Senate Bill 2759

(As Passed the Senate)

AN ACT TO AMEND SECTION 21-23-3, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT OF EQUAL PAY FOR ALL MUNICIPAL JUDGES IN MUNICIPALITIES AUTHORIZED TO APPOINT FIVE MUNICIPAL JUDGES; 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 authority of the municipality at the time provided for the appointment of other officers. The municipal judge shall be a qualified elector of the county in which the municipality is located and shall be an attorney at law. The municipal judge and prosecuting attorney shall receive a salary, to be paid by the municipality, and to be fixed by the governing authority 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. The special prosecuting attorney shall be compensated * * * in the same manner and amount as allowed under Section 21-23-7 for appointed counsel for indigent persons.

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

SECTION 2. This act shall take effect and be in force from and after July 1, 2006.