MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Juvenile Justice; Appropriations

By: Senator(s) Smith

AN ACT TO AMEND SECTIONS 43-21-117 AND 25-31-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DISTRICT ATTORNEY SHALL SERVE AS THE YOUTH COURT PROSECUTOR IN CERTAIN COUNTIES; TO PROVIDE THAT LEGAL ASSISTANTS SHALL BE PROVIDED FOR PROSECUTING YOUTH COURT CASES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 43-21-117, Mississippi Code of 1972, is amended as follows:

43-21-117. (1) The youth court prosecutor shall represent the petitioner in all proceedings in the youth court.

(2) Except as provided in subsection (5) of this section, the county prosecuting attorney shall serve as the youth court prosecutor; however, if funds are available pursuant to Section 43-21-123, the court may designate, as provided in subsection (3) of this section, a prosecutor or prosecutors in lieu of or in addition to the county prosecuting attorney. Where there is a municipal youth court division, the city prosecutor shall serve as youth court prosecutor except in those counties designated by subsection (5) of this section; provided that the district attorney may participate in transfer proceedings.

(3) Except as provided in subsection (5) of this section, the judge may designate as provided in Section 43-21-123 some suitable attorney or attorneys to serve as youth court prosecutor or prosecutors in lieu of or in conjunction with the youth court prosecutor provided in subsection (2) of this section. The designated youth court prosecutor or prosecutors shall be paid a fee or salary fixed on order of the judge as provided in Section 43-21-123 and shall be paid by the county out of any available funds budgeted for the youth court by the board of supervisors, unless the designated youth court prosecutor or prosecutors serves in a municipal youth court division, in which case he shall be paid a fee or salary fixed on order of the judge from the funds available to the municipality.

(4) All youth court prosecutors and county prosecuting attorneys who serve as youth court prosecutors shall be required to receive juvenile justice training approved by the Mississippi Attorney General's office and regular annual continuing education in the field of juvenile justice. The Mississippi Attorney General's office shall determine the amount of juvenile justice training and annual continuing education which shall be satisfactory to fulfill the requirements of this subsection. The Administrative Office of Courts shall maintain a roll of youth court prosecutors, shall enforce the provisions of this subsection and shall maintain records on all such youth court prosecutors regarding such training. Should a youth court prosecutor miss two (2) consecutive training sessions sponsored by the Mississippi Attorney General's office as required by this subsection or fail to attend one (1) such training session within six (6) months of their designation as youth court prosecutor, the youth court prosecutor shall be disqualified to serve and be immediately removed from the office of youth court prosecutor and another youth court prosecutor shall be designated.

(5) The district attorney shall serve as the youth court prosecutor in three (3) districts designated as follows: the Second Circuit Court District, the Fifteenth Circuit Court District and the Seventeenth Circuit Court District. The district attorneys of the Second, Fifteenth and Seventeenth Circuit Court Districts shall each be authorized two (2) additional legal assistants by Section 2 of Senate Bill No. 2922, 1999 Regular Session. The additional legal assistants authorized by Section 2 of Senate Bill No. 2922, 1999 Regular Session, shall receive the same compensation and be paid from the same source as other full-time legal assistants. This subsection shall stand repealed from and after July 1, 2002.

SECTION 2. Section 25-31-5, Mississippi Code of 1972, is amended as follows:

25-31-5. (1) The following number of full-time legal assistants are authorized in the following circuit court districts:

(a) First Circuit Court

District.............seven (7) legal assistants.

(b) Second Circuit Court

District.............eight (8) legal assistants.

(c) Third Circuit Court

District.............four (4) legal assistants.

(d) Fourth Circuit Court

District.............five (5) legal assistants.

(e) Fifth Circuit Court

District.............four (4) legal assistants.

(f) Sixth Circuit Court

District.............two (2) legal assistants.

(g) Seventh Circuit Court

District.............nine (9) legal assistants.

(h) Eighth Circuit Court

District.............two (2) legal assistants.

(i) Ninth Circuit Court

District.............two (2) legal assistants.

(j) Tenth Circuit Court

District.............four (4) legal assistants.

(k) Eleventh Circuit Court

District.............five (5) legal assistants.

(l) Twelfth Circuit Court

District.............three (3) legal assistants.

(m) Thirteenth Circuit Court

District.............two (2) legal assistants.

(n) Fourteenth Circuit Court

District.............three (3) legal assistants.

(o) Fifteenth Circuit Court

District.............four (4) legal assistants.

(p) Sixteenth Circuit Court

District.............four (4) legal assistants.

(q) Seventeenth Circuit Court

District.............five (5) legal assistants.

(r) Eighteenth Circuit Court

District.............two (2) legal assistants.

(s) Nineteenth Circuit Court

District.............four (4) legal assistants.

(t) Twentieth Circuit Court

District.............four (4) legal assistants.

(u) Twenty-first Circuit Court

District.............two (2) legal assistants.

(v) Twenty-second Circuit Court

District.............two (2) legal assistants.

(2) The following number of full-time legal assistants are authorized in the following circuit court districts:

(a) Second Circuit Court

District two (2) legal assistants.

(b) Fifteenth Circuit Court

District two (2) legal assistants.

(c) Seventeenth Circuit Court

District two (2) legal assistants.

This subsection shall stand repealed from and after July 1, 2002.

(3) In addition to any legal assistants authorized pursuant to subsections (1) and (2) of this section, the following number of full-time legal assistants are authorized (i) in the following circuit court districts if funds are appropriated by the Legislature to adequately fund the salaries, expenses and fringe benefits of such legal assistants, or (ii) in any of the following circuit court districts in which the board of supervisors of one or more of the counties in a circuit court district adopts a resolution to pay all of the salaries, supplemental pay, expenses and fringe benefits of legal assistants authorized in such district pursuant to this subsection:

(a) First Circuit Court

District.............two (2) legal assistants.

(b) Second Circuit Court

District.............two (2) legal assistants.

(c) Third Circuit Court

District.............two (2) legal assistants.

(d) Fourth Circuit Court

District.............two (2) legal assistants.

(e) Fifth Circuit Court

District.............two (2) legal assistants.

(f) Sixth Circuit Court

District.............two (2) legal assistants.

(g) Seventh Circuit Court

District.............two (2) legal assistants.

(h) Eighth Circuit Court

District.............two (2) legal assistants.

(i) Ninth Circuit Court

District.............two (2) legal assistants.

(j) Tenth Circuit Court

District.............two (2) legal assistants.

(k) Eleventh Circuit Court

District.............two (2) legal assistants.

(l) Twelfth Circuit Court

District.............two (2) legal assistants.

(m) Thirteenth Circuit Court

District.............two (2) legal assistants.

(n) Fourteenth Circuit Court

District.............two (2) legal assistants.

(o) Fifteenth Circuit Court

District.............two (2) legal assistants.

(p) Sixteenth Circuit Court

District.............two (2) legal assistants.

(q) Seventeenth Circuit Court

District.............two (2) legal assistants.

(r) Eighteenth Circuit Court

District.............two (2) legal assistants.

(s) Nineteenth Circuit Court

District.............two (2) legal assistants.

(t) Twentieth Circuit Court

District.............two (2) legal assistants.

(u) Twenty-first Circuit Court

District.............two (2) legal assistants.

(v) Twenty-second Circuit Court

District.............two (2) legal assistants.

(4) The board of supervisors of any county is hereby authorized and empowered, in its discretion, to pay all or a part of the salary, supplemental pay, expenses and fringe benefits of any district attorney or legal assistant authorized in the circuit court district to which such county belongs pursuant to this section.

SECTION 3. This act shall take effect and be in force from and after July 1, 1999.