REPORT OF CONFERENCE COMMITTEE

S.B. No. 2988: County court; allow certain counties option to create, enact state funding support of youth court (Council compromise).

SECTION 1. (1) In any county not having a county court judge, the senior chancellor may establish the office of youth court case manager by an order entered on the minutes of the court. The youth court case manager may serve one or more youth courts provided that the youth courts are in the same chancery court district. In the discretion of the senior chancellor, the position of youth court case manager may be a full-time or part-time position, but shall not be filled by any person who is also an employee of the Mississippi Department of Human Services. The youth court case manager may serve as the youth court intake officer as established in Section 43-21-115.

(2) It shall be the duty of the youth court case manager to:

(a) Perform all nonjudicial tasks of the youth court, other than those assigned to other youth court employees;

(b) Maintain all statistical reports, issue case numbers, and be responsible to provide the Administrative Office of Courts all data concerning to the youth court served including completion of all Administrative Office of Courts tracking forms;

(c) Serve as liaison with the media, the general public, law enforcement, attorneys, witnesses and all other interested parties;

(d) Provide general administrative support for the youth court judge;

(e) Insure that all needed court files, evidence and witnesses are before the court as and when needed, and to personally appear at youth court hearings as directed by the court; and

(f) Perform other duties assigned by the youth court judge.

SECTION 2. (1) In any county not having a county court judge, the senior chancellor may employ a youth court case manager as set forth in Section 1 of this act. A senior chancellor who desires to employ a youth court case manager shall make application to the Administrative Office of Courts. The Administrative Office of Courts must approve the position, job description and salary before the position of youth court case manager may be filled. Upon approval by the Administrative Office of Courts, the senior chancellor may appoint the youth court case manager and each youth court case manager 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 youth court case manager shall be evidenced by the entry of an order on the minutes of the youth court. When a youth court case manager is appointed jointly by two (2) or more youth court judges, the order setting forth any appointment shall be entered on the minutes of each participating youth court.

(2) The Administrative Office of Courts shall develop and promulgate minimum qualifications for the position of youth court case manager.

(3) The Administrative Office of Courts shall allocate from the General Fund, as appropriated by the Legislature, an amount not to exceed Thirty Thousand Dollars ($30,000.00) per chancery court district for the employment of one (1) or more youth court case managers in the chancery court district. Youth court case managers shall receive compensation pursuant to personnel policies established by the Administrative Office of Courts. Such compensation shall be based on a formula developed by the Administrative Office of Courts.

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

(a) "Youth court judge" means any chancellor serving as the judge of a youth court of a county or another judge named by the senior chancellor of that county or chancery court district.

(b) "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.

SECTION 3. Any city where the youth court division was created as a division of the municipal court prior to January 1, 1999, pursuant to Section 43-21-107(4), may employ a youth court case manager in the same manner as prescribed in Sections 1 and 2 of this act for counties not having a county court judge. However, the Administrative Office of Courts shall allocate from the General Fund, as appropriated by the Legislature, an amount not to exceed Twelve Thousand Dollars ($12,000.00), for the compensation of such youth court case manager.

SECTION 4. (1) Each county court judge shall receive an office operating allowance from the General Fund, as appropriated by the Legislature, for the expenses of operating the office of such judge, including legal research, stenographic help, stationery, stamps, furniture, office equipment, telephone 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 Administrative Office of Courts in an amount equal to the per annum office operating allowance made available to each circuit and chancery judge under Section 9-1-36. Nothing in this section shall limit a county court judge from receiving monies from any other source that may be combined and expended on office operating expenses along with the office operating allowance provided in this section. 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 from the General Fund, as appropriated by the Legislature, a separate office allowance fund for the purpose of providing support staff to county court judges to be managed by the Administrative Office of Courts.

(3) Each county court judge who desires to employ state 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 state support staff is deemed necessary. Such plan may be submitted by a single judge or by any combination of 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. Upon approval by the Administrative Office of Courts, the judge or judges may appoint the state employees to the position or positions, and each state 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 state support staff shall be evidenced by the entry of an order on the minutes of the court. When state 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) State support staff provided under this section shall receive compensation pursuant to personnel policies established by the Administrative Office of Courts. The Administrative Office of Courts shall allocate an amount from the General Fund, as appropriated by the Legislature, equal to the per annum state support staff allowance made available to each circuit and chancery judge under Section 9-1-36. Any employment pursuant to this subsection shall be subject to the provisions of Section 25-1-53.

(5) Any allowances provided under this section shall not serve to relieve the obligation of the counties to provide office operating allowances and/or support staff for such county's county court judge or judges. Allowances provided hereunder are for the express purpose of augmenting allowances provided by the counties to their county court judges. State support staff provided under this section shall not take the place of any county employee and no county employee serving a county court shall receive any compensation under this section. State support staff provided under this section shall not replace or fill any county position which was funded by the county on or before January 1, 1999. Nothing in this section shall limit a county court judge from receiving monies from any other source that may be combined with the state support staff allowance to be used to pay a portion of the salary of any state support staff positions provided under this section, so long as the positions conform to the personnel policies of the Administrative Office of Courts.

(6) 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 judge;

(b) "State support staff" means any person hired under this section;

(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.

(7) Title to all tangible property, excepting stamps, stationery and minor expendable office supplies, procured with funds authorized by this section, shall be the property of the State of Mississippi to be used by the county court judge during the term of his office and thereafter by his successors.

(8) The Administrative Office of Courts shall develop job descriptions and set salaries for all state support staff hired under this section for the support of any county court judge.

(9) The Supreme Court, through the Administrative Office of Courts, shall have the power to adopt rules and regulations regarding the administration of all allowances authorized pursuant to this section.

SECTION 5. Section 43-21-123, Mississippi Code of 1972, is amended as follows:

43-21-123. (1) 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 or family 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.

(2) Except for expenses provided by state funds and/or other monies, the board of supervisors of any county in which there is located a 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, referees, youth court administrators and case managers 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.

SECTION 6. Nothing in this act shall require any increased expenditure by local governments of the State of Mississippi without the prior consent of said local governmental units.

SECTION 7. This act shall take effect and be in force from and after July 1, 1999.

AN ACT TO AUTHORIZE THE ESTABLISHMENT OF THE OFFICE OF YOUTH COURT CASE MANAGER; TO PRESCRIBE THE DUTIES OF THE YOUTH COURT CASE MANAGER; TO PROVIDE THAT YOUTH COURT CASE MANAGERS ARE TO BE EMPLOYEES OF THE ADMINISTRATIVE OFFICE OF COURTS WORKING AT THE WILL AND PLEASURE OF THE YOUTH COURT JUDGE; TO AUTHORIZE THE ESTABLISHMENT OF THE OFFICE OF YOUTH COURT ADMINISTRATOR FOR ANY MUNICIPAL YOUTH COURT FORMED PRIOR TO JANUARY 1, 1999; TO AUTHORIZE AN OFFICE OPERATING ALLOWANCE FOR ALL COUNTY COURT JUDGES; TO AUTHORIZE A STATE SUPPORT STAFF ALLOWANCE FOR COUNTY COURT JUDGES; TO AMEND SECTION 43-21-123, MISSISSIPPI CODE OF 1972, TO INCLUDE REFEREES AND YOUTH COURT ADMINISTRATORS AND YOUTH COURT CASE MANAGERS FOR THE REIMBURSEMENT OF NECESSARY TRAVEL EXPENSES; TO REVISE APPOINTMENT AND COMPENSATION OF YOUTH COURT SUPPORT STAFF; AND FOR RELATED PURPOSES.