Senate Bill 2789

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTIONS 9-3-27 AND 9-4-13, MISSISSIPPI CODE OF 1972, TO PROVIDE SALARY LIMITATIONS FOR CERTAIN SUPPORT STAFF MEMBERS OF THE SUPREME COURT AND COURT OF APPEALS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 9-3-27, Mississippi Code of 1972, is amended as follows:

9-3-27. (1) The justices of the Supreme Court are authorized and empowered to employ such number of secretaries, legal research assistants and other support staff as the court may deem necessary for its efficient operation, provided, that legal research assistants * * * shall be qualified members of The Mississippi * * * Bar or qualified for admission thereto * * *. They shall each receive a salary to be fixed by the justices of the Supreme Court, through an order entered on the minutes of the court, within the appropriation for the payment of * * * salaries in the Supreme Court. The salaries of the legal research assistants shall not exceed ninety percent (90%) of the salary of a District Attorney, as set forth in Section 25-3-35, as follows:

(a) Director, Central Legal Staff, a salary not to exceed ninety percent (90%) of the salary of a District Attorney.

(b) Editor of Supreme Court Opinions, a salary not to exceed ninety percent (90%) of the salary of a District Attorney.

(c) Senior Staff Attorney with fifteen (15) years or more experience, a salary not to exceed eighty percent (80%) of the salary of a District Attorney.

(d) Senior Staff Attorney with eight (8) to fifteen (15) years of experience, a salary not to exceed seventy-five percent (75%) of the salary of a District Attorney.

(e) Senior Staff Attorney with four (4) to eight (8) years of experience, a salary not to exceed seventy percent (70%) of the salary of a District Attorney.

(f) Law Clerk with four (4) to eight (8) years of experience, a salary not to exceed fifty percent (50%) of the salary of a District Attorney.

(g) Law Clerk with less than four (4) years of experience, a salary not to exceed forty-five percent (45%) of the salary of a District Attorney.

(2) Support staff members, upon entering into the discharge of their duties, shall take an oath to be administered by one of the justices of the court that they will faithfully discharge the duties of their office and that they will not disclose the secrets or deliberations of the court, and they shall be removed at the pleasure of the court. The support staff members shall be paid on a certificate by the chief justice or by a justice appointed by the chief justice to so act to the Auditor of Public Accounts, who shall issue a warrant for the amount or amounts so certified to the State Treasurer.

SECTION 2. Section 9-4-13, Mississippi Code of 1972, is amended as follows:

9-4-13. (1) The judges of the Court of Appeals shall receive salaries as provided * * * in Section 25-3-35, shall be reimbursed for mileage expenses incurred in performing their duties at the rate authorized by law for public officials and employees as provided * * * in Section 25-3-41, and shall receive an expense allowance as provided * * * in Section 25-3-43.

(2) Staff attorneys, senior staff attorneys, law clerks and all other employees of the Court of Appeals shall be of the same grade classification and bear the same salary restrictions as Supreme Court employees performing the same or similar duties.

SECTION 3. This act shall take effect and be in force from and after July 1, 2006.