MISSISSIPPI LEGISLATURE
2006 Regular Session
To: Judiciary, Division A
By: Senator(s) Ross
AN ACT TO CREATE NEW SECTION 9-21-14, MISSISSIPPI CODE OF 1972, TO CREATE THE COMPREHENSIVE ELECTRONIC COURT SYSTEMS FUND; TO AMEND SECTIONS 25-7-9 AND 25-7-13, MISSISSIPPI CODE OF 1972, TO ENACT AN ADDITIONAL TEN-DOLLAR FEE ON CIVIL CASE FILINGS IN ORDER TO GENERATE FUNDS FOR CREATION, IMPLEMENTATION AND MAINTENANCE OF THE COMPREHENSIVE CASE MANAGEMENT AND ELECTRONIC FILING SYSTEM; TO CONFORM TO THE PROVISIONS OF HOUSE BILL NO. 1363 AND SENATE BILL NO. 2935, 2006 REGULAR SESSION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 9-21-14, Mississippi Code of 1972:
9-21-14. (1) There is created in the State Treasury a special fund to be known as the Comprehensive Electronic Court Systems Fund. The purpose of the fund shall be to provide funding for the development, implementation and maintenance of a comprehensive case management and electronic filing system, one of the purposes of which will be to provide duplicate dockets and case files at remote sites. The system will be designed to:
(a) Provide a framework for the seamless, transparent exchange of data among courts and with appropriate law enforcement, children's services and public welfare agencies.
(b) Allow judges and prosecutors to determine whether there are holds or warrants from other jurisdictions for defendants prior to release on bail or otherwise.
(c) Assist related agencies in tracking the court activity of individuals in all participating jurisdictions.
(d) Assist child protection and human services agencies to determine the status of children and caregivers in the participating jurisdictions.
(e) Duplicate and preserve court documents at remote sites so that they may be protected against catastrophic loss.
(f) Improve the ability of the Administrative Office of Courts and the state courts to handle efficiently monies flowing through the courts and to collect delinquent fees, fines and costs.
(g) Enable the state courts and clerks to generate management reports and analysis tools, allowing them to constantly track individual cases and the overall caseload.
(h) Provide a uniform system for docketing and tracking cases and to automatically generate status reports.
(i) Enable the Administrative Office of Courts to acquire statistical data promptly and efficiently.
(j) Make trial court and individual case dockets available to the public on-line through use of the Internet.
(2) Monies from the fund shall be distributed by the State Treasurer upon warrants issued by the Administrative Office of Courts.
(3) The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
(a) Monies appropriated by the Legislature for the purposes of funding the comprehensive case management and electronic filing system;
(b) The interest accruing to the fund;
(c) Monies received from the federal government;
(d) Donations; and
(e) Monies received from such other sources as may be provided by law.
(4) The Supreme Court shall utilize as a pilot program any case management and electronic filing system of the Three Rivers Planning and Development District or that of any county or vendor that complies with the data and case management and electronic filing policy standards adopted by the Supreme Court. No statewide comprehensive case management and electronic system shall be implemented by the Mississippi Supreme Court unless such system is approved by the Legislature.
SECTION 2. Section 25-7-9, Mississippi Code of 1972, as amended by House Bill No. 1363, 2006 Regular Session, is amended as follows:
25-7-9. (1) The clerks of the chancery courts shall charge the following fees:
(a) For the act of certifying copies of filed documents, for each complete document. $ 1.00
(b) (i) Recording deeds, wills, leases, amendments, subordinations, liens, releases, cancellations, orders, decrees, oaths, etc., including indexing; for the first fifteen (15)
pages....................................... $ 10.00
Each additional page.............. 1.00
(ii) Sectional index entries per section or subdivision lot.................. 1.00
(iii) Recording each cancellation
per deed of trust............................... 10.00
(c) Recording deeds of trust, for the first fifteen (15) pages.......................... $ 15.00
Each additional page.............. 1.00
Sectional index entries per section or subdivision
lot......................................... 1.00
(d) (i) Recording oil and gas leases,
cancellations, etc., including indexing in general
indices; for the first fifteen (15) pages .. $ 18.00
Each additional page.............. 1.00
(ii) Sectional index entries per section or subdivision lot.................. 1.00
(iii) Recording each oil and gas
assignment per assignee......................... 18.00
(e) Furnishing copies of any papers of record or on file and entering marginal notations on documents of record:
If performed by the clerk or his employee,
per page.................................... $ .50
If performed by any other person, per page. .25
(f) For each day's attendance on the board of supervisors, for himself and one (1) deputy, each$ 20.00
(g) For other services as clerk of the board of supervisors an allowance shall be made to him (payable semiannually at the July and January meetings) out of the county treasury, an annual sum not exceeding............................... $3,000.00
(h) For each day's attendance on the chancery court, to be approved by the chancellor:
For the first chancellor sitting only, clerk and two (2) deputies, each...................... $ 50.00
For the second chancellor sitting, clerk only$ 50.00
Provided that the fees herein prescribed shall be the total remuneration for the clerk and his deputies for attending chancery court.
(i) On order of the court, clerks and not more than two (2) deputies may be allowed five (5) extra days for each term of court for attendance upon the court to get up records.
(j) For public service not otherwise specifically provided for, the chancery court may by order allow the clerk to be paid by the county on the order of the board of supervisors, an annual sum not exceeding................................... $5,000.00
The chancery clerk shall itemize on the original document a detailed fee bill of all charges due or paid for filing, recording and abstracting same. No person shall be required to pay such fees until same have been so itemized, but said fees may be demanded before the document is recorded.
(2) In accordance with Uniform Chancery Court Rule 9.01 as approved by Order of the Mississippi Supreme Court, the following fees shall be a total fee for all services performed by the clerk with respect to a complaint which shall be payable upon filing and shall accrue to the chancery clerk at the time of filing. The clerk or his successor in office shall perform all duties set forth without additional compensation or fee to wit:
(a) Divorce to be contested......... $75.00
(b) Divorce uncontested............. 30.00
(c) Alteration of birth or marriage certificate.................................... 25.00
(d) Removal of minority............. 25.00
(e) Guardianship or conservatorship. 75.00
(f) Estate of deceased, intestate... 75.00
(g) Estate of deceased, testate..... 75.00
(h) Adoption........................ 75.00
(i) Land dispute.................... 75.00
(j) Injunction...................... 75.00
(k) Settlement of small claim....... 30.00
(l) Contempt in child support....... 75.00
(m) Partition suit.................. 75.00
(n) Any cross-complaint............. 25.00
(3) For every civil case filed, an additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14........................................ $10.00
(4) Cost of process shall be borne by the issuing party. Additionally, should the attorney or person filing the pleadings desire the clerk to pay the cost to the sheriff for serving process on one person or more, or to pay the cost of publication, the clerk shall demand the actual charges therefor, at the time of filing.
SECTION 3. Section 25-7-13, Mississippi Code of 1972, as amended by Senate Bill No. 2935, 2006 Regular Session, is amended as follows:
25-7-13. (1) The clerks of the circuit court shall charge the following fees:
(a) Docketing, filing, marking and registering each complaint, petition and indictment............................................... $75.00
The fee set forth in this paragraph shall be the total fee for all services performed by the clerk up to and including entry of judgment with respect to each complaint, petition or indictment, including all answers, claims, orders, continuances and other papers filed therein, issuing each writ, summons, subpoena or other such instruments, swearing witnesses, taking and recording bonds and pleas, and recording judgments, orders, fiats and certificates; the fee shall be payable upon filing and shall accrue to the clerk at the time of collection. The clerk or his successor in office shall perform all duties set forth above without additional compensation or fee.
(b) Docketing and filing each motion to renew judgment, suggestion for a writ of garnishment, suggestion for a writ of execution and judgment debtor actions and issuing all process, filing and recording orders or other papers and swearing
witnesses...................................... $30.00
(c) For every civil case filed, an additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14................. $10.00
(2) Except as provided in subsection (1) of this section, the clerks of the circuit court shall charge the following fees:
(a) Filing and marking each order or other paper and recording and indexing same.......... $ 2.00
(b) Issuing each writ, summons, subpoena, citation, capias and other such instruments.... $ 1.00
(c) Administering an oath and taking bond$ 2.00
(d) Certifying copies of filed documents, for each complete document..................... $ 1.00
(e) Recording orders, fiats, licenses, certificates, oaths and bonds:
First page...................... $ 2.00
Each additional page............ $ 1.00
(f) Furnishing copies of any papers of record or on file and entering marginal notations on documents of record:
If performed by the clerk or his employee,
per page....................................... $ 1.00
If performed by any other person, per page........................................... $ .25
(g) Judgment roll entry............. $ 5.00
(h) Taxing cost and certificate..... $ 1.00
(i) For taking and recording application for marriage license, for filing and recording consent of parents when required by law, for filing and recording medical certificate, filing and recording proof of age, recording and issuing license, recording and filing returns................................. $20.00
The clerk shall deposit Fourteen Dollars ($14.00) of each fee collected for a marriage license in the Victims of Domestic Violence Fund established in Section 93-21-117, on a monthly basis.
(j) For certified copy of marriage license and search of record, the same fee charged by the Bureau of Vital Statistics of the State Board of Health.
(k) For public service not particularly provided for, the circuit court may allow the clerk, per annum, to be paid by the county on presentation of the circuit court's order, the following amount............................................ $5,000.00
However, in the counties having two (2) judicial districts, such above allowance shall be made for each judicial district.
(l) For drawing jurors and issuing venire, to be paid by the county....................... $ 5.00
(m) For each day's attendance upon the circuit court term, for himself and necessary deputies allowed by the court, each to be paid by the county............................................... $50.00
(n) Summons, each juror to be paid by the county upon the allowance of the court......... $ 1.00
(o) For issuing each grand jury subpoena, to be paid by the county on allowance by the court, not to exceed Twenty-five Dollars ($25.00) in any one (1) term of court.................................. $ 1.00
(3) On order of the court, clerks and deputies may be allowed five (5) extra days for attendance upon the court to get up records.
(4) The clerk's fees in state cases where the state fails in the prosecution, or in cases of felony where the defendant is convicted and the cost cannot be made out of his estate, in an amount not to exceed Four Hundred Dollars ($400.00) in one (1) year, shall be paid out of the county treasury on approval of the circuit court, and the allowance thereof by the board of supervisors of the county. In counties having two (2) judicial districts, such allowance shall be made in each judicial district; however, the maximum thereof shall not exceed Eight Hundred Dollars ($800.00). Clerks in the circuit court, in cases where appeals are taken in criminal cases and no appeal bond is filed, shall be allowed by the board of supervisors of the county after approval of their accounts by the circuit court, in addition to the above fees, for making such transcript the rate of Two Dollars ($2.00) per page.
(5) The clerk of the circuit court may retain as his commission on all money coming into his hands, by law or order of the court, a sum to be fixed by the court not exceeding one-half of one percent (1/2 of 1%) on all such sums.
(6) For making final records required by law, including, but not limited to, circuit and county court minutes, and furnishing transcripts of records, the circuit clerk shall charge Two Dollars ($2.00) per page. The same fees shall be allowed to all officers for making and certifying copies of records or papers which they are authorized to copy and certify.
(7) The circuit clerk shall prepare an itemized statement of fees for services performed, cost incurred, or for furnishing copies of any papers of record or on file, and shall submit the statement to the parties or, if represented, to their attorneys within sixty (60) days. A bill for same shall accompany the statement.
SECTION 4. It is the intent of the Legislature that the amendments contained in Sections 2 and 3 of this act shall be integrated with the amendments to the corresponding code sections contained in House Bill No. 1363 and House Bill No. 961, and Senate Bill No. 2935, 2006 Regular Session, without regard to the effective date of such acts.
SECTION 5. This act shall take effect and be in force from and after July 1, 2006.