House Bill 853

(As Passed the House)

AN ACT TO AMEND SECTION 9-5-255, MISSISSIPPI CODE OF 1972, TO RESTRICT THE APPOINTMENT AND JURISDICTION OF FAMILY MASTERS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 9-5-255, Mississippi Code of 1972, is amended as follows:

9-5-255. (1) The chancellor, or chancellors if there be more than one (1), for each chancery court district in this state, may apply to the Mississippi Supreme Court for the appointment of a family master in the district. In applying for such appointment, the chancellor of the district or, if there is more than one (1), then all chancellors of the district, must sign a statement advising the Supreme Court:

(a) That the chancery court district's workload is so great that, keeping regular business hours and working on a full-time basis, the chancellor or, if there is more than one (1) chancellor, each chancellor cannot maintain the workload; and

(b) That the chancellor or, if there is more than one (1) chancellor, each chancellor is aware that, if granted, the appointment of a family master will cause additional expenses which must be paid by county taxpayers and that the taxpayers should pay such expenses.

A copy of the statement shall be spread upon the minutes of the court in each county in the district and a copy shall be provided to the board of supervisors of each county in the district, and the statement shall be a public record.

Upon receipt of the statement by the Clerk of the Supreme Court, the Supreme Court shall independently review the statement and take whatever actions it deems appropriate to satisfy itself that the request for appointment of a family master for the district is in fact necessary and proper, that the assertions made in the statement are accurate and that the appointment of a family master will not place an undue financial burden on the county or counties involved. Any decision by the Supreme Court shall be in writing, signed by the Chief Justice and shall be filed with the Clerk of the Supreme Court and kept as a matter of public record.

(2) Family masters in chancery shall have only the power to hear cases and recommend orders establishing, modifying and enforcing orders for child support in cases referred to them by the chancellor or chancellors, as the case may be, that are brought pursuant to the Mississippi Uniform Law on Paternity * * * by or against the Department of Human Services and such limited authority shall be expressly stated in any appointment of a family master approved by the Supreme Court.

(3) In all cases in which an order for support has been established and the person to whom the support obligation is owed is a nonrelated Temporary Assistance for Needy Families (TANF) family on whose behalf the Department of Human Services is providing services, the family master in chancery or chancellor, as the case may be, shall, upon proper pleading by the department * * *, order that the department may recover and that the obligor shall be liable for reasonable attorney's fees and court costs which the department incurs in enforcing and collecting amounts of support obligation. Funds received pursuant to such order shall be deposited in the General Fund.

(4) Persons appointed as family masters in chancery pursuant to this section must meet and possess all of the qualifications required of chancery * * * judges of this state, shall remain in office for a term of one (1) year, and shall receive reasonable compensation for services rendered by them, as fixed by law, or allowed by general order of the Supreme Court. Family masters in chancery shall be paid out of any available funds budgeted by the board of supervisors of the county in which they serve; provided, however, in the event that a family master in chancery is appointed to serve in more than one (1) county within a chancery court district, then the compensation and expenses of such master shall be equally apportioned among and paid by each of the counties in which such master serves. Upon appointment, the Clerk of the Supreme Court shall issue to such persons a certificate of appointment.

(5) Family masters in chancery shall have power, in cases assigned to them pursuant to this section only, to administer oaths, to take the examination of witnesses * * *, to examine and report upon the cases referred to them * * *.

(6) Family masters in chancery shall have power, in cases assigned to them pursuant to this section only, to * * * compel by attachment the attendance of a witness subpoenaed to attend and give evidence if a witness shall fail to appear.

* * *

(7) In all cases heard by masters pursuant to this section, such masters shall make a written report to the chancellor or judge who refers the case to him. Such chancellor or judge may accept, reject or modify, in whole or in part, the findings or recommendations made and reported by the master, and may recommit the matter to the master with instructions. Any party may object to such report and receive a hearing de novo before the chancellor as provided in Rule 53 of the Mississippi Rules of Civil Procedure. In all cases referred to such master, initialing for approval by the master of a proposed judgment shall be sufficient to constitute the master's report.

(8) The term of any family master appointed before the effective date of this act shall expire upon the effective date of this act and any family master must receive appointment pursuant to the terms and provisions of this act before further service.

SECTION 2. This act shall take effect and be in force from and after July 1, 2002.