SB2991 (As Introduced) - 1999 Regular Session

MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Juvenile Justice; Appropriations

By: Senator(s) Farris, Turner

Senate Bill 2991

AN ACT TO ABOLISH ALL FAMILY COURTS AND PROVIDE FOR THE TRANSFER OF CASES TO THE APPROPRIATE COUNTY COURT; TO REPEAL SECTIONS 43-23-1 THROUGH 43-23-55, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE ESTABLISHMENT AND OPERATION OF FAMILY COURTS; TO PROVIDE THAT THE JUDGE OF THE FAMILY COURT OF HARRISON COUNTY SHALL BE THE THIRD JUDGE OF THE COUNTY COURT OF HARRISON COUNTY; TO AMEND SECTION 9-9-14, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 9-9-11, MISSISSIPPI CODE OF 1972, TO REVISE THE SALARIES OF COUNTY COURT JUDGES; TO CODIFY SECTION 9-9-12, MISSISSIPPI CODE OF 1972, TO PROVIDE STATE-FUNDED SUPPORT TO THE COUNTY COURTS; TO AMEND SECTIONS 23-15-975 AND 23-15-977, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO AMEND SECTION 9-1-19, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY OF JUDGES TO GRANT REMEDIAL WRITS; TO AMEND SECTION 9-1-23, MISSISSIPPI CODE OF 1972, TO REVISE THE JUDGES WHO ARE CONSERVATORS OF THE PEACE; TO AMEND SECTION 9-1-35, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COUNTY COURT AND YOUTH COURT TO OBTAIN A SEAL; TO AMEND SECTION 9-1-36, MISSISSIPPI CODE OF 1972, TO REVISE THE SUPPORT GIVEN CIRCUIT AND CHANCERY JUDGES IN CONFORMITY; TO AMEND SECTION 43-21-157, MISSISSIPPI CODE OF 1972, TO CORRECT AN ERROR IN THE INTERNAL CODAL REFERENCES; TO AMEND SECTION 43-21-107, MISSISSIPPI CODE OF 1972, TO REVISE THE COURTS WHICH EXERCISE YOUTH COURT JURISDICTION AND TO CREATE A DISTRICT YOUTH COURT SYSTEM; TO AMEND SECTION 43-21-111, MISSISSIPPI CODE OF 1972, TO REVISE THE CHANCERY COURT YOUTH COURT REFEREES IN CONFORMITY; TO AMEND SECTION 43-21-123, MISSISSIPPI CODE OF 1972, TO PROVIDE STATE-FUNDED SUPPORT OF THE YOUTH COURT DIVISIONS OF THE CHANCERY AND MUNICIPAL COURTS; TO REVISE SECTION 43-21-115, MISSISSIPPI CODE OF 1972, AND SECTION 43-21-119, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO PRESCRIBE THE QUALIFICATIONS, TERM, ELECTION AND SALARY OF A JUDGE OF A DISTRICT YOUTH COURT; TO PROVIDE FOR STATE-FUNDED SUPPORT OF THE DISTRICT YOUTH COURTS; AND FOR RELATED PURPOSES.

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

SECTION 1. All family courts are abolished. All matters pending in any family court abolished shall be transferred to the county court of the county wherein the family court was located without the necessity for any motion or order of court for such transfer.

SECTION 2. Sections 43-23-1, 43-23-3, 43-23-5, 43-23-7, 43-23-9, 43-23-11, 43-23-13, 43-23-15, 43-23-17, 43-23-19, 43-23-21, 43-23-23, 43-23-25, 43-23-27, 43-23-29, 43-23-31, 43-23-33, 43-23-35, 43-23-37, 43-23-39, 43-23-41, 43-23-43, 43-23-45, 43-23-47, 43-23-49, 43-23-51, 43-23-53 and 43-23-55, Mississippi Code of 1972, which provide for the establishment and operation of family courts, are repealed.

SECTION 3. Section 9-9-14, Mississippi Code of 1972, is amended as follows:

9-9-14. (1) In order to relieve the crowded condition of the docket in the county court of Harrison County and particularly to facilitate and make possible the trial and disposition of the large number of causes on said docket, * * * there shall be three (3) county judges for Harrison County * * *, provided for and elected as herein set out except that the judge elected or appointed judge of the family court of Harrison County for a term expiring December 1, 2002, shall be a judge of the county court of Harrison County for a term expiring December 31, 2002.

(2) For the purposes of nomination and election, the three (3) judgeships shall be separate and distinct, * * * to be denominated for purposes of appointment, nomination and election only as "Place One," * * * "Place Two" and "Place Three". There shall be no distinction whatsoever in the powers, duties and emoluments of the three (3) offices of county judge, except that the county judge of Harrison County who has been for the longest time continuously a county judge of said county shall have the power to assign causes, terms and dockets.

(3) While there shall be no limitation whatsoever upon the powers and duties of the said county judges other than as cast upon them by the constitution and laws of this state, the county court of Harrison County may, in the discretion of the county judge who has been for the longest time continuously a judge of said court, be divided into civil, equity and criminal divisions as a matter of convenience, by the entry of an order upon the minutes of the court.

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(4) Each county judge shall appoint his own court reporter in accordance with Section 9-13-61, Mississippi Code of 1972, for the purpose of doing the necessary stenographic work of the court.

SECTION 4. Section 9-9-11, Mississippi Code of 1972, is amended as follows:

9-9-11. (1) Except as otherwise provided in subsections (2) and (3), the county court judge shall receive an annual salary payable monthly out of the county treasury in an amount equal to the salary which is now or shall hereafter be provided for circuit and chancery judges of this state * * *. Provided further, that the office of county court judge * * * shall be a full-time position, and the holder thereof shall not otherwise engage in the practice of law.

(2) In the event of the establishment of a county court by agreement between two (2) or more counties as provided in Section 9-9-3, the county judge of the court so established shall be paid a salary as provided in subsection (1) of this section.

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(3) The salary of a sheriff shall not be reduced during his term of office as a result of a population decrease based upon the 1990 federal decennial census.

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SECTION 5. The following shall be codified as Section 9-9-12, Mississippi Code of 1972:

9-9-12. (1) Each county court judge shall receive an office operating allowance for the expenses of operating the office of such judge, including retaining a law clerk, legal research, stenographic help, stationery, stamps, furniture, office equipment, telephone, office rent and other items and expenditures necessary and incident to maintaining the office of county judge. Such allowance shall be paid only to the extent of actual expenses incurred by any such judge as itemized and certified by such judge to the Supreme Court and then in an amount of not more than Four Thousand Dollars ($4,000.00) per annum; however, such judge may expend sums in excess thereof from the compensation otherwise provided for his office. No part of this expense or allowance shall be used to pay an official court reporter for services rendered to said court. Each county having a county court shall receive Eight Thousand Dollars ($8,000.00) per annum per judge to defray the expense of providing office space to the county judges.

(2) In addition to the amounts provided for in subsection (1), there is hereby created a separate office allowance fund for the purpose of providing support staff to county court judges. This fund shall be managed by the Administrative Office of Courts. (3) Each county judge who desires to employ support staff shall make application to the Administrative Office of Courts by submitting to the Administrative Office of Courts a proposed personnel plan setting forth what support staff is deemed necessary. A plan may be submitted by any combination of circuit, county or youth court judges or chancellors. In the process of the preparation of the plan, the judges, at their request, may receive advice, suggestions, recommendations and other assistance from the Administrative Office of Courts. The Administrative Office of Courts must approve the positions, job descriptions and salaries before the positions may be filled. The Administrative Office of Courts shall not approve any plan 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 may appoint the employees to the position or positions, and each employee so appointed will work at the will and pleasure of the judge who appointed him but will be an employee 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.

(4) Support staff shall receive compensation pursuant to personnel policies established by the Administrative Office of Courts; however, the Administrative Office of Courts shall allocate from the support staff fund an amount not to exceed Forty Thousand Dollars ($40,000.00) per fiscal year (July 1 through June 30) per judge for whom support staff is approved for the funding of support staff assigned to a judge. Any employment pursuant to this subsection shall be subject to the provisions of Section 25-1-53, Mississippi Code of 1972.

The Administrative Office of Courts may approve expenditure 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 shall have the meaning ascribed herein unless the context clearly requires otherwise:

(a) "Judge" means county court judges;

(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; provided, however, that 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.

(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 county court judge 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, shall have the power to adopt rules and regulations regarding the administration of the office operating allowance authorized pursuant to this section.

(9) Each of the youth courts of Harrison, Hinds, Rankin and Bolivar Counties which actually operates a teen court shall receive an operating allowance for the expenses of operating a teen court up to but not to exceed Forty Thousand Dollars ($40,000.00). Such allowance shall be paid only to the extent of actual expenses incurred by any such teen court. The Administrative Office of Courts shall approve all such allowances.

SECTION 6. Section 23-15-975, Mississippi Code of 1972, is amended as follows:

23-15-975. As used in Sections 23-15-974 through 23-15-985 of this subarticle, the term "judicial office" includes the office of justice of the Supreme Court, judge of the Court of Appeals, circuit judge, chancellor, youth court magistrate and county court judge * * *. All such justices, magistrates and judges shall be full-time positions and such justices, magistrates and judges shall not engage in the practice of law before any court, administrative agency or other judicial or quasi-judicial forum except as provided by law for finalizing pending cases after election to judicial office.

SECTION 7. Section 23-15-977, Mississippi Code of 1972, is amended as follows:

23-15-977. * * * All candidates for judicial office as defined in Section 23-15-975 of this subarticle shall file their intent to be a candidate with the State Board of Election Commissioners not later than the first Friday after the first Monday in May prior to the general election for judicial office and shall pay * * * the following amounts:

(a) Candidates for Supreme Court judge and Court of Appeals, the sum of Two Hundred Dollars ($200.00).

(b) Candidates for circuit judge, county judge and chancellor, the sum of One Hundred Dollars ($100.00).

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SECTION 8. Section 9-1-19, Mississippi Code of 1972, is amended as follows:

9-1-19. The judges of the Supreme, * * * circuit, county and youth courts, and chancellors and judges of the Court of Appeals, in termtime and in vacation, may severally order the issuance of writs of habeas corpus, mandamus, certiorari, supersedeas and attachments, and grant injunctions and all other remedial writs, in all cases where the same may properly be granted according to right and justice, returnable to any court, whether the suit or proceedings be pending in the district of the judge or chancellor granting the same or not. The fiat of such judge or chancellor shall authorize the issuance of the process for a writ returnable to the proper court or before the proper officer; and all such process or writs may be granted, issued and executed on Sunday.

SECTION 9. Section 9-1-23, Mississippi Code of 1972, is amended as follows:

9-1-23. The judges of the Supreme, circuit, youth and county courts and chancellors and judges of the Court of Appeals shall be conservators of the peace for the state, each with full power to do all acts which conservators of the peace may lawfully do; and the circuit judges, * * * chancellors and youth court magistrates shall reside within their respective districts and the county judges shall reside in their respective counties.

SECTION 10. Section 9-1-35, Mississippi Code of 1972, is amended as follows:

9-1-35. The clerk of the Supreme Court and of the Court of Appeals, at the expense of the state, and the clerk of every circuit, county, youth and chancery court, at the expense of the county, shall keep a seal, with the style of the court around the margin and the image of an eagle in the center.

SECTION 11. 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 such judge, including retaining a law clerk, legal research, stenographic help, stationery, stamps, furniture, office equipment, telephone, office rent and other items and expenditures necessary and incident to maintaining the office of judge. Such allowance shall be paid only to the extent of actual expenses incurred by any such judge as itemized and certified by such judge to the Supreme Court and then in an amount of not more than Eight Thousand Dollars ($8,000.00) per annum; however, such judge may expend sums in excess thereof from the compensation otherwise provided for his office. No part of this expense or allowance shall be used to pay an official court reporter for services rendered to said court.

(2) In addition to the amounts provided for in subsection (1), there is hereby 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 or continue to employ support staff after July 1, 1994, shall make application to the Administrative Office of Courts by submitting to the Administrative Office of Courts before July 1 each year a proposed personnel plan setting forth what support staff is deemed necessary. Such plan may be submitted by a single judge or by any combination of judges, including county and youth court judges, desiring to share support staff. In the process of the preparation of the plan, the judges, at their request, may receive advice, suggestions, recommendations and other assistance from the Administrative Office of Courts. The Administrative Office of Courts must approve the positions, job descriptions and salaries before the positions may be filled. The Administrative Office of Courts shall not approve any plan 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 an employee 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) The Administrative Office of Courts shall develop and promulgate minimum qualifications for the certification of court administrators. Any court administrator appointed on or after October 1, 1996, shall be required to be certified by the Administrative Office of Courts.

(5) Support staff shall receive compensation pursuant to personnel policies established by the Administrative Office of Courts; however, from and after July 1, 1994, the Administrative Office of Courts shall allocate from the support staff fund an amount not to exceed Forty Thousand Dollars ($40,000.00) per fiscal year (July 1 through June 30) per judge for whom support staff is approved for the funding of support staff assigned to a judge or judges. Any employment pursuant to this subsection shall be subject to the provisions of Section 25-1-53.

(6) For the purposes of this section, the following terms shall have the meaning ascribed herein 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;

(7) 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 * * * judge * * * during the term of his office and thereafter by his successors.

(8) Any * * * judge * * * who did not have a primary office provided by the county on March 1, 1988, shall be allowed an additional Eight Thousand Dollars ($8,000.00) per annum to defray the actual expenses incurred by such judge * * * in maintaining an office; however, any * * * judge * * * who had a primary office provided by the county on March 1, 1988, and who vacated the office space after such date for a legitimate reason, as determined by the Department of Finance and Administration, shall be allowed the additional office expense allowance provided under this subsection.

(9) 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.

(10) The Supreme Court, through the Administrative Office of Courts, shall have the power to adopt rules and regulations regarding the administration of the office operating allowance authorized pursuant to this section.

SECTION 12. Section 43-21-157, Mississippi Code of 1972, is amended as follows:

43-21-157. (1) If a child who has reached his thirteenth birthday is charged by petition to be a delinquent child, the youth court, either on motion of the youth court prosecutor or on the youth court's own motion, after a hearing as hereinafter provided, may, in its discretion, transfer jurisdiction of the alleged offense described in the petition or a lesser included offense to the criminal court which would have trial jurisdiction of such offense if committed by an adult. The child shall be represented by counsel in transfer proceedings.

(2) A motion to transfer shall be filed on a day prior to the date set for the adjudicatory hearing but not more than ten (10) days after the filing of the petition. The youth court may order a transfer study at any time after the motion to transfer is filed. The transfer study and any other social record which the youth court will consider at the transfer hearing shall be made available to the child's counsel prior to the hearing. Summons shall be served in the same manner as other summons under this chapter with a copy of the motion to transfer and the petition attached thereto.

(3) The transfer hearing shall be bifurcated. At the transfer hearing, the youth court shall first determine whether probable cause exists to believe that the child committed the alleged offense. For the purpose of the transfer hearing only, the child may, with the assistance of counsel, waive the determination of probable cause.

(4) Upon such a finding of probable cause, the youth court may transfer jurisdiction of the alleged offense and the youth if the youth court finds by clear and convincing evidence that there are no reasonable prospects of rehabilitation within the juvenile justice system.

(5) The factors which shall be considered by the youth court in determining the reasonable prospects of rehabilitation within the juvenile justice system are:

(a) Whether or not the alleged offense constituted a substantial danger to the public;

(b) The seriousness of the alleged offense;

(d) Whether or not the alleged offense was committed in an aggressive, violent, premeditated or willful manner;

(e) Whether the alleged offense was against persons or against property, greater weight being given to the offense against persons, especially if personal injury resulted;

(f) The sophistication, maturity and educational background of the child;

(g) The child's home situation, emotional condition and life style;

(h) The history of the child, including experience with the juvenile justice system, other courts, probation, commitments to juvenile institutions or other placements;

(i) Whether or not the child can be retained in the juvenile justice system long enough for effective treatment or rehabilitation;

(j) The dispositional resources available to the juvenile justice system;

(k) Dispositional resources available to the adult correctional system for the child if treated as an adult;

(l) Whether the alleged offense was committed on school property, public or private, or at any school-sponsored event, and constituted a substantial danger to other students;

(m) Any other factors deemed relevant by the youth court; and

(n) Nothing in this subsection shall prohibit the transfer of jurisdiction of an alleged offense and a child if that child, at the time of the transfer hearing, previously has not been placed in a juvenile institution.

(6) If the youth court transfers jurisdiction of the alleged offense to a criminal court, the youth court shall enter a transfer order containing:

(a) Facts showing that the youth court had jurisdiction of the cause and of the parties;

(b) Facts showing that the child was represented by counsel;

(d) A recital of the findings of probable cause and the facts and reasons underlying the youth court's decision to transfer jurisdiction of the alleged offense;

(e) The conditions of custody or release of the child pending criminal court proceedings, including bail or recognizance as the case may justify, as well as a designation of the custodian for the time being; and

(f) A designation of the alleged offense transferred and of the court to which the transfer is made and a direction to the clerk to forward for filing in such court a certified copy of the transfer order of the youth court.

(7) The testimony of the child respondent at a transfer hearing conducted pursuant to this chapter shall not be admissible against the child in any proceeding other than the transfer hearing.

(8) When jurisdiction of an offense is transferred to the circuit court, or when a youth has committed an act which is in original circuit court jurisdiction pursuant to Section 43-21-151 * * *, the jurisdiction of the youth court over the youth is forever terminated, except that such jurisdiction is not forever terminated if the circuit court transfers or remands the transferred case to the youth court or if a child who has been transferred to the circuit court or is in the original jurisdiction of the circuit court is not convicted. However, when jurisdiction of an offense is transferred to the circuit court pursuant to this section or when an offense committed by a youth is in original circuit court jurisdiction pursuant to Section 43-21-151 * * *, the circuit court shall thereafter assume and retain jurisdiction of any felony offenses committed by such youth without any additional transfer proceedings. Any misdemeanor offenses committed by youth who are in circuit court jurisdiction pursuant to this section or Section 43-21-151 * * * shall be prosecuted in the court which would have jurisdiction over that offense if committed by an adult without any additional transfer proceedings. The circuit court may review the transfer proceedings on motion of the transferred child. Such review shall be on the record of the hearing in the youth court. The circuit court shall remand the offense to the youth court if there is no substantial evidence to support the order of the youth court. The circuit court may also review the conditions of custody or release pending criminal court proceedings.

(9) When any youth has been the subject of a transfer to circuit court for an offense committed in any county of the state or has committed any act which is in the original jurisdiction of the circuit court pursuant to Section 43-21-151(1), that transfer or original jurisdiction shall be recognized by all other courts of the state and no subsequent offense committed by such youth in any county of the state shall be in the jurisdiction of the youth court unless transferred to the youth court pursuant to Section 43-21-159(3). Transfers from youth courts of other states shall be recognized by the courts of this state and no youth who has a pending charge or a conviction in the adult court system of any other state shall be in the jurisdiction of the youth courts of this state, but such youths shall be in the jurisdiction of the circuit court for any felony committed in this state or in the jurisdiction of the court of competent jurisdiction for any misdemeanor committed in this state.

SECTION 13. Section 43-21-107, Mississippi Code of 1972, is amended as follows:

43-21-107.

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(1) Except as otherwise provided in this section, a youth court division shall exist as a division of the county court of each county now or hereafter having a county court * * *, and the county judge shall be the judge of the youth court unless another judge is named by the county judge as provided by this chapter.

(2) A youth court division shall exist as a division of the chancery court of each county in which no county court or district youth court is maintained and any chancellor within a chancery court district shall be the judge of the youth court of that county within such chancery court district unless another judge is named by the senior chancellor of the county or chancery court district as provided by this chapter.

(3) * * * There shall exist a youth court division as a division of the municipal court in any city in which the governing authorities of such city have adopted, prior to January 1, 1999, a resolution to that effect. The cost of the youth court division of the municipal court shall be paid from any funds available to the municipality for such purposes, as well as any funds made available to the municipality for that purpose by the state, but excluding * * * county funds.

(4) (a) There shall be a court inferior to the Supreme Court which will exercise the youth court jurisdiction, to be known as the youth court or district youth court, in and for each of the following youth court districts:

(i) The First Youth Court District shall be comprised of Tunica, Quitman and Tallahatchie Counties;

(ii) The Second Youth Court District shall be comprised of Tate, Panola and Yalobusha Counties;

(iii) The Third Youth Court District shall consist of Lafayette, Union and Calhoun Counties;

(iv) The Fourth Youth Court District shall be comprised of Marshall, Benton and Tippah Counties;

(v) The Fifth Youth Court District shall be comprised of Grenada, Carroll and Montgomery Counties;

(vi) The Sixth Youth Court District shall be comprised of Sunflower, Humphreys, Holmes, Issaquena and Sharkey Counties;

(vii) The Seventh Youth Court District shall be comprised of Claiborne, Jefferson and Copiah Counties;

(viii) The Eighth Youth Court District shall be comprised of Simpson, Smith, Covington and Jefferson Davis Counties;

(ix) The Ninth Youth Court District shall be comprised of Franklin, Lincoln, Wilkinson and Amite Counties;

(x) The Tenth Youth Court District shall be comprised of Lawrence, Marion, Lamar and Pearl River Counties.

(b) There shall be one (1) youth court magistrate for each youth court district established in this section who shall be the judge of the youth court.

(d) It shall be lawful for the youth court sitting in one (1) county to act upon any and all matters of which it has jurisdiction as provided by law arising in any other county under the jurisdiction of that court.

(e) The style of the court shall be "The Youth Court of the County of _____" in every county included within a youth court district under this section.

SECTION 14. Section 43-21-111, Mississippi Code of 1972, is amended as follows:

43-21-111. (1) In any county not having a county court or district youth court, the judge may appoint as provided in Section 43-21-123 regular or special referees who shall be attorneys at law and members of the bar in good standing to act in cases concerning children within the jurisdiction of the youth court, and a regular referee shall hold office until removed by the judge. The requirement that regular or special referees appointed pursuant to this subsection be attorneys shall apply only to regular or special referees who were not first appointed regular or special referees prior to July 1, 1991.

(2) Any referee appointed pursuant to subsection (1) of this section shall be required to receive judicial training approved by the Mississippi Judicial College and shall be required to receive regular annual continuing education in the field of juvenile justice. The amount of judicial training and annual continuing education which shall be satisfactory to fulfill the requirements of this section shall conform with the amount prescribed by the Rules and Regulation for Mandatory Continuing Judicial Education promulgated by the Supreme Court. The Administrative Office of Courts shall maintain a roll of referees appointed under this section, shall enforce the provisions of this subsection and shall maintain records on all such referees regarding such training. Should a referee miss two (2) consecutive training sessions sponsored or approved by the Mississippi Judicial College as required by this subsection or fail to attend one (1) such training session within six (6) months of their initial appointment as a referee, the referee shall be disqualified to serve and be immediately removed as a referee and another member of the bar shall be appointed as provided in this section.

(3) The judge may direct that hearings in any case or class of cases be conducted in the first instance by the referee. The judge may also delegate his own administrative responsibilities to the referee.

(4) All hearings authorized to be heard by a referee shall proceed in the same manner as hearings before the youth court judge. A referee shall possess all powers and perform all the duties of the youth court judge in the hearings authorized to be heard by the referee.

(5) An order entered by the referee shall be mailed immediately to all parties and their counsel. A rehearing by the judge shall be allowed if any party files a written motion for a rehearing or on the court's own motion within three (3) days after notice of referee's order. The youth court may enlarge the time for filing a motion for a rehearing for good cause shown. Any rehearing shall be upon the record of the hearing before the referee, but additional evidence may be admitted in the discretion of the judge. A motion for a rehearing shall not act as a supersedeas of the referee's order, unless the judge shall so order.

(6) The salary for the referee shall be 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 or provided to the youth court by the state for that purpose.

(7) Upon request of the boards of supervisors of two (2) or more counties, the judge of the chancery court may appoint a suitable person as referee to two (2) or more counties within his district, and the payment of salary may be divided in such ratio as may be agreed upon by the boards of supervisors.

SECTION 15. Section 43-21-123, Mississippi Code of 1972, is amended as follows:

43-21-123. Except for expenses provided by state funds and/or other monies, the board of supervisors, or the municipal governing board where there is a municipal youth court, shall adequately provide funds for the operation of the youth court division of the chancery court in conjunction with the regular chancery court budget, or the county * * * courts where said courts are constituted. In preparation for said funding, on an annual basis at the time requested, the youth court judge or administrator shall prepare and submit to the board of supervisors, or the municipal governing board of the youth court wherever the youth court is a municipal court, an annual budget which will identify the number, staff position, title and amount of annual or monthly compensation of each position as well as provide for other expenditures necessary to the functioning and operation of the youth court. When the budget of the youth court or youth court judge is approved by the board of supervisors or the governing authority of the municipality, then the youth court or youth court judge may employ such persons as provided in the budget from time to time. The Administrative Office of Courts shall allow to each county that neither has a county court nor is included in a district youth court, the sum of Twelve Thousand Dollars ($12,000.00) per annum of state-funded allowances for the youth court divisions of the chancery courts thereof; the allowance shall be discontinued for counties subsequently included in a district youth court at the time of inclusion. The Administrative Office of Courts shall allow a like annual sum to each municipality having a youth court division of its municipal court as of January 1, 1999.

The board of supervisors of any county in which there is located a county court youth court, and the governing authority of any municipality in which there is located a municipal youth court, are each authorized to reimburse the youth court judges and other youth court employees or personnel for reasonable travel and expenses incurred in the performance of their duties and in attending educational meetings offering professional training to such persons as budgeted. The Administrative Office of Courts shall approve reimbursement to the county for expenditures for travel actually incurred by a county court youth court judge in the performance of his duties, but not to exceed Three Hundred Dollars ($300.00) per annum per judge.

SECTION 16. Section 43-21-115, Mississippi Code of 1972, is amended as follows:

43-21-115. In every youth court division the judge shall appoint as provided in Section 43-21-123 one or more persons to function as the intake unit for the youth court division. The youth court intake unit shall perform all duties specified by this chapter. If the person serving as the youth court intake unit is not already a salaried public employee, the salary for such person shall be fixed on order of the judge as provided in Section 43-21-123 and shall be paid by the county or municipality, as the case may be, out of any available funds budgeted for the youth court by the board of supervisors or provided to the youth court by the state for that purpose.

SECTION 17. Section 43-21-119, Mississippi Code of 1972, is amended as follows:

43-21-119. The judge or his designee shall appoint as provided in Section 43-21-123 sufficient personnel, responsible to and under the control of the youth court, to carry on the professional, clerical and other work of the youth court. The cost of these persons appointed by the youth court shall be paid as provided in Section 43-21-123 out of any available funds budgeted for the youth court by the board of supervisors or provided to the youth court by the state for that purpose.

SECTION 18. (1) The magistrate of a district youth court shall possess all of the qualifications of a circuit judge as prescribed by the Mississippi Constitution and must be a qualified elector of the youth court district. Except as provided in subsection (2) of this section, the youth court magistrate shall be elected by the qualified electors of the youth court district at the time and in the manner as circuit judges are elected and shall hold office for the same term. Vacancies in the office of youth court magistrate shall be filled in the same manner as vacancies in the office of circuit judge.

(2) The initial terms of the youth court judgeships created under this section shall be for seven (7) years, commencing January 1, 2000 and ending December 31, 2006, and the candidates therefor shall run in the general election to be in November of 1999, to be conducted, insofar as possible, in the same manner as other judicial elections.

(3) The youth court magistrate shall receive an annual salary payable monthly out of the State General Fund in the amount of Sixty-eight Thousand Dollars ($68,000.00). The office of youth court magistrate shall be a full-time position, and the holder thereof shall not otherwise engage in the practice of law.

SECTION 19. (1) Each youth court magistrate shall receive an office operating allowance for the expenses of operating the office of such magistrate, including retaining a law clerk, legal research, stenographic help, stationery, stamps, furniture, office equipment, telephone, office rent and other items and expenditures necessary and incident to maintaining the office of magistrate. Such allowance shall be paid only to the extent of actual expenses incurred by any such magistrate as itemized and certified by such magistrate to the Supreme Court and then in an amount of not more than Eight Thousand Dollars ($8,000.00) per annum; however, such magistrate may expend sums in excess thereof from the compensation otherwise provided for his office. No part of this expense or allowance shall be used to pay an official court reporter for services rendered to said court.

(2) In addition to the amounts provided for in subsection (1), there is hereby created a separate office allowance fund for the purpose of providing support staff to magistrates. This fund shall be managed by the Administrative Office of Courts.

(3) Each magistrate who desires to employ support staff shall make application to the Administrative Office of Courts by submitting to the Administrative Office of Courts a proposed personnel plan setting forth what support staff is deemed necessary. A plan may be submitted by any combination of circuit judges, county judges, youth court magistrates or chancellors. In the process of the preparation of the plan, the judges, at their request, may receive advice, suggestions, recommendations and other assistance from the Administrative Office of Courts. The Administrative Office of Courts must approve the positions, job descriptions and salaries before the positions may be filled. The Administrative Office of Courts shall not approve any plan 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 may appoint the employees to the position or positions, and each employee so appointed will work at the will and pleasure of the judge who appointed him but will be an employee 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.

(4) Support staff shall receive compensation pursuant to personnel policies established by the Administrative Office of Courts; however, the Administrative Office of Courts shall allocate from the support staff fund an amount not to exceed Twenty Thousand Dollars ($20,000.00) per fiscal year (July 1 through June 30) per judge for whom support staff is approved for the funding of support staff assigned to a judge. Any employment pursuant to this subsection shall be subject to the provisions of Section 25-1-53, Mississippi Code of 1972.

(5) For the purposes of this section, the following terms shall have the meaning ascribed herein unless the context clearly requires otherwise:

(a) "Judge" means youth court magistrates;

(b) "Support staff" means court administrators, law clerks, legal research assistants or secretaries, or any combination thereof, but shall not mean school attendance officers;

(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 youth court magistrate during the term of his office and thereafter by his successors.

(7) District youth court magistrates shall be allowed an additional Eight Thousand Dollars ($8,000.00) per annum to maintain an office, and may pool the various allowances with the approval of the Administrative Office of Courts.

(8) The Administrative Office of Courts shall reimburse travel expenses for district youth court judges on the same basis as for circuit judges and chancellors.

SECTION 20. The Attorney General of the State of Mississippi is hereby directed to submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 21. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.