage in the private practice of law while holding the office of district attorney pursuant to such appointment. To the extent the district attorney's office receives funds from any source, the district attorney may employ one or more part-time legal assistants who shall serve at the will and pleasure of the district attorney to assist in the performance of the duties of the district attorney.  A part-time legal assistant must not engage in the private practice of law, and must possess the qualifications and be subject to removal as provided in Section 25-31-6.  The term "any source" has the meaning ascribed in Section 25-31-5.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2022.

---