House Bill 1033

(As Passed the House)

AN ACT TO AMEND SECTION 21-23-3, MISSISSIPPI CODE OF 1972, TO REMOVE THE PROVISION OF LAW THAT REQUIRES MUNICIPALITIES HAVING A POPULATION IN EXCESS OF 50,000 ACCORDING TO THE LATEST FEDERAL DECENNIAL CENSUS TO COMPENSATE ALL MUNICIPAL JUDGES THE SAME; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 21-23-3, Mississippi Code of 1972, is amended as follows:

21-23-3. In all municipalities having a population of ten thousand (10,000) or more, according to the latest available federal census, there shall be a municipal judge and a prosecuting attorney, both of whom shall be appointed by the governing authorities of the municipality at the time provided for the appointment of other officers. Such municipal judge shall be a qualified elector of the county in which the municipality is located and shall be an attorney at law. Such municipal judge and prosecuting attorney shall receive a salary, to be paid by the municipality, and to be fixed by the governing authorities of the municipality.

In any proceeding in which a conflict of interest arises for the prosecuting attorney, or any other reason dictates that he recuse himself, the mayor of the municipality may appoint a special prosecuting attorney for that particular proceeding. Such special prosecuting attorney shall be compensated for his services in the same manner and amount as allowed under Section 21-23-7 for appointed counsel for indigent persons.

Provided, however, the governing authorities of any municipality having a population in excess of ten thousand (10,000) persons according to the latest available federal census and situated in a county having an area in excess of nine hundred thirty-five (935) square miles and having a county court may, in their discretion, follow the provisions as set out in Section 21-23-5 for municipalities having a population of less than ten thousand (10,000).

Provided, further, the governing authorities of any municipality having a population in excess of fifty thousand (50,000) according to the latest federal decennial census may, in their discretion, provide for the appointment of not more than five (5) municipal judges for said municipality, each of whom shall * * * exercise the same authority and prerogatives of their office, regardless of the presence or absence of the other municipal judges.

SECTION 2. 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 3. 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.