House Bill 683

AN ACT TO CHARGE AN ADDITIONAL ONE DOLLAR FEE IN ALL CIVIL CASES; TO REQUIRE THE CLERK OF ANY COURT TO COLLECT THE ADDITIONAL FEE AND DEPOSIT ALL SUCH FEES COLLECTED WITH THE STATE TREASURER; TO REQUIRE THE STATE TREASURER TO DEPOSIT THE COLLECTED FEE INTO THE COMMISSION ON JUDICIAL PERFORMANCE FUND; TO CREATE THE "COMMISSION ON JUDICIAL PERFORMANCE FUND"; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) In addition to any other fees or costs now or as may hereafter be provided by law, there is hereby charged in all civil cases in the chancery, circuit, county, justice and municipal courts of this state a judicial performance cost in the amount of One Dollar ($1.00), except in justice court cases where the amount sued for is less than Fifteen Dollars ($15.00). Such cost shall be collected by the clerk or judicial officer from the party bringing the civil action at the time of filing and taxed as costs.

(2) It shall be the duty of the clerk of any court to promptly collect the costs imposed pursuant to the provisions of subsection (1) of this section. In all cases, the clerk shall monthly deposit all such costs so collected with the State Treasurer either directly or by other appropriate procedures. All such deposits shall be clearly marked for the Commission on Judicial Performance Fund. Upon receipt of such deposits, the State Treasurer shall credit any amounts so deposited to the Commission on Judicial Performance Fund created pursuant to subsection (3) of this section.

(3) Assessments collected under subsection (2) of this section shall be deposited in a special fund created by the State Treasury and designated the "Commission on Judicial Performance Fund." Monies deposited in the fund shall be expended by the Commission on Judicial Performance as authorized and appropriated by the Legislature to defray the cost of performing the duties granted to the commission by the Mississippi Constitution of 1890.

SECTION 2. This act shall take effect and be in force from and after July 1, 2004.