MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary, Division A; Appropriations
By: Senator(s) Wiggins
AN ACT TO AMEND SECTION 25-31-5, MISSISSIPPI CODE OF 1972, TO INCREASE THE NUMBER OF ASSISTANT DISTRICT ATTORNEYS IN CERTAIN CIRCUIT COURT DISTRICTS; TO AMEND SECTION 25-31-10, MISSISSIPPI CODE OF 1972, TO INCREASE THE NUMBER OF CRIMINAL INVESTIGATORS AUTHORIZED TO BE APPOINTED IN CERTAIN CIRCUIT COURT DISTRICTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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............... * * * eleven (11) legal
assistants.
(b) Second Circuit
Court District............... * * * twelve (12) legal assistants.
(c) Third Circuit
Court District............... * * * seven (7) legal assistants.
(d) Fourth Circuit
Court District............... * * * eight (8) legal assistants.
(e) Fifth Circuit
Court District............... * * * seven (7) legal assistants.
(f) Sixth Circuit
Court District............... * * * three (3) legal assistants.
(g) Seventh Circuit
Court District............... * * * fourteen (14) legal
assistants.
(h) Eighth Circuit
Court District............... * * * four (4) legal assistants.
(i) Ninth Circuit
Court District............... * * * four (4) legal assistants.
(j) Tenth Circuit Court
District............... * * * four (4) six (6) legal assistants.
(k) Eleventh Circuit
Court District.............. * * * seven (7) legal assistants.
(l) Twelfth Circuit
Court District............... * * * seven (7) legal assistants.
(m) Thirteenth Circuit Court District..............four (4) legal assistants.
(n) Fourteenth Circuit
Court District............ * * * seven (7) legal assistants.
(o) Fifteenth Circuit
Court District............. * * * eight (8) legal assistants.
(p) Sixteenth Circuit
Court District............. * * * seven (7) legal assistants.
(q) Seventeenth
Circuit Court District........... * * * four (4) legal assistants.
(r) Eighteenth Circuit
Court District............ * * * three (3) legal assistants.
(s) Nineteenth Circuit Court District............ * * *
eight (8) legal assistants.
(t) Twentieth Circuit Court District............. * * *
twelve (12) legal assistants.
(u) Twenty-first Circuit Court District.......... * * *
four (4) legal assistants.
(v) Twenty-second
Circuit Court District......... * * * four (4) legal assistants.
(w) Twenty-third
Circuit Court District.......... * * * seven (7) 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) three (3) 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 board of supervisors of a county with a population of twenty-four thousand three hundred fifty (24,350) people according to the 2020 Decennial Census shall pay the salary, supplemental pay, expenses and fringe benefits of one (1) legal assistant authorized in the circuit court district to which such county belongs pursuant to this section.
( * * *5) 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 the 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.
( * * *6) 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 2. 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 * * *
Fifth, Sixth, Ninth, Tenth, Eleventh, Twelfth, * * * Fourteenth, Fifteenth, Sixteenth, Seventeenth,
Eighteenth, Twentieth, Twenty-first, Twenty-second 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, * * * Third, Thirteenth
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) The district attorneys of the Fourth and Seventh Circuit Court Districts may appoint three (3) additional full-time criminal investigators for a total of four (4) full-time criminal investigators.
( * * *5) No district attorney or assistant district
attorney shall accept any private employment, civil or criminal, in any matter investigated
by such criminal investigators.
( * * *6) The full and complete compensation for
all public duties rendered by the criminal investigators shall be not more than
Sixty-three Thousand Dollars ($63,000.00) 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.
( * * *7) 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. 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.
( * * *8) The district attorney shall be authorized
to assign the duties of criminal investigators regardless of the source of funding
for such criminal investigators.
SECTION 3. This act shall take effect and be in force from and after January 1, 2024.