MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Judiciary A; Appropriations A

By: Representative Yates

House Bill 1224

AN ACT TO AMEND SECTION 9-17-1, MISSISSIPPI CODE OF 1972, TO REVISE THE MANNER IN WHICH THE CIRCUIT JUDGES, CHANCELLORS AND COUNTY COURT JUDGES MAY ESTABLISH THE OFFICE OF COURT ADMINISTRATOR; TO REQUIRE THE ADMINISTRATIVE OFFICE OF COURTS TO DETERMINE IF A PROSPECTIVE COURT ADMINISTRATOR MEETS THE MINIMUM REQUIREMENTS BEFORE THE PERSON IS HIRED; TO AMEND SECTION 9-1-36, MISSISSIPPI CODE OF 1972, TO REQUIRE CIRCUIT JUDGES AND CHANCELLORS DESIRING TO EMPLOY SUPPORT STAFF TO HAVE CANDIDATES APPROVED BY THE ADMINISTRATIVE OFFICE OF COURTS BEFORE FILLING POSITIONS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 9-17-1, Mississippi Code of 1972, is amended as follows:

     9-17-1.  (1)  * * *The judges and chancellors of judicial districts, including chancery, circuit and county courts, If a circuit or chancery district contains more than one (1) judge or chancellor, the judges or chancellors may * * *, in their discretion, jointly or independently, establish jointly the office of court administrator * * *in any county by for that judicial district with an order entered on the minutes of each * * *participating court in * * *the county that judicial district.

     The establishment of the office of court administrator shall be accomplished by vote of a majority of the participating judges * * *and or chancellors in the * * *county district, and such court administrator shall be appointed by vote of a majority of the judges or chancellors and may be removed by a majority vote of the judges or chancellors.  In case of a tie vote, the senior judge or senior chancellor shall cast two (2) votes.

     (2)  As an alternative to subsection (1), in a circuit or chancery district containing more than one (1) judge or chancellor, a judge or chancellor independently may establish the office of court administrator for that judge's or chancellor's office with an order entered on the minutes of each court in that judicial district appointing the court administrator to serve at the will and pleasure of the hiring judge or chancellor.

(3)  In a county court where there is more than one (1) county judge, the county judges may establish jointly the office of court administrator for that county court with an order entered on the minutes of that court.

The establishment of the office of court administrator shall be accomplished by vote of a majority of the county judges in the county, and the court administrator shall be appointed by a vote of a majority of the county judges and may be removed by a majority vote of the county judges.  In the case of a tie vote, the senior county judge shall cast two (2) votes.

(4)  In a county court with one (1) county judge, the office of court administrator shall be established with an order entered on the minutes of that court.  The appointment of the court administrator shall be accomplished with an order entered on the minutes of the court stating that the court administrator serves at the will and pleasure of the county judge.

(5)  Before a court administrator appointed under this section may be hired, the Administrative Office of Courts will evaluate the chosen applicant to determine if the applicant meets the minimum requirements of the position of court administrator.

(6)  The court administrators shall be provided office space in the same manner as such is afforded the circuit judges * * * and, chancellors and county judges.

     ( * * *37)  The annual salary of * * *each the court administrator appointed pursuant to * * *this section subsection (1) shall be set by vote of the circuit judges * * *and or chancellors of * * *each participating county the district and shall be submitted to the Administrative Office of Courts for approval pursuant to Section 9-1-36.  The salary shall be paid in twelve (12) installments on the last working day of the month by the Administrative Office of Courts after it has been authorized by the participating judges and chancellors and an order has been duly placed on the minutes of each participating court.

     Any county within a judicial district having a court administrator shall transfer to the Administrative Office of Courts one-twelfth (1/12) of its pro rata cost of authorized compensation, as defined in Section 9-1-36, for the court administrator by the twentieth day of each month for the compensation that is to be paid on the last day of that month.  The board of supervisors may transfer the pro rata cost of the county from the funds of that county pursuant to Section 9-17-5(2)(b).

     ( * * *48)  The annual salary of each court administrator appointed pursuant to subsection (2) shall be set by the appointing circuit judge or chancellor and shall be submitted to the Administrative Office of Courts for approval pursuant to Section 9-1-36.  The salary shall be paid in twelve (12) installments on the last working day of the month by the Administrative Office of Courts after it has been authorized by the appointing judge or chancellor and an order has been duly placed on the minutes of the participating court.  A county within a judicial district have a court administrator shall transfer to the Administrative Office of Courts one-twelfth (1/12) of its pro rata cost of authorized compensation, as defined in Section 9-1-36, for the court administrator by the twentieth day of each month for the compensation that is to be paid on the last day of that month.   The board of supervisors may transfer the pro rata cost of the county from the funds of that county pursuant to Section 9-17-5(2)(b).

(9)  The annual salary of the court administrator appointed to subsection (3) shall be set by a vote of the county judges of the county and shall be paid by the county's board of supervisors.

(10)  The annual salary of the court administrator appointed pursuant to subsection (4) shall be set by the county judge of the county and shall be paid by that county's board of supervisors.

(11)  For all travel required in the performance of official duties, the court administrator 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, Mississippi Code of 1972.  The court administrator shall file a certificate of mileage expense incurred during that term with the board of supervisors of each participating county and payment of such expense shall be paid proportionately out of the court administration fund established pursuant to Section 9-17-5.

     SECTION 2.  Section 9-1-36, Mississippi Code of 1972, is amended as follows:

     9-1-36.  (1)  Each circuit judge and chancellor shall receive an office operating allowance for the expenses of operating the office of the judge, including retaining a law clerk, legal research, stenographic help, stationery, stamps, furniture, office equipment, telephone, office rent and other items and expenditures necessary and incident to maintaining the office of judge.  The allowance shall be paid only to the extent of actual expenses incurred by the judge as itemized and certified by the judge to the Supreme Court in the amounts set forth in this subsection; however, the judge may expend sums in excess thereof from the compensation otherwise provided for his office.

 From and after July 1, 2023, the office operating allowance under this subsection shall be Fifteen Thousand Dollars ($15,000.00) per annum.

     (2)  In addition to the amounts provided for in subsection (1), there is created a separate office allowance fund for the purpose of providing support staff to judges.  This fund shall be managed by the Administrative Office of Courts. 

     (3)  Each judge who desires to employ support staff * * *after July 1, 1994, shall make application to the Administrative Office of Courts by submitting to the Administrative Office of Courts a proposed personnel plan setting forth what support staff is deemed necessary.  The plan may be submitted by a single judge or by any combination of judges desiring to share support staff.  In the process of the preparation of the plan, the judges, at their request, may receive advice, suggestions, recommendations and other assistance from the Administrative Office of Courts.  The must have each candidate approved by the Administrative Office of Courts * * *must approve the positions, job descriptions and salaries before the positions may be filled.  The Administrative Office of Courts shall not approve any * * *plan hire which does not first require the expenditure of the funds in the support staff fund for compensation of any of the support staff before expenditure is authorized of county funds for that purpose.  Upon approval by the Administrative Office of Courts, the judge or judges may appoint the employees to the position or positions, and each employee so appointed will work at the will and pleasure of the judge or judges who appointed him but will be employees of the Administrative Office of Courts.  Upon approval by the Administrative Office of Courts, the appointment of any support staff shall be evidenced by the entry of an order on the minutes of the court.  When support staff is appointed jointly by two (2) or more judges, the order setting forth any appointment shall be entered on the minutes of each participating court.

     (4)  * * *The Administrative Office of Courts shall develop and promulgate minimum qualifications for the certification of court administrators.  Any court administrator appointed on or after October 1, 1996, shall be required to be certified by the Administrative Office of Courts.

(5)  Support staff shall receive compensation pursuant to personnel policies established by the Administrative Office of Courts * * * in an.  Each judge shall be allotted the amount of One Hundred Thousand Dollars ($100,000.00) per fiscal year * * *per judge for * * *whom all support staff * * *is approved * * *for the funding of support staff assigned to a judge or judges by the Administrative Office of Courts.

     The Administrative Office of Courts may approve expenditures from the fund for additional equipment for support staff appointed pursuant to this section in any year in which the allocation per judge is sufficient to meet the equipment expense after provision for the compensation of the support staff.

     ( * * *65)  For the purposes of this section, the following terms have the meaning ascribed in this subsection unless the context clearly requires otherwise:

          (a)  "Judges" means circuit judges and chancellors, or any combination thereof.

          (b)  "Support staff" means court administrators, law clerks, legal research assistants or secretaries, or any combination thereof, but shall not mean school attendance officers.

          (c)  "Compensation" means the gross salary plus all amounts paid for benefits or otherwise as a result of employment or as required by employment; however, only salary earned for services rendered shall be reported and credited for Public Employees' Retirement System purposes.  Amounts paid for benefits or otherwise, including reimbursement for travel expenses, shall not be reported or credited for retirement purposes.

          (d)  "Law clerk" means a clerk hired to assist a judge or judges who has a law degree or who is a full-time law student who is making satisfactory progress at an accredited law school.

     ( * * *76)  Title to all tangible property, excepting stamps, stationery and minor expendable office supplies, procured with funds authorized by this section, shall be and forever remain in the State of Mississippi to be used by the circuit judge or chancellor during the term of his office and thereafter by his successors.

     ( * * *87)  Any circuit judge or chancellor who did not have a primary office provided by the county on March 1, 1988, shall be allowed an additional Seven Thousand Dollars ($7,000.00) per annum to defray the actual expenses incurred by the judge or chancellor in maintaining an office; however, any circuit judge or chancellor who had a primary office provided by the county on March 1, 1988, and who vacated the office space after that date for a legitimate reason, as determined by the Department of Finance and Administration, shall be allowed the additional office expense allowance provided under this subsection.  The county in which a circuit judge or chancellor sits is authorized to provide funds from any available source to assist in defraying the actual expenses to maintain an office.

     ( * * *98)  The Supreme Court, through the Administrative Office of Courts, shall submit to the Department of Finance and Administration the itemized and certified expenses for office operating allowances that are directed to the court pursuant to this section.

     ( * * *109)  The Supreme Court, through the Administrative Office of Courts, shall have the power to adopt rules and regulations regarding the administration of the office operating allowance authorized pursuant to this section.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2024.

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