MISSISSIPPI LEGISLATURE
2002 Regular Session
To: Juvenile Justice; Appropriations
By: Representative Blackmon
AN ACT TO AMEND SECTION 9-9-1, MISSISSIPPI CODE OF 1972, TO REVISE THE CONTINUATION OR ESTABLISHMENT OF COUNTY COURTS IN CERTAIN COUNTIES; TO AMEND SECTION 9-9-5, MISSISSIPPI CODE OF 1972, TO REVISE THE QUALIFICATION, ELECTION, TERM OF OFFICE AND FILLING OF VACANCIES OF THE OFFICE OF COUNTY COURT JUDGE; TO CODIFY SECTION 9-9-6, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ELECTION OF JUDGES IN NEWLY CREATED COUNTY COURT DISTRICTS; TO AMEND SECTION 9-9-11, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPENSATION OF THE OFFICE OF COUNTY COURT JUDGE; TO AMEND SECTIONS 23-15-975 AND 23-15-977, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; 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 INCLUDE COUNTY COURT JUDGES AS THOSE WHO ARE CONSERVATORS OF THE PEACE; TO AMEND SECTION 9-1-25, MISSISSIPPI CODE OF 1972, TO INCLUDE COUNTY COURT JUDGES AMONG THOSE WHO ARE NOT TO PRACTICE LAW; TO AMEND SECTION 9-1-35, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COUNTY COURT TO OBTAIN A SEAL; TO AMEND SECTION 9-1-36, MISSISSIPPI CODE OF 1972, TO INCLUDE COUNTY COURT JUDGES AMONG THOSE FOR WHOM AN OFFICE ALLOWANCE IS APPROPRIATED; TO AMEND SECTION 9-9-19, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE HOLDING OF COUNTY COURT IN CERTAIN COUNTIES; TO AMEND SECTIONS 9-9-21, 9-9-23, 43-21-107, 43-21-117, 43-21-123, 9-13-17 AND 9-13-61, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO AMEND SECTION 43-21-111, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CERTAIN STATE FUNDING OF YOUTH COURT REFEREES IN COUNTIES NOT HAVING A COUNTY COURT; TO REPEAL SECTION 9-9-3, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE ESTABLISHMENT OF A COUNTY COURT BY AGREEMENT BETWEEN TWO OR MORE COUNTIES; TO REPEAL SECTION 9-9-13, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES CERTAIN MUNICIPALITIES TO SUPPLEMENT THE SALARIES OF COUNTY JUDGES; TO REPEAL SECTION 9-9-14, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THREE COUNTY JUDGESHIPS FOR HARRISON COUNTY; TO REPEAL SECTION 9-9-15, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THREE COUNTY JUDGESHIPS FOR HINDS COUNTY; TO REPEAL SECTION 9-9-16, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES TWO COUNTY JUDGESHIPS FOR WASHINGTON COUNTY; TO REPEAL SECTION 9-9-17, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES TWO COUNTY JUDGESHIPS FOR JACKSON COUNTY; TO REPEAL SECTION 9-9-9, MISSISSIPPI CODE OF 1972, WHICH RESTRICTS THE PRACTICE OF LAW BY A COUNTY COURT JUDGE; TO REPEAL SECTION 9-9-37, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE ESTABLISHMENT OR ABOLITION OF COUNTY COURTS; TO REPEAL SECTION 9-9-39, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR TRANSFER OF PENDING MATTERS IN ANY COUNTY COURT THAT MAY BE ABOLISHED; TO REPEAL SECTION 9-9-41, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE ABOLITION OF COUNTY COURTS IN CERTAIN COUNTIES; TO REPEAL SECTION 9-9-43, MISSISSIPPI CODE OF 1972, WHICH REQUIRES LEGISLATIVE ACTION OR ELECTION FOR ABOLITION OF COUNTY COURTS IN CERTAIN COUNTIES; TO REPEAL SECTION 9-9-45, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE ESTABLISHMENT OR ABOLITION OF COUNTY COURTS UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 43-21-159, MISSISSIPPI CODE OF 1972, TO REVISE THE JURISDICTION OF THE YOUTH COURT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-9-1, Mississippi Code of 1972, is amended as follows:
9-9-1. (1) There shall be an inferior court to be known as the county court in and for each of the following single county districts:
Adams County;
Bolivar County;
DeSoto County;
Forrest County;
Hancock County;
Harrison County;
Hinds County;
Jackson County;
Jones County;
Lauderdale County;
Lee County;
Leflore County;
Lowndes County;
Madison County;
Pike County;
Rankin County;
Warren County;
Washington County; and
Yazoo County.
(2) There shall be an inferior court to be known as the county court in and for each of the following multicounty districts:
Alcorn and Prentiss Counties;
Coahoma and Tunica Counties;
Marshall, Benton and Tippah Counties;
Lafayette and Union Counties;
Holmes and Humphreys Counties;
Copiah, Claiborne and Jefferson Counties;
Lamar and Pearl River Counties;
Simpson, Smith and Covington Counties;
Jefferson Davis, Lawrence and Marion Counties;
Itawamba and Monroe Counties;
Tate and Panola Counties;
Grenada and Montgomery Counties; and
Oktibbeha and Winston Counties.
(3) (a) Except as provided in paragraph (b) of this subsection, there shall be one (1) county court judge for each county court district.
(b) There shall be two (2) county court judges for the county court of Jackson County, two (2) county court judges for the county court of Washington County, two (2) county court judges for the county court of Madison County, three (3) county court judges for the county court of Harrison County, and three (3) county court judges for the county court of Hinds County.
SECTION 2. Section 9-9-5, Mississippi Code of 1972, is amended as follows:
9-9-5. (1) The county judge shall possess all of the qualifications of a circuit judge as prescribed by the Mississippi Constitution. The county judge of a single county district must be a qualified elector of the county. The county judge of a multicounty district must be a qualified elector of any one (1) of the counties comprising the district. Except as provided in subsection (2) of this section, the county judge shall be elected by the qualified electors of the county 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 county judge shall be filled in the same manner as vacancies in the office of circuit judge.
(2) In a district having more than one (1) office of county court judge, there shall be no distinction whatsoever in the powers, duties and emoluments of those offices except that the judge who has been for the longest time continuously a judge of that court or, if no judge has served longer in office than the others, the judge who has been for the longest time a member of the Mississippi Bar shall be the senior judge. The senior judge shall have the right to assign causes and dockets and, in districts consisting of more than one (1) county, to set terms.
SECTION 3. The following shall be codified as Section 9-9-6, Mississippi Code of 1972:
9-9-6. (1) Those county court judges elected to a term beginning January 1, 1999, or appointed to fill a vacancy in such a judgeship shall continue to serve in those positions until the holder's death, resignation or disqualification, or upon expiration of term.
(2) Candidates for the initial terms in the multicounty districts shall have the qualifications prescribed in Section 9-9-5, and, notwithstanding the provisions of Section 23-15-977, shall file their intent to be a candidate and pay a fee of One Hundred Dollars ($100.00) with the State Board of Election Commissioners no later than September 1, 2002.
SECTION 4. Section 9-9-11, Mississippi Code of 1972, is amended as follows:
9-9-11. * * * The county court judge shall receive an annual salary payable monthly out of the State General Fund in the amount of One Thousand Dollars ($1,000.00) less than the annual salary that is now or * * * hereafter * * * provided for circuit and chancery judges of this state * * *. 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.
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SECTION 5. 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 and county court judge * * *. All those justices and judges shall be full-time positions and those justices 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 6. 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 5:00 p.m. on the first Friday after the first Monday in May before 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 7. Section 9-1-19, Mississippi Code of 1972, is amended as follows:
9-1-19. The judges of the Supreme, * * * circuit and county 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 8. Section 9-1-23, Mississippi Code of 1972, is amended as follows:
9-1-23. The judges of the Supreme, circuit 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 that conservators of the peace may lawfully do; and the circuit judges, * * * chancellors and county judges shall reside within their respective districts * * *.
SECTION 9. Section 9-1-25, Mississippi Code of 1972, is amended as follows:
9-1-25. It shall not be lawful for any judge of the Supreme Court, Court of Appeals or a judge of the circuit or county court, or a chancellor to exercise the profession or employment of an attorney or counselor at law, or to be engaged in the practice of law; and any person offending against this prohibition shall be guilty of a high misdemeanor and be removed from office; but this shall not prohibit a chancellor, * * * circuit judge, county judge or a judge of the Court of Appeals from practicing in any of the courts for a period of six (6) months from the time that the judges or chancellors assume office so far as to enable them to bring to a conclusion cases actually pending when they were appointed or elected in which the chancellor or judge was then employed, nor shall a judge of the Supreme Court be hindered from appearing in the courts of the United States in any case in which he was engaged when he was appointed or elected judge.
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 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, county judge and chancellor shall receive an office operating allowance for the expenses of operating the office of the 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. That allowance shall be paid only to the extent of actual expenses incurred by any such judge as itemized and certified by the judge to the Supreme Court and then in an amount of Four Thousand Dollars ($4,000.00) per annum; however, the judge may expend sums in excess of that amount 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 the court.
(2) In addition to the amounts provided for in subsection (1) of this section, there is * * * 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 of each year a proposed personnel plan setting forth what support staff is deemed necessary. The 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. The Administrative Office of Courts shall not approve any plan that 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 employees 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 under 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 of 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.
The Administrative Office of Courts may approve expenditure from the fund for additional equipment for support staff appointed under 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.
(6) For the purposes of this section, the following terms shall have the meaning ascribed in this subsection unless the context clearly requires otherwise:
(a) "Judges" means circuit judges, county 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;
(c) "Compensation" means the gross salary plus all amounts paid for benefits or otherwise as a result of employment or as required by employment; * * * however, * * * 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.
(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 Four Thousand Dollars ($4,000.00) per annum to defray the actual expenses incurred by the 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 that 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 under 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 under this section.
SECTION 12. Section 9-9-19, Mississippi Code of 1972, is amended as follows:
9-9-19. There shall be a * * * court to be styled "The County Court of the County of " * * * in each county of a county court district as determined to be necessary by the senior county court judge; but in counties where there are two (2) judicial districts and in multicounty county court districts, the county court shall be convened in each judicial district and in each county not less than four (4) times each year.
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SECTION 13. Section 9-9-21, Mississippi Code of 1972, is amended as follows:
9-9-21. (1) The jurisdiction of the county court shall be as follows: It shall have jurisdiction concurrent with the justice court in all matters, civil and criminal of which the justice court has jurisdiction; and it shall have jurisdiction concurrent with the circuit and chancery courts in all matters of law and equity in which the amount of value of the thing in controversy does not exceed, exclusive of costs and interest, the sum of Seventy-five Thousand Dollars ($75,000.00), and the jurisdiction of the county court shall not be affected by any setoff, counterclaim or cross-bill in those actions where the amount sought to be recovered in the setoff, counterclaim or cross-bill exceeds Seventy-five Thousand Dollars ($75,000.00). * * * However, the party filing a setoff, counterclaim or cross-bill that exceeds Seventy-five Thousand Dollars ($75,000.00) shall give notice to the opposite party or parties as provided in Section 13-3-83, and on motion of all parties filed within twenty (20) days after the filing of the setoff, counterclaim or cross-bill, the county court shall transfer the case to the circuit or chancery court in which the county court is situated and that would otherwise have jurisdiction. It shall have exclusively the jurisdiction previously exercised by the justice court in the following matters and causes: namely, eminent domain, the partition of personal property, and actions of unlawful entry and detainer, provided that the actions of eminent domain and unlawful entry and detainer may be returnable and triable before the judge of the court in vacation.
(2) In multicounty court districts, it shall be lawful for the court sitting in one (1) county to act upon any and all matters of which it has jurisdiction as provided by law arising in the other county under the jurisdiction of the court.
SECTION 14. Section 9-9-23, Mississippi Code of 1972, is amended as follows:
9-9-23. The county judge shall have power to issue writs, and to try matters, of habeas corpus on application to him therefor, or when made returnable before him by a superior judge. He shall also have the power to order the issuance of writs of certiorari, supersedeas, attachments, and other remedial writs in all cases pending in, or within the jurisdiction of, his court. He shall have the authority to issue search warrants in his district returnable to his own court or to any court of a justice court judge within his district in the same manner as is provided by law for the issuance of search warrants by justice court judges. In all cases pending in, or within the jurisdiction of, his court, he shall have, in termtime, and in vacation, the power to order, do or determine to the same extent and in the same manner as a justice court judge or a circuit judge or a chancellor could do in termtime or in vacation in those cases. But he shall not have original power to issue writs of injunction, or other remedial writs in equity or in law except in those cases * * * specified above in this section as being within his jurisdiction. * * * However, * * * when any judge or chancellor authorized to issue those writs of injunction, or any other equitable or legal remedial writs * * * reserved above in this section, so directs in writing the hearing of application therefor may be by him referred to the county judge, in which event the * * * direction of the superior judge shall vest in the * * * county judge all authority to take that action on the application as the * * * superior judge could have taken under the right and the law, had the * * * application been at all times before the * * * superior judge. The jurisdiction authorized under the foregoing proviso shall cease upon the denying or granting of the application.
SECTION 15. Section 43-21-107, Mississippi Code of 1972, is amended as follows:
43-21-107. (1) A youth court division is * * * created 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 is * * * created as a division of the chancery court of each county in which no county court * * * is maintained, and any chancellor within a chancery court district shall be the judge of the youth court of that county within that chancery court district unless another judge is named by the senior chancellor of the county or chancery court district as provided by this chapter.
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SECTION 16. Section 43-21-111, Mississippi Code of 1972, is amended as follows:
43-21-111. (1) In any county not having a county court, the judge may appoint as provided in Section 43-21-123 youth court 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 youth court referee shall hold office until removed by the judge. The requirement that youth court referees appointed under this subsection be attorneys shall apply only to youth court referees who were not first appointed regular or special referees before July 1, 1991.
(2) Any referee appointed under 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 will be satisfactory to fulfill the requirements of this section shall conform with the amount prescribed by the Rules and Regulations 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 those referees regarding that training. If a referee misses two (2) consecutive training sessions sponsored or approved by the Mississippi Judicial College as required by this subsection or fails to attend one (1) of those training sessions within six (6) months of their initial appointment as a referee, the referee shall be disqualified to serve and shall 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 * * * so orders.
(6) The salary for the referee shall be based on a formula established by the Administrative Office of Courts, which shall take into account the youth court's case load. The salary for a referee serving in one (1) county shall not exceed the salary of a member of the board of supervisors of that county. The salary of a referee serving two (2) or more counties shall not exceed an amount equal to the combined salaries of any one (1) member of the board of supervisors of the two (2) highest paid boards of supervisors of the counties serviced by that referee.
(7) * * * The judge of the chancery court may appoint a suitable person as referee to two (2) or more counties within his district * * *.
SECTION 17. Section 43-21-117, Mississippi Code of 1972, is amended as follows:
43-21-117. (1) The youth court prosecutor shall represent the petitioner in all proceedings in the youth court.
(2) The county prosecuting attorney shall serve as the youth court prosecutor; however, if funds are available under Section 43-21-123, the court may designate, as provided in subsection (3) of this section, a prosecutor or prosecutors in lieu of or in addition to the county prosecuting attorney. * * * The district attorney may participate in transfer proceedings.
(3) The judge may designate as provided in Section 43-21-123 some suitable attorney or attorneys to serve as youth court prosecutor or prosecutors in lieu of or in conjunction with the youth court prosecutor provided in subsection (2) of this section. The designated youth court prosecutor or prosecutors shall be paid a fee or salary 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 * * *.
(4) All youth court prosecutors and county prosecuting attorneys who serve as youth court prosecutors shall be required to receive juvenile justice training approved by the Mississippi Attorney General's office and regular annual continuing education in the field of juvenile justice. The Mississippi Attorney General's office shall determine the amount of juvenile justice training and annual continuing education that will be satisfactory to fulfill the requirements of this subsection. The Administrative Office of Courts shall maintain a roll of youth court prosecutors, shall enforce the provisions of this subsection and shall maintain records on all those youth court prosecutors regarding that training. If a youth court prosecutor misses two (2) consecutive training sessions sponsored by the Mississippi Attorney General's office as required by this subsection or fails to attend one (1) of those training sessions within six (6) months of their designation as youth court prosecutor, the youth court prosecutor shall be disqualified to serve and shall be immediately removed from the office of youth court prosecutor and another youth court prosecutor shall be designated.
SECTION 18. 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 * * * 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 those courts are constituted. In preparation for that funding, on an annual basis at the time requested, the youth court judge or administrator shall prepare and submit to the board of supervisors * * * an annual budget that 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 * * *, then the youth court or youth court judge may employ those persons as provided in the budget from time to time.
The board of supervisors of any county in which there is located a youth court may 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 those persons as budgeted.
SECTION 19. Section 9-13-17, Mississippi Code of 1972, is amended as follows:
9-13-17. The circuit judge, chancellor * * * or county judge may, by an order spread upon the minutes and made a part of the records of the court, appoint an additional court reporter for a term or part of a term whose duties, qualifications and compensation shall be the same as is now provided by law for official court reporters. The additional court reporter shall be subject to the control of the judge or chancellor, as is now provided by law for official court reporters, and the judge or chancellor shall have the additional power to terminate the appointment of that additional court reporter, whenever in his opinion the necessity for * * * an additional court reporter ceases to exist, by placing upon the minutes of the court an order to that effect. The regular court reporter shall not draw any compensation while the assistant court reporter alone is serving; however, if the assistant court reporter is serving because of the illness of the regular court reporter, the court may authorize payment of the assistant court reporter from the Administrative Office of Courts without diminution of the salary of the regular court reporter, for a period not to exceed forty-five (45) days in any one (1) calendar year. However, in any circuit, chancery or county * * * court district within the State of Mississippi, if the judge or chancellor * * * determines that in order to relieve the continuously crowded docket in the district, or for other good cause shown, the appointment of an additional court reporter is necessary for the proper administration of justice, he may, with the advice and consent of the board of supervisors if the court district is composed of a single county and with the advice and consent of at least one-half (1/2) of the boards of supervisors if the court district is composed of more than one (1) county, by an order spread upon the minutes and made a part of the records of the court, appoint an additional court reporter. The additional court reporter shall serve at the will and pleasure of the judge or chancellor, may be a resident of any county of the state, and shall be paid a salary designated by the judge or chancellor not to exceed the salary authorized by Section 9-13-19. The salary of the additional court reporter shall be paid by the Administrative Office of Courts, as provided in Section 9-13-19; and mileage shall be paid to the additional court reporter by the county as provided in the same section. The office of the additional court reporter appointed under this section shall not be abolished or compensation reduced during the term of office of the appointing judge or chancellor without the consent and approval of the appointing judge or chancellor.
SECTION 20. Section 9-13-61, Mississippi Code of 1972, is amended as follows:
9-13-61. There shall be an official court reporter for each county * * * judge in the State of Mississippi, to be appointed by that judge, for the purpose of performing the necessary and required stenographic work of the court or division thereof over which the appointing judge is presiding, that work to be performed under the direction of the judge and in the same manner and to the same effect as is provided in the chapter on court reporting.
* * * The reporters of the courts shall receive an annual salary of not less than Twenty-four Thousand Dollars ($24,000.00) and may, at the discretion of the board or boards of supervisors, receive a monthly salary equal to that of the reporter of the circuit court district in which the county lies, the same to be paid monthly by the county out of its general fund, in a single county court district, or by the counties out of their general funds, in a multicounty court district.
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SECTION 21. Section 9-9-3, Mississippi Code of 1972, which provides for the establishment of a county court by agreement between two (2) or more counties, is repealed.
SECTION 22. Section 9-9-9, Mississippi Code of 1972, which restricts the practice of law by a county court judge, is repealed.
SECTION 23. Section 9-9-13, Mississippi Code of 1972, which authorizes the governing body of certain municipalities to supplement the salaries of county judicial officers, is repealed.
SECTION 24. Section 9-9-14, Mississippi Code of 1972, which authorizes three (3) county judgeships for Harrison County, is repealed.
SECTION 25. Section 9-9-15, Mississippi Code of 1972, which authorizes three (3) county judgeships for Hinds County, is repealed.
SECTION 26. Section 9-9-16, Mississippi Code of 1972, which authorizes two (2) county judgeships for Washington County, is repealed.
SECTION 27. Section 9-9-17, Mississippi Code of 1972, which authorizes two (2) county judgeships for Jackson County, is repealed.
SECTION 28. Section 9-9-37, Mississippi Code of 1972, which provides for the establishment or abolition of county courts, is repealed.
SECTION 29. Section 9-9-39, Mississippi Code of 1972, which provides for transfer of pending matters in any county court that may be abolished, is repealed.
SECTION 30. Section 9-9-41, Mississippi Code of 1972, which provides for the abolition of county courts in certain counties, is repealed.
SECTION 31. Section 9-9-43, Mississippi Code of 1972, which requires legislation action or election for abolition of county courts in certain counties, is repealed.
SECTION 32. Section 9-9-45, Mississippi Code of 1972, which requires the establishment or abolition of county courts under certain circumstances, is repealed.
SECTION 33. Section 43-21-159, Mississippi Code of 1972, is amended as follows:
43-21-159. (1) When a person appears before a court other than the youth court, and it is determined that the person is a child under jurisdiction of the youth court, that court * * *, unless the jurisdiction of the offense has been transferred to the court as provided in this chapter, or unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult and was convicted, shall immediately dismiss the proceeding without prejudice and forward all documents pertaining to the cause to the youth court; and all entries in permanent records shall be expunged. The youth court shall have the power to order and supervise the expunction or the destruction of those records in accordance with Section 43-21-265. The youth court may to expunge the record of any case within its jurisdiction in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of the case. In cases where the child is charged with a hunting or fishing violation or a traffic violation, except for driving offenses under the Mississippi Implied Consent Law, whether it is any state or federal law, * * * or municipal ordinance or county resolution or where the child is charged with a violation of Section 67-3-70, the appropriate criminal court may proceed to dispose of the same in the same manner as for other * * * offenders and it shall not be necessary to transfer the case to the youth court of the county. The youth court, in addition to other action, may suspend the driver's license of any child charged with an offense under the Mississippi Implied Consent Law. Unless the cause has been transferred, or unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult * * * and was convicted, the youth court shall have power on its own motion to remove jurisdiction from any criminal court of any offense including a hunting or fishing violation, a traffic violation, or a violation of Section 67-3-70, committed by a child in a matter under the jurisdiction of the youth court and proceed with the matter in accordance with the provisions of this chapter.
(2) After conviction and sentence of any child by any other court having original jurisdiction on a misdemeanor charge, and within the time allowed for an appeal of the conviction and sentence, the youth court of the county shall have the full power to stay the execution of the sentence and to release the child on good behavior or on other order as the youth court may see fit to make unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult and was convicted. When a child is convicted of a misdemeanor and is committed to, incarcerated in or imprisoned in a jail or other place of detention by a criminal court having proper jurisdiction of the charge, the court shall notify the youth court judge or the judge's designee of the conviction and sentence before the commencement of the incarceration. The youth court shall have the power to order and supervise the destruction of any records involving children maintained by the criminal court in accordance with Section 43-21-265. However, the youth court shall have the power to set aside a judgment of any other court rendered in any matter over which the youth court has exclusive original jurisdiction, to expunge or destroy the records thereof in accordance with Section 43-21-265, and to order a refund of fines and costs.
(3) Nothing in subsection (1) or (2) of this section shall apply to a youth who has a pending charge or a conviction for any crime over which circuit court has original jurisdiction.
(4) In any case in which the defendant is a child as defined in this chapter and of which the circuit court has original jurisdiction, the circuit judge, upon a finding that it would be in the best interest of the child and in the interest of justice, may at any stage of the proceedings before the attachment of jeopardy transfer the proceedings to the youth court for further proceedings unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult and was convicted or has previously been convicted of a crime that was in original circuit court jurisdiction, and the youth court shall, upon acquiring jurisdiction, proceed as provided in this chapter for the adjudication and disposition of delinquent child proceeding proceedings. If the case is not transferred to the youth court and the youth is convicted of a crime by any circuit court, the trial judge shall sentence the youth as though the youth were an adult. The circuit court shall not have the authority to commit the child to the custody of the Office of Youth Services of the Department of Human Services for placement in a state-supported training school.
(5) In no event shall a court sentence an offender over the age of eighteen (18) to the custody of the Office of Youth Services for placement in a state-supported training school.
(6) When a child's driver's license is suspended by the youth court for any reason, the clerk of the youth court shall report the suspension, without a court order under Section 43-21-261, to the Commissioner of Public Safety in the same manner as those suspensions are reported in cases involving adults.
(7) No offense involving the use or possession of a firearm by a child who has reached his fifteenth birthday and which, if committed by an adult would be a felony, shall be transferred to the youth court.
SECTION 34. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature after 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 35. Section 3 of 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, and the remainder of this act shall take effect on that date or on January 1, 2003, whichever is later.