Senate Bill 2948

AN ACT TO CREATE A SPECIAL FUND TO BE DESIGNATED AS THE LENGTHY TRIAL FUND; TO PROVIDE THAT MONEY REMAINING IN THE FUND AT THE END OF A FISCAL YEAR SHALL NOT LAPSE INTO THE STATE GENERAL FUND; TO PROVIDE THAT RULES SHALL BE PROMULGATED TO ADMINISTER THE FUND; TO REQUIRE ADDITIONAL COURT COST ON CIVIL CASES IN ORDER TO FUND THE PROGRAM; TO PROVIDE THAT MONIES IN THE FUND SHALL BE USED TO PROVIDE SALARY SUPPLEMENTATION TO JURORS SERVING ON CIVIL CASES IN WHICH THE TRIAL EXTENDS BEYOND 10 DAYS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) There is hereby created in the State Treasury a special fund designated as the Lengthy Trial Fund. The funds shall be administered by the Supreme Court through the Administrative Office of Courts. The Administrative Office of Courts may also accept monies from any public or private source for deposit into the fund. Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned from the investment of monies in the fund shall be deposited to the credit of the funds.

(2) The Supreme Court shall promulgate rules to administer the Lengthy Trial Fund; monies in the fund shall be used to provide full or partial wage replacement or wage supplementation to jurors who serve as petit jurors in civil cases for more than ten (10) days. The court rules shall provide for the following:

(i) The selection and appointment of an administrator for the fund.

(ii) Procedures for the administration of the fund, including payments of salaries of the administrator and other necessary personnel.

(iii) Procedures for the accounting, auditing and investment of money in the Lengthy Trial Fund.

(iv) A report by the Administrative Office of Courts on the administration of the Lengthy Trial Fund in its annual report on the judicial branch, setting forth the money collected for and disbursed from the fund.

(3) In addition to any other fees required under state law, each circuit clerk shall collect as additional cost on each civil case filed at the time of filing, unless otherwise exempted under applicable state law, an additional fee of Ten Dollars ($10.00) per case to be paid into the Lengthy Trial Fund. All such fees shall be forwarded to the Administrator of the Lengthy Trial Fund for deposit.

(4) The administrator shall use the fees deposited in the Lengthy Trial Fund to pay full or partial wage replacement or supplementation to jurors whose employers pay less than full regular wages when the period of jury service lasts more than ten (10) days as provided by state law.

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