MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary A; Appropriations A
By: Representatives Hood, Horan
AN ACT TO AMEND SECTION 9-1-36, MISSISSIPPI CODE OF 1972, TO REVISE HOW CIRCUIT AND CHANCERY JUDGES MAY USE THEIR OFFICE EXPENSE ALLOWANCES; TO BRING FORWARD SECTIONS 25-7-9 AND 25-7-13, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE COMPREHENSIVE ELECTRONIC COURT SYSTEMS FUND, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 the judge
finds to be necessary and incident to maintaining the office of the
judge * * *.
This may include expenses to travel out of state once per state fiscal year
for continuing legal education classes and or seminars if approved by the Chief
Justice. In addition to the once per fiscal year out of state travel for
continuing legal education classes and or seminars, the allowance may be used
for out of state travel to the Mississippi Bar Convention if no other funds are
available. 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.
* * * The office
operating allowance under this subsection shall be Fifteen Thousand Dollars
($15,000.00) per annum. Any circuit judge or chancellor who does not have
suitable primary office space provided by the county in which he or she
resides, is 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. Whether primary office space offered by a county is
suitable for the needs of the circuit judge or chancellor to whom it is
offered, is left to the sound discretion of the circuit judge or chancellor.
Any county in which a circuit judge or chancellor to whom it is offered, is
left to the sound discretion of the circuit judge or chancellor. Any 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.
(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 must have each candidate approved by the Administrative Office of Courts before the positions may be filled. The Administrative Office of Courts shall not approve any 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) Support staff shall receive compensation pursuant to personnel policies established by the Administrative Office of Courts, provided however, that the salary range for any staff member that is authorized to practice law in the State of Mississippi shall be the same as provided for in Section 25-3-35(7) for assistant district attorneys. Each judge shall be allotted the amount of One Hundred Thirty Thousand Dollars ($130,000.00) per fiscal year for all support staff approved 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.
(5) 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.
(6) 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.
* * *
( * * *7) 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.
( * * *8) The Supreme Court, through the
Administrative Office of Courts, * * * may adopt advisory
rules and regulations to assist the circuit judges and chancellors
regarding the administration of the office operating allowance authorized
pursuant to this section. However, the circuit and chancery court judges
shall determine the needs of their respective offices and how the office
operating allowances provided to them are to be expended.
(9) Any office allowance funds provided for in subsection (1) that are not spent in the budget year in which they were appropriated shall carryover and be available for use in the succeeding or succeeding budget years.
SECTION 2. Section 25-7-9, Mississippi Code of 1972, is brought forward as follows:
[From and after January 1, 2024, and through December 31, 2027, this section shall read as follows:]
25-7-9. (1) The clerks of the chancery courts shall charge the following fees:
(a) For the act of certifying copies of filed documents, for each complete document................................ $ 1.00
(b) (i) Recording each deed, will, lease, amendment, subordination, lien, release, cancellation, order, decree, oath, etc., per book and page listed where applicable, each deed of trust, or any other document, for the first five (5)
pages................................................ $ 25.00
(ii) Each additional page.............. $ 1.00
(c) (i) Recording oil and gas leases, cancellations, etc., including indexing in general indices; for the first five
(5) pages............................................ $ 25.00
(ii) Recording each oil and gas assignment, amendment of assignment, release, etc., first five (5)
pages................................................ $ 25.00
per additional assignee............................... $ 18.00
(iii) Each additional page............. $ 1.00
(iv) Sectional index entries per section or subdivision lot.................................................. $ 1.00
(v) Archive fee....................... $ 1.00
(vi) Entering marginal notations, if requested on document or by cover letter, pertaining to the recording of any oil and gas document only per book and page................... $ 4.00
(d) (i) Furnishing copies of any papers of record or on file:
If performed by the clerk or his employee,
per page............................................. $ .50
If performed by any other person,
per page............................................. $ .25
(ii) Entering marginal notations on
documents of record................................... $ 1.00
(e) For attending the board of supervisors' meeting, an annual sum not exceeding..................................... $ 2,500.00
(f) For other services as clerk of the board of supervisors an allowance shall be made to him (payable semiannually at the July and January meetings) out of the county treasury, an annual sum not exceeding..................................................... $ 5,500.00
(g) For each day's attendance on the chancery court, to be approved by the chancellor:
For the first chancellor sitting only, clerk and two (2) deputies, each..................................................... $ 85.00
For the second chancellor sitting, clerk only.......... $ 85.00
Provided that the fees herein prescribed shall be the total remuneration for the clerk and his deputies for attending chancery court.
(h) On order of the court, clerks and not more than two (2) deputies may be allowed five (5) extra days for each term of court for attendance upon the court to get up records.
(i) For public service not otherwise specifically provided for, the chancery court may by order allow the clerk to be paid by the county on the order of the board of supervisors, an annual sum not exceeding............................................ $ 5,000.00
(j) For each civil filing, to be deposited into the Civil Legal Assistance Fund................................. $ 5.00
The chancery clerk shall itemize on the original document a detailed fee bill of all charges due or paid for filing, recording and abstracting same. No person shall be required to pay such fees until same have been so itemized, but those fees may be demanded before the document is recorded.
(2) The following fee shall be a total fee for all services performed by the clerk with respect to any civil case filed that includes, but is not limited to, divorce, alteration of birth or marriage certificate, removal of minority, guardianship or conservatorship, estate of deceased, adoption that does not involve the Department of Child Protection Services, land dispute injunction, settlement of small claim, contempt, modification, partition suit, or commitment, which shall be payable upon filing and shall accrue to the chancery clerk at the time of filing. The clerk or his successor in office shall perform all duties set forth without additional compensation or fee $ 85.00
(3) For every civil case filed:
(a) An additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14 $ 10.00
(b) An additional fee to be deposited to the
credit of the Judicial System Operation Fund established in
Section 9-21-45....................................... $ 40.00
(4) Cost of process shall be borne by the issuing party. Additionally, should the attorney or person filing the pleadings desire the clerk to pay the cost to the sheriff for serving process on one (1) person or more, or to pay the cost of publication, the clerk shall demand the actual charges therefor, at the time of filing.
(5) For each civil case filed including an adoption involving the Department of Child Protection Services, the filing shall be exempt from any fee under this section.
[From and after January 1, 2028, this section shall read as follows:]
25-7-9. (1) The clerks of the chancery courts shall charge the following fees:
(a) For the act of certifying copies of filed documents, for each complete document................................ $ 1.00
(b) (i) Recording each deed, will, lease, amendment, subordination, lien, release, cancellation, order, decree, oath, etc., per book and page listed where applicable, each deed of trust, or any other document, for the first five (5)
pages................................................ $ 25.00
(ii) Each additional page.............. $ 1.00
(c) (i) Recording oil and gas leases, cancellations, etc., including indexing in general indices; for the first five (5) pages $ 25.00
(ii) Recording each oil and gas assignment, amendment of assignment, release, etc., first five (5)
pages................................................ $ 25.00
per additional assignee............................... $ 18.00
(iii) Each additional page............. $ 1.00
(iv) Sectional index entries per section or subdivision lot.................................................. $ 1.00
(v) Archive fee....................... $ 1.00
(vi) Entering marginal notations, if requested on document or by cover letter, pertaining to the recording of any oil and gas document only per book and page................... $ 4.00
(d) (i) Furnishing copies of any papers of record or on file:
If performed by the clerk or his employee,
per page............................................. $ .50
If performed by any other person,
per page............................................. $ .25
(ii) Entering marginal notations on
documents of record................................... $ 1.00
(e) For attending the board of supervisors' meeting an annual sum not exceeding..................................... $ 5,000.00
(f) For other services as clerk of the board of supervisors an allowance shall be made to him (payable semiannually at the July and January meetings) out of the county treasury, an annual sum not exceeding..................................................... $10,000.00
(g) For each day's attendance on the chancery court, to be approved by the chancellor:
For the first chancellor sitting only, clerk and two (2) deputies, each..................................................... $ 85.00
For the second chancellor sitting, clerk only.......... $ 85.00
Provided that the fees herein prescribed shall be the total remuneration for the clerk and his deputies for attending chancery court.
(h) On order of the court, clerks and not more than two (2) deputies may be allowed five (5) extra days for each term of court for attendance upon the court to get up records.
(i) For public service not otherwise specifically provided for, the chancery court may by order allow the clerk to be paid by the county on the order of the board of supervisors, an annual sum not exceeding............................................ $ 5,000.00
(j) For each civil filing, to be deposited into the Civil Legal Assistance Fund................................. $ 5.00
The chancery clerk shall itemize on the original document a detailed fee bill of all charges due or paid for filing, recording and abstracting same. No person shall be required to pay such fees until same have been so itemized, but those fees may be demanded before the document is recorded.
(2) The following fee shall be a total fee for all services performed by the clerk with respect to any civil case filed that includes, but is not limited to, divorce, alteration of birth or marriage certificate, removal of minority, guardianship or conservatorship, estate of deceased, adoption that does not involve the Department of Child Protection Services, land dispute injunction, settlement of small claim, contempt, modification, partition suit, or commitment, which shall be payable upon filing and shall accrue to the chancery clerk at the time of filing. The clerk or his successor in office shall perform all duties set forth without additional compensation or fee....... $ 85.00
(3) For every civil case filed:
(a) An additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14................................................... $ 10.00
(b) An additional fee to be deposited to the
credit of the Judicial System Operation Fund established in
Section 9-21-45....................................... $ 40.00
(4) Cost of process shall be borne by the issuing party. Additionally, should the attorney or person filing the pleadings desire the clerk to pay the cost to the sheriff for serving process on one (1) person or more, or to pay the cost of publication, the clerk shall demand the actual charges therefor, at the time of filing.
(5) For each civil case filed including an adoption involving the Department of Child Protection Services, the filing shall be exempt from any fee under this section.
SECTION 3. Section 25-7-13, Mississippi Code of 1972, is brought forward as follows:
25-7-13. (1) The clerks of the circuit court shall charge the following fees:
(a) Docketing, filing, marking and registering each complaint, petition and indictment................................ $ 85.00
The fee set forth in this paragraph shall be the total fee for all services performed by the clerk up to and including entry of judgment with respect to each complaint, petition or indictment, including all answers, claims, orders, continuances and other papers filed therein, issuing each writ, summons, subpoena or other such instruments, swearing witnesses, taking and recording bonds and pleas, and recording judgments, orders, fiats and certificates; the fee shall be payable upon filing and shall accrue to the clerk at the time of collection. The clerk or his successor in office shall perform all duties set forth above without additional compensation or fee.
(b) Docketing and filing each motion to renew judgment, notice of renewal of judgment, suggestion for a writ of garnishment, suggestion for a writ of execution and judgment debtor actions and issuing all process, filing and recording orders or other papers and swearing witnesses............................................. $ 35.00
(c) For every civil case filed, an additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14.................... $ 10.00
(d) For every civil case filed, an additional fee to be deposited to the credit of the Judicial System Operation Fund established in Section 9-21-45..................................... $ 40.00
(2) Except as provided in subsection (1) of this section, the clerks of the circuit court shall charge the following fees:
(a) Filing and marking each order or other paper and recording and indexing same...................................... $ 2.00
(b) Issuing each writ, summons, subpoena, citation, capias and other such instruments................................. $ 1.00
(c) Administering an oath and taking bond.... $ 2.00
(d) Certifying copies of filed documents, for each complete document.............................................. $ 1.00
(e) Recording orders, fiats, licenses, certificates, oaths and bonds:
First page............................................ $ 2.00
Each additional page................................... $ 1.00
(f) Furnishing copies of any papers of record or on file and entering marginal notations on documents of record:
If performed by the clerk or his employee, per page
...................................................... $ 1.00
If performed by any other person, per page.... $ .25
(g) Judgment roll entry..................... $ 5.00
(h) Taxing cost and certificate.............. $ 1.00
(i) For taking and recording application for marriage license, for filing and recording consent of parents when required by law, for filing and recording medical certificate, filing and recording proof of age, recording and issuing license, recording and filing returns $ 35.00
The clerk shall deposit Fourteen Dollars ($14.00) of each fee collected for a marriage license in the Victims of Domestic Violence Fund established in Section 93-21-117, on a monthly basis.
(j) For certified copy of marriage license and search of record, the same fee charged by the Bureau of Vital Statistics of the State Board of Health.
(k) For public service not particularly provided for, the circuit court may allow the clerk, per annum, to be paid by the county on presentation of the circuit court's order, the following amount $5,000.00
However, in the counties having two (2) judicial districts, such above allowance shall be made for each judicial district.
(l) For drawing jurors and issuing venire, to be paid by the county................................................ $ 5.00
(m) For each day's attendance upon the circuit court term, for himself and necessary deputies allowed by the court, each to be paid by the county............................................ $ 75.00
(n) Summons, each juror to be paid by the county upon the allowance of the court................................. $ 1.00
(o) For issuing each grand jury subpoena, to be paid by the county on allowance by the court, not to exceed Twenty-five Dollars ($25.00) in any one (1) term of court...........................
...................................................... $ 1.00
(p) For each civil filing, to be deposited into the Civil Legal Assistance Fund.................................. $ 5.00
(3) On order of the court, clerks and deputies may be allowed five (5) extra days for attendance upon the court to get up records.
(4) The clerk's fees in state cases where the state fails in the prosecution, or in cases of felony where the defendant is convicted and the cost cannot be made out of his estate, in an amount not to exceed Four Hundred Dollars ($400.00) in one (1) year, shall be paid out of the county treasury on approval of the circuit court, and the allowance thereof by the board of supervisors of the county. In counties having two (2) judicial districts, such allowance shall be made in each judicial district; however, the maximum thereof shall not exceed Eight Hundred Dollars ($800.00). Clerks in the circuit court, in cases where appeals are taken in criminal cases and no appeal bond is filed, shall be allowed by the board of supervisors of the county after approval of their accounts by the circuit court, in addition to the above fees, for making such transcript the rate of Two Dollars ($2.00) per page.
(5) The clerk of the circuit court may retain as his commission on all money coming into his hands, by law or order of the court, a sum to be fixed by the court not exceeding one-half of one percent (1/2 of 1%) on all such sums.
(6) For making final records required by law, including, but not limited to, circuit and county court minutes, and furnishing transcripts of records, the circuit clerk shall charge Two Dollars ($2.00) per page. The same fees shall be allowed to all officers for making and certifying copies of records or papers which they are authorized to copy and certify.
(7) The circuit clerk shall prepare an itemized statement of fees for services performed, cost incurred, or for furnishing copies of any papers of record or on file, and shall submit the statement to the parties or, if represented, to their attorneys within sixty (60) days. A bill for same shall accompany the statement.
SECTION 4. This act shall take effect and be in force from and after July 1, 2025.