MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary; Appropriations

By: Senator(s) Chamberlin

AN ACT TO CREATE A NEW CODE SECTION TO BE CODIFIED AS SECTION 9-7-59, MISSISSIPPI CODE OF 1972, TO CREATE THE TWENTY-THIRD CIRCUIT COURT DISTRICT; TO AMEND SECTIONS 9-7-45, 9-7-46 AND 25-31-5, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. The following provision shall be codified as Section 9-7-59, Mississippi Code of 1972:

9-7-59. (1) The Twenty-third Circuit Court District shall be comprised of DeSoto County. The initial holder of the circuit judgeship therefor shall be that judge elected circuit judge from subdistrict 17-1.

(2) From and after January 1, 2003, there shall be two (2) judges for the Twenty-third Circuit Court District. For the purposes of appointment and election the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

SECTION 2. Section 9-7-45, Mississippi Code of 1972, is amended as follows:

9-7-45. The Seventeenth Circuit Court District shall * * * consist of Panola County, Tallahatchie County, Tate County and Yalobusha County.

SECTION 3. Section 9-7-46, Mississippi Code of 1972, is amended as follows:

9-7-46. * * * There shall be two (2) circuit judges for the Seventeenth Circuit Court District.

SECTION 4. From and after the effective date of this act and until any intervening appointment or election, the two (2) judges of the Seventeenth Circuit Court District shall be those two (2) judges elected from subdistrict 17-2 in the 1998 general election. Thereafter, the judges shall be elected or appointed as is provided for circuit judges generally.

SECTION 5. 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 nine (9)

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) In addition to any legal assistants authorized pursuant to subsection (1) 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.

(3) The board of supervisors of any county may 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 6. The Attorney General of the State of Mississippi shall 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 7. 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.