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; 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. This act shall take effect and be in force from and after July 1, 2025.