Senate Bill 2475

AN ACT TO AMEND SECTION 25-3-36, MISSISSIPPI CODE OF 1972, TO REVISE THE SALARIES OF JUSTICE COURT JUDGES TO CORRELATE WITH THE NUMBER OF JUDGES IN THE COUNTY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-3-36, Mississippi Code of 1972, is amended as follows:

25-3-36. (1) Every justice court judge shall receive as full compensation for his or her services and in lieu of any and all other fees, costs or compensation heretofore authorized for such justice court judge, an annual salary * * * determined as follows:

(a) Until July 1, 2008:

(i) In counties having five (5) justice court judges, Sixty-one Thousand One Hundred Fifteen Dollars ($61,115.00).

(ii) In counties having four (4) justice court judges, Fifty-six Thousand One Hundred Six Dollars ($56,106.00).

(iii) In counties having three (3) justice court judges, Fifty-one Thousand Ninety-six Dollars ($51,096.00).

(iv) In counties having two (2) justice court judges, Thirty-four Thousand Dollars ($34,000.00).

(b) From July 1, 2008, until July 1, 2009:

(i) In counties having five (5) justice court judges, Sixty-seven Thousand Two Hundred Twenty Dollars ($67,220.00).

(ii) In counties having four (4) justice court judges, Sixty-one Thousand Seven Hundred Dollars ($61,700.00).

(iii) In counties having three (3) justice court judges, Fifty-six Thousand Two Hundred Dollars ($56,200.00).

(iv) In counties having two (2) justice court judges, Thirty-seven Thousand Four Hundred Dollars ($37,400.00).

(i) In counties having five (5) justice court judges, Seventy-three Thousand Nine Hundred Fifty Dollars ($73,950.00).

(ii) In counties having four (4) justice court judges, Sixty-seven Thousand Eight Hundred Ninety Dollars ($67,890.00).

(iii) In counties having three (3) justice court judges, Sixty-one Thousand Eight Hundred Twenty-six Dollars ($61,826.00).

(iv) In counties having two (2) justice court judges, Forty-one Thousand One Hundred Forty Dollars ($41,140.00).

* * *

(2) From and after January 1, 1984, all fees, costs, fines and penalties charged and collected in the justice court shall be paid to the clerk of the justice court for deposit, along with monies from cash bonds and other monies which have been forfeited in criminal cases, into the general fund of the county as provided in Section 9-11-19; and the clerk of the board of supervisors shall be authorized and empowered, upon approval by the board of supervisors, to make disbursements and withdrawals from the general fund of the county in order to pay any reasonable and necessary expenses incurred in complying with this section, including payment of the salaries of justice court judges as provided by subsection (1) of this section. The provisions of this subsection shall not, except as to cash bonds and other monies which have been forfeited in criminal cases, apply to monies required to be deposited in the justice court clerk clearing account as provided in Section 9-11-18, Mississippi Code of 1972.

(3) The salaries provided for in this section shall be payable monthly by warrant drawn by the clerk of the board of supervisors on the general fund of the county; however, the board of supervisors, by resolution duly adopted and entered on its minutes, may provide that such salaries shall be paid semimonthly on the first and fifteenth day of each month. If a pay date falls on a weekend or legal holiday, salary payments shall be made on the workday immediately preceding the weekend or legal holiday.

(4) Provided, that the salary of any justice court judge shall not be reduced during his term of office as a result of a population change following a federal decennial census.

(5) Any justice court judge who is unable to attend and hold court by reason of being under suspension by the Commission on Judicial Performance or the Mississippi Supreme Court shall not receive a salary while under such suspension.

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, or October 1, 2007, whichever occurs later.