MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary B

By: Representative Gibbs, Dickson, Green, Henderson, Markham, Thomas

AN ACT TO AMEND SECTIONS 9-11-27 AND 9-11-29, MISSISSIPPI CODE OF 1972, TO REQUIRE TRAINING FOR DEPUTY CLERKS OF THE JUSTICE COURT WHO WORK IN OFFICES SEPARATE FROM THE CLERK; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 9-11-27, Mississippi Code of 1972, is amended as follows:

9-11-27. The board of supervisors of each county shall, at its own expense, appoint one (1) person to serve as clerk of the justice court system of the county, and may appoint such other employees for the justice court of the county as it deems necessary, including a person or persons to serve as deputy clerk or deputy clerks. The board of supervisors of each county with two (2) judicial districts may, at its own expense, appoint two (2) persons to serve as clerks of the justice court system of the county, one (1) for each judicial district, and may appoint such other employees for the justice court system of the county as it deems necessary including persons to serve as deputy clerks. The clerk and deputy clerks shall be empowered to file and record actions and pleadings, to receive and receipt for monies, to acknowledge affidavits, to issue warrants in criminal cases upon direction by a justice court judge in the county, to approve the sufficiency of bonds in civil and criminal cases, to certify and issue copies of all records, documents and pleadings filed in the justice court and to issue all process necessary for the operation of the justice court. The clerk or deputy clerks may refuse to accept a personal check in payment of any fine or cost or to satisfy any other payment required to be made to the justice court. All orders from the justice court judge to the clerk of the justice court shall be written. All cases, civil and criminal, shall be assigned by the clerk to the justice court judges of the county in the manner provided in Section 11-9-105 and Section 99-33-2. Any deputy clerk who works in an office separate from the clerk shall be trained as a clerk as provided in Section 9-11-29.

SECTION 2. Section 9-11-29, Mississippi Code of 1972, is amended as follows:

9-11-29. (1) Within ninety (90) days after appointment, every person appointed as clerk of the justice court under the provisions of * * * Section 9-11-27, or a deputy clerk in a separate office as provided in Section 9-11-27, shall file annually in the office of the circuit clerk a certificate of completion of a course of training and education conducted by the Mississippi Judicial College of the University of Mississippi Law Center.

(2) Every person appointed as clerk and deputy clerk of the justice court shall, before entering into the duties of the position, give bond, with sufficient surety, to be payable, conditioned and approved as provided by law and in the same manner as other county officers, in a penalty equal to Fifty Thousand Dollars ($50,000.00); and any party interested may proceed on such bond in a summary way, by motion in any court having jurisdiction of the same, against the principal and sureties, upon giving five (5) days' previous notice. The cost of such bond shall be paid by the county.

(3) Upon the failure of any person appointed as clerk of the justice court to file the certificates of completion as provided in subsection (1) of this section, such person shall not be allowed to carry out any of the duties of the office of clerk of the justice court, and shall not be entitled to compensation for the period of time during which such certificates remain unfiled.

SECTION 3. This act shall take effect and be in force from and after July 1, 2001.