MISSISSIPPI LEGISLATURE
1999 Regular Session
To: Judiciary A; Appropriations
By: Representative Perry
AN ACT TO ESTABLISH A MISSISSIPPI JUDICIAL COMPENSATION COMMISSION; TO PROVIDE FOR APPOINTMENT OF MEMBERS TO THE COMMISSION; TO PROVIDE FOR TERMS OF OFFICE; TO PROVIDE FOR FILLING VACANCIES; TO PROHIBIT MEMBERS OF THE COMMISSION FROM ENGAGING IN PUBLIC SERVICE; TO PROVIDE FOR THE DESIGNATION OF A CHAIRPERSON; TO PROVIDE FOR MEETINGS; TO PROVIDE THAT THE COMMISSION SHALL BE UNDER THE ADMINISTRATIVE OFFICE OF COURTS FOR ADMINISTRATIVE AND STAFFING PURPOSES; TO PROVIDE FOR REIMBURSEMENT OF EXPENSES; TO PROVIDE THAT MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION; TO REQUIRE REPORTS AND RECOMMENDATIONS; TO PRESCRIBE CRITERIA FOR RECOMMENDATIONS; TO PROVIDE FOR THE BINDING NATURE OF SUCH REPORTS; TO AMEND SECTION 25-3-35, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Establishment of commission.
A Mississippi Judicial Compensation Commission is hereby created that shall establish, subject to the veto power of the Legislature, the compensation, excluding benefits, to be paid from the State Treasury and other sources for all justices and judges of this state, including retired justices and judges sitting on assignment, but excluding county court judges, family court judges and justice court judges.
SECTION 2. Appointment of members.
(1) The Mississippi Judicial Compensation Commission shall consist of nine (9) members selected from among the registered voters of this state as follows:
(a) The Governor shall appoint one (1) member, who is not actively practicing law in the State of Mississippi;
(b) The Lieutenant Governor shall appoint one (1) member, who is not actively practicing law in the State of Mississippi;
(c) The Speaker of the House of Representatives shall appoint one (1) member, who is not actively practicing law in the State of Mississippi;
(d) The Chief Justice of the Supreme Court of Mississippi shall appoint one (1) member, who is not actively practicing law in the State of Mississippi;
(e) The Attorney General of the State of Mississippi shall appoint one (1) member, who is not actively practicing law in the State of Mississippi;
(f) The Mississippi Bar shall appoint one (1) member;
(g) The Magnolia Bar Association shall appoint one (1) member;
(h) The Dean of the University of Mississippi School of Law or his designee shall be a member of the commission; and
(i) The Dean of the Mississippi College School of Law or his designee shall be a member of the commission.
(2) In the case of members appointed by the officials designated in paragraphs (a), (b), (c), (d) and (e) above, the official with the power to appoint a member shall be the person in office on the day of commencement of the member's term.
(3) The Mississippi Bar shall appoint its member by such procedure as may to it appear appropriate.
(4) The Magnolia Bar Association shall appoint its member by such procedure as may to it appear appropriate.
(5) The Deans of the University of Mississippi School of Law and the Mississippi College School of Law shall be permanent members of the commission, provided that each dean may designate a person to serve in his stead, subject to revocation of the will and pleasure of the dean.
SECTION 3. Terms of office.
As soon as is reasonably practicable after the effective date of this act, the initial members of the commission shall be appointed. The initial members of the commission appointed by the Lieutenant Governor, the Speaker of the House and The Mississippi Bar shall serve until December 31, 2000. The initial members of the commission appointed by the Chief Justice of the Supreme Court and by the Attorney General shall serve until December 31, 2002. The initial members of the commission appointed by the Governor and the Magnolia Bar Association shall serve until December 31, 2004. Thereafter, members of the Judicial Compensation Commission shall serve for terms of six (6) years, beginning January 1, 2001, for members appointed by the Lieutenant Governor, the Speaker of the House and The Mississippi Bar; beginning January 1, 2003, for members appointed by the Chief Justice of the Supreme Court and by the Attorney General; and beginning January 1, 2005, for members appointed by the Governor and by the Magnolia Bar Association. Members appointed as provided in paragraphs (a), (b), (c), (d), (e), (f) and (g) of Section 2 of this act shall be limited to two (2) consecutive terms.
SECTION 4. Vacancies.
Any vacancy on the Judicial Compensation Commission shall be filled promptly for the remainder of the term in the same manner in which such position was originally filled under Section 2 of this act. In the event that a vacancy remains unfilled for more than ninety (90) days, a temporary member of the Judicial Compensation Commission shall be appointed by a majority vote of the remaining commission members to serve with full powers of a commission member. Such a temporary member of the commission shall serve until such time as the vacancy is filled by the public official, bar association or dean with the power to appoint the member under Section 2 of this act and this section.
SECTION 5. Prohibition on public service.
No member of the Judicial Compensation Commission shall hold any other public office, nor shall any member be the employee or member of any state department, agency, board or commission during such member's tenure on the Judicial Compensation Commission. A violation of this section by any member of the commission shall result in immediate constructive resignation, and the resulting vacancy shall be filled according to Section 4 of this act. The position of dean or member of the faculty of the University of Mississippi School of Law is not a public office.
SECTION 6. Designation of chairperson.
The members of the Judicial Compensation Commission shall, by majority vote, designate a chairperson from among their number who shall serve for two (2) years from the date of election or until his or her successor is designated by majority vote and assumes the responsibilities.
SECTION 7. Meeting, quorum, concurrence.
The Judicial Compensation Commission shall meet, either in person or by teleconference, on the call of the chairperson or on the request of at least three (3) members. The presence of at least five (5) members shall be required to conduct a meeting. The concurrence of at least five (5) members shall be required for any formal action taken by the Judicial Compensation Commission.
SECTION 8. Administration under Administrative Office of Courts.
For administrative and staffing purposes only, the Judicial Compensation Commission shall be attached to the Administrative Office of Courts, Section 9-21-1 et seq., Mississippi Code of 1972. The Judicial Compensation Commission shall be entitled to request and receive and shall utilize such staff support, meeting facilities, temporary work facilities, including computer, telephone, reproduction and facsimile equipment, available data, and other resources of the Administrative Office of Courts as it reasonably deems necessary to carry out properly its powers and duties hereunder. No reasonable request for such staff support and resources, as provided in this section, shall be denied by the administrative director. The Administrative Office of Courts shall take into account such staffing requirements, resource requirements and reimbursement expenditures under Section 9 of this act when formulating its own budget requirements for the fiscal year.
SECTION 9. Reimbursement.
Members of the commission shall receive a per diem as provided in Section 25-3-69 for actual attendance upon meetings of the commission, together with reimbursement for traveling and subsistence expenses incurred as provided in Section 25-3-41, Mississippi Code of 1972.
SECTION 10. No compensation.
Except as provided in Section 9 of this act, the members of the Judicial Compensation Commission shall receive no compensation for their services.
SECTION 11. No special appropriation.
Because the Judicial Compensation Commission shall use the resources of the Administrative Office of Courts, it shall not be necessary for the Legislature separately to appropriate any funds for the establishment of and expenses of the Judicial Compensation Commission.
SECTION 12. Biennial report required.
Not later than November 1 of each even-numbered year, beginning with the year 2000, the Judicial Compensation Commission shall make its biennial report to the Legislature. The report shall include findings, conclusions and recommendations as to the proper compensation, excluding benefits, to be paid from the State Treasury and other sources for all justices and judges of this state, including retired justices and judges sitting on assignment, but excluding county court judges, family court judges and justice court judges. The report shall also include such legislative proposals as the Judicial Compensation Commission deems necessary to implement these recommendations.
SECTION 13. Directive of commission.
The Judicial Compensation Commission shall conduct its study and make its recommendations with respect to judicial compensation in this state to the end that the judicial compensation structure shall be adequate to assure that the most highly qualified individuals in this state, selected from a diversity of life and professional experiences, will be attracted to the state judiciary and will be able to serve and to continue to serve without unreasonable economic hardship and with a level of judicial independence unaffected by financial concerns, all to the end that the judiciary in this state shall enjoy the highest level of public confidence.
SECTION 14. Criteria for recommendations.
In order to carry out its responsibilities under Section 12 of this act to make findings, conclusions and recommendations as to the proper compensation for all justices and judges of this state, and in order to fulfill the directive of the Judicial Compensation Commission as set out in Section 13 of this act, the Judicial Compensation Commission may consider the following factors:
(a) The responsibility, skill and experience required of the particular judgeship at issue;
(b) The time required of the particular judgeship at issue;
(c) The value of compensable service performed by justices and judges, as determined by reference to judicial compensation in other states and the federal government;
(d) The value of comparable service performed in the private sector, including private judging, arbitration and mediation, based on the responsibility and discretion required in the particular judgeship at issue and the demand for such services in the private sector;
(e) The compensation of attorneys in the private sector;
(f) The average consumer prices commonly known as the cost of living, as well as the changes in such measure;
(g) The overall compensation presently received by other public officials in this state including state constitutional officeholders and deans, presidents and chancellors of the public university systems, and also including district attorneys, chiefs of police, county attorneys and city attorneys in major metropolitan areas for which such information is readily available;
(h) Such other factors, not confined to the foregoing, that are normally or traditionally taken into consideration in the determination of such compensation; and
(i) Most importantly, that level of overall compensation adequate to ensure that the most highly qualified individuals in this state, selected from a diversity of life and professional experiences, will be attracted to the judiciary and will be able to serve and to continue to serve without unreasonable economic hardship and with a level of judicial independence unaffected by financial concerns, all to the end that the judiciary in this state shall enjoy the highest level of public confidence.
SECTION 15. Binding nature of report.
The recommendations made by the Judicial Compensation Commission in its report to the Legislature shall be binding and have the full force and effect of law upon the first day of July following the lodging of the report with the Clerk of the House of Representatives and the Secretary of the Senate; provided that, if a majority of the Senate and a majority of the House of Representatives vote to reject any or all of such recommendations prior to the effective date thereof, the recommendation(s) rejected shall be of no force or effect. In the event that it votes to reject any or all of such recommendations, each house must issue to the Governor, the Chief Justice of the Supreme Court, the President of The Mississippi Bar and the President of the Magnolia Bar a report detailing the reasons for each such rejection of a recommendation made by the Judicial Compensation Commission in its biennial report.
SECTION 16. Section 25-3-35, Mississippi Code of 1972, is amended as follows:
25-3-35. (1) Until January 1, 2000, the annual salaries of the following judges are fixed as follows, to begin at the commencement of the next term of office immediately succeeding the existing term:
Chief Justice of the Supreme Court $100,900.00
Presiding Justice of the Supreme Court 98,900.00
Associate Justices of the Supreme Court, each 98,300.00
However, in addition to their present official duties, there are imposed upon the Supreme Court Justices the extra duties of making a special study of existing laws and reporting to each regular session of the Legislature such constructive suggestions as they may deem necessary for the improvement of the administration of justice, and of advising and counseling with the State Librarian in the selection of law books for purchase and use in the State Law Library, advising with the librarian thereof upon the removal from the library of any books which may be the least frequently used, and for the placing of same in a convenient location so as to provide additional space for such books and other current publications which may be more frequently used or called for. For such extra services each justice, from and after the effective date of Laws, 1997, Chapter 577, shall receive a sum sufficient when added to the present salaries of the justices to aggregate One Hundred Thousand Nine Hundred Dollars ($100,900.00) for the Chief Justice, Ninety-eight Thousand Nine Hundred Dollars ($98,900.00) for the Presiding Justice, and Ninety-eight Thousand Three Hundred Dollars ($98,300.00) for Associate Justices, per annum, and from and after January 1, 2000, shall receive a sum sufficient when added to otherwise authorized compensation to aggregate such other salary as the Judicial Compensation Commission may establish as provided in House Bill No. , 1999 Regular Session. As each existing term expires and the above-captioned salaries or such other salary as the Judicial Compensation Commission may establish become effective in due course, the extra duties and compensation provided for shall cease.
(2) Until January 1, 2000, the annual salaries of the judges of the Court of Appeals of Mississippi are fixed as follows:
Chief Judge of the Court of Appeals $94,300.00
Associate Judges of the Court of Appeals, each 91,500.00
From and after January 1, 2000, the annual salaries of all judges of the Court of Appeals shall be fixed as set forth in House Bill No. , 1999 Regular Session.
(3) Until January 1, 1999, the annual salaries of the chancery and circuit court judges are fixed as follows:
Chancery Judges, each $88,700.00
Circuit Judges, each 88,700.00
From and after January 1, 1999, the salary of chancellors and circuit judges shall be as set forth in House Bill No. , 1999 Regular Session, consistent with Section 166 of the Mississippi Constitution of 1890.
(4) The Supreme Court shall prepare a payroll for chancery judges and circuit judges and submit such payroll to the Department of Finance and Administration.
(5) The annual salary of the full-time district attorneys shall be Seventy-nine Thousand Eight Hundred Thirty Dollars ($79,830.00).
(6) The annual salary of the full-time legal assistants shall be not less than Fifteen Thousand Dollars ($15,000.00) nor more than Sixty-seven Thousand Five Hundred Dollars ($67,500.00), as established by the district attorney.
SECTION 17. This act shall take effect and be in force from and after its passage.