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AMENDMENT NO 1 PROPOSED TO

Senate Bill No. 2822

BY: Senator(s) Wiggins

     AMEND by inserting the following as a new section after line 19 and renumbering subsequent sections accordingly:

SECTION 1.  The following shall be codified as Section 9-21-21, Mississippi Code of 1972:

9-21-21.  (1)  The Administrative Office of Courts shall establish a Youth Court Chancellor Pilot Program which includes, but is not limited to, the following components:

          (a)  The office of youth court chancellor shall be created in each of the designated chancery districts which shall be separate and distinguishable from the other office or offices of chancellor for the district.

          (b)  The senior chancellor in each designated chancery district shall have the right to assign causes and dockets and to set terms in districts consisting of more than one (1) county except for causes and dockets in the youth court division.  All causes and dockets in the youth court division of each designated chancery district shall be assigned to the youth court chancellor who shall have the right to set terms in the youth court division of the district.

          (c)  The youth court chancellorship in each designated chancery district shall be separate and distinct and denominated for purposes of appointment and election as a separate "Place."  The chancellor to fill the Place for youth court chancellor may be a resident of any county in the district and shall be by election to be held in every county within the district.

          (d)  In the case of the youth court chancellor's temporary absence from the county or district, another chancellor within the designated chancery district may temporarily serve in the youth court division.  In the case of another chancellor's temporary absence from the county or district, the youth court chancellor may temporarily serve in the other chancellor's place.

          (e)  The youth court division of each designated chancery district shall encompass all counties within the district.

          (f)  The youth court division of each designated chancery district shall have exclusive jurisdiction over all youth court matters as set forth in Section 43-21-151.

          (g)  Sections 43-21-107, 43-21-111, 43-21-115, 43-21-119, and 43-21-123 shall not be applicable in a chancery district which is part of the pilot program.

          (h)  Each youth court chancellor shall receive an office operating allowance and may make application to the Administrative Office of Courts for additional personnel as set forth in Section 9-1-36.

          (i)  Each designated chancery district shall have one (1) intake officer who shall carry out the duties of the youth court intake unit set forth in Title 43, Chapter 21, for the entire youth court division of the district.  Each intake officer shall be hired by and be an employee of the Administrative Office of Courts.  Each intake officer shall be housed within an office of a chancery clerk within the chancery district.

          (j)  Each party in the youth court proceeding shall be represented by an attorney in accordance with Section 43-21-201.

     (2)  The following chancery districts shall be designated for participation in the pilot program and shall have one (1) youth court chancellor:

          (a)  The Second Chancery District;

          (b)  The Fourth Chancery District;

          (c)  The Fifth Chancery District;

          (d)  The Sixth Chancery District;

          (e)  The Seventh Chancery District;

          (f)  The Thirteenth Chancery District;

          (g)  The Fifteenth Chancery District;

          (h)  The Sixteenth Chancery District;

          (i)  The Twentieth Chancery District; and

          (j)  Any other chancery district within the state may request to be added to the pilot program upon full agreement by all counties within the district evidenced by a resolution spread upon the minutes of the board of supervisors by each county.  The Administrative Office of Courts shall file a report with the Legislature requesting the inclusion of the chancery district within the pilot program.

     (3)  The Administrative Office of Courts is authorized to utilize the Mississippi Youth Court Information Delivery System (MYCIDS) or any other case management and electronic filing system for purposes of the pilot program regardless of any other rule or law to the contrary.

     (4)  There is created in the State Treasury a special fund to be known as the Chancery Youth Court Division Fund.  The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state.  Monies in the fund shall be disbursed by the Administrative Office of Courts for the purpose of providing funding for the development and implementation of a chancery-based youth court pilot program as provided in this section.  Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into such fund.  Monies from the fund shall be distributed by the State Treasurer upon warrants issued by the Administrative Office of Courts.  Monies in the fund shall consist of:

          (a)  Monies appropriated by the Legislature;

          (b)  The interest accruing to the fund;

          (c)  Monies received from the federal government;

          (d)  Donations; and/or

          (e)  Monies received from such other sources as may be provided by law.

     (5)  The Administrative Office of Courts is authorized and directed to pay the following expenses from the fund:

          (a)  Compensation and expenses of each youth court chancellor the same as every other chancellor within the state;

          (b)  Office operating allowance and compensation of support staff of each youth court chancellor the same as every other chancellor within the state;

          (c)  Compensation of each intake officer; and

          (d)  A capital improvement for each designated chancery district to be used solely for the purpose of establishing the youth court division of the district.

     (6)  The initial youth court chancellor for each of the designated chancery districts shall be appointed by the Governor of Mississippi to serve a two-year term.

     (7)  Candidates for the youth court chancellorships created by this act shall run for those offices in a the judicial election of November 2026.  Candidates shall file the intent to be a candidate as provided by Section 23-15-977, and shall run for office and be elected as provided in Sections 23-15-974 through 23-15-985, which is the Nonpartisan Judicial Election Act.  The youth court chancellors shall be elected from each district.  The term for the chancellors elected shall be as is provided for chancellors generally.

FURTHER AMEND by striking the title and inserting the following in lieu thereof:

     AN ACT TO CREATE NEW SECTION 9-21-21, MISSISSIPPI CODE OF 1972, TO DIRECT THE ADMINISTRATIVE OFFICE OF COURTS TO ESTABLISH A YOUTH COURT CHANCELLOR PILOT PROGRAM IN CERTAIN CHANCERY COURT DISTRICTS; TO ENUMERATE THE COMPONENTS OF THE PROGRAM; TO DESIGNATE CERTAIN CHANCERY COURT DISTRICTS TO THE PILOT PROGRAM;  TO PROVIDE THAT EACH CHANCERY COURT DISTRICTS SHALL HAVE ONE YOUTH COURT CHANCELLORS; TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE KNOWN AS THE CHANCERY YOUTH COURT DIVISION FUND; TO AUTHORIZE THE ADMINISTRATIVE OFFICE COURTS TO MAKE CERTAIN EXPENDITURES FROM THE FUND; TO PROVIDE THAT THE INITIAL YOUTH COURT CHANCELLOR FOR EACH OF THE DESIGNATED CHANCERY DISTRICTS SHALL BE APPOINTED BY THE GOVERNOR TO SERVE A TWO-YEAR TERM; TO PROVIDE FOR THE ELECTION OF THE YOUTH COURT CHANCELLORS CREATED BY THIS ACT; TO BRING FORWARD SECTIONS 9-21-1, 9-21-3, 9-21-5, 9-21-7, 9-21-9, 9-21-11, 9-21-13, 9-21-14, 9-21-15, 9-21-17, AND 9-21-19, MISSISSIPPI CODE OF 1972, WHICH ARE PROVISIONS RELATED TO THE ADMINISTRATIVE OFFICE OF COURTS, FOR THE PURPOSE OF POSSIBLE AMENDMENT;

     FURTHER AMEND the title to conform.