MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Fees and Salaries of Public Officers
By: Representative Holland
AN ACT TO AMEND SECTION 25-3-35, MISSISSIPPI CODE OF 1972, TO ALLOW SUPPLEMENTAL PAY FOR A DISTRICT ATTORNEY IN AN AMOUNT NOT TO EXCEED $8,300.00 WHICH MAY BE PAID FROM ANY SOURCE, OTHER THAN THE STATE TREASURY; TO BRING FORWARD SECTIONS 25-31-5 AND 25-31-10 FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-3-35, Mississippi Code of 1972, is amended as follows:
25-3-35. (1) The annual salaries of the following judges are fixed as follows, to begin at the commencement of the next term of office immediately succeeding the existing term:
Chief Justice of the Supreme Court............. $115,390.00
Presiding Justice of the Supreme Court......... 113,190.00
Associate Justices of the Supreme Court, each.. 112,530.00
However, in addition to their present official duties, there are imposed upon the Supreme Court justices the extra duties of making a special study of existing laws and reporting to each regular session of the Legislature such constructive suggestions as they may deem necessary for the improvement of the administration of justice, and of identifying and directing the State Librarian to apply for grants and donations from any public or private source for the purpose of enhancing the holdings of the State Law Library, and of advising and counseling with the State Librarian in the selection of law books for purchase and use in the State Law Library, advising with the librarian thereof upon the removal from the library of any books which may be the least frequently used, and for the placing of same in a convenient location so as to provide additional space for such books and other current publications which may be more frequently used or called for. For such extra services each justice, from and after January 1, 2004, shall receive a sum sufficient when added to the present salaries of the justices to aggregate One Hundred Fifteen Thousand Three Hundred Ninety Dollars ($115,390.00) for the Chief Justice, One Hundred Thirteen Thousand One Hundred Ninety Dollars ($113,190.00) for the presiding justice, and One Hundred Twelve Thousand Five Hundred Thirty Dollars ($112,530.00) for associate justices, per annum. As each existing term expires and the above-captioned salaries become effective in due course, the extra duties and compensation provided for shall cease.
The fixed salaries as specified in this subsection (1) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.
(2) The annual salaries of the judges of the Court of Appeals of Mississippi are fixed as follows, to begin at the commencement of the next term of office immediately succeeding the existing term:
Chief Judge of the Court of Appeals............ $108,130.00
Associate Judges of the Court of Appeals, each. 105,050.00
However, in addition to their present official duties, there are imposed upon the judges of the Court of Appeals the extra duties of making a special study of existing laws and reporting to the Supreme Court of the State of Mississippi such constructive suggestions as they may deem necessary for the improvement of the administration of justice, and assisting in advising and counseling with the State Librarian in the selection of law books for purchase and use in the State Law Library, assisting in advising with the librarian thereof upon the removal from the library of any books which may be the least frequently used, and for the placing of same in a convenient location so as to provide additional space for such books and other current publications which may be more frequently used or called for. For such extra services each judge, from and after January 1, 2004, shall receive a sum sufficient when added to the present salaries of the judges to aggregate One Hundred Eight Thousand One Hundred Thirty Dollars ($108,130.00) for the Chief Judge and One Hundred Five Thousand Fifty Dollars ($105,050.00) for associate judges, per annum. As each existing term expires and the above-captioned salaries become effective in due course, the extra duties and compensation provided for shall cease.
The fixed salaries as specified in this subsection (2) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.
(3) The annual salaries of the chancery and circuit court judges are fixed as follows, to begin at the commencement of the next term of office immediately succeeding the existing term:
Chancery Judges, each.......................... $104,170.00
Circuit Judges, each........................... 104,170.00
In addition to their present official duties, there are imposed upon the chancery and circuit court judges the extra duties of making a special study of existing laws relating to trial courts and reporting to the Supreme Court of the State of Mississippi such constructive suggestions as they may deem necessary for the improvement of the administration of justice, which shall be recommended to the Legislature by the Supreme Court in the manner provided by law. The judges shall advise and supervise in the purchase of law books for the libraries of each district, and shall study and evaluate the inventory of books and facilities now existing in the libraries of each district to effect the removal and relocation of obsolete publications so as to provide additional space for those books and current publications more frequently used. The judges shall seek and identify any grants and donations from any public or private source for the purpose of enhancing the holdings of the libraries of each district. The judges shall study the existing rules promulgated by the circuit and chancery court judicial associations governing the operation of chancery and circuit courts, and revise the same pursuant to existing laws. For such extra services each judge, from and after January 1, 2004, shall receive a sum sufficient when added to the present salaries of the judges to aggregate One Hundred Four Thousand One Hundred Seventy Dollars ($104,170.00) per annum for each judge. Upon the expiration of the existing term, the above-captioned salaries become effective in due course, and the extra duties and compensation provided for shall cease.
(4) The Supreme Court shall prepare a payroll for chancery judges and circuit judges and submit such payroll to the Department of Finance and Administration.
(5) The annual salary of the full-time district attorneys shall be Ninety-five Thousand Seven Hundred Ninety-six Dollars ($95,796.00).
(6) A district attorney's annual salary may be supplemented in an amount not to exceed Eight Thousand Three Hundred Dollars ($8,300.00) per annum payable monthly in the form of either a supplemental salary, expenses and fringe benefits which may be paid from any source, other than the State Treasury including, but is not limited to, office generated funds, funds from a county, a combination of counties, a municipality, a combination of municipalities, a county and a municipality, a combination of counties and municipalities, federal funds, private grants or foundations, or by means of an Interlocal Cooperative Agreement authorized by Section 17-13-1. Such supplemental salary, expenses and fringe benefits may either be paid from district attorney accounts, transferred by the district attorney to the Department of Finance and Administration or to one or more of the separate counties comprising the circuit court district, and said funds shall be disbursed to the district attorney in the same manner as the state-funded salary.
(7) The annual salary of the full-time legal assistants shall be not less than Fifteen Thousand Dollars ($15,000.00) nor more than eighty percent (80%) of the salary of the district attorney for legal assistants who have been licensed to practice law for five (5) years or less; eighty-five percent (85%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least five (5) years but less than fifteen (15) years; and ninety percent (90%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least fifteen (15) years or more.
SECTION 2. Section 25-31-5, Mississippi Code of 1972, is brought forward as follows:
25-31-5. (1) The following number of full-time legal assistants are authorized in the following circuit court districts:
(a) First Circuit Court District........ eight (8)
legal assistants.
(b) Second Circuit Court District....... nine (9)
legal assistants.
(c) Third Circuit Court District........ five (5)
legal assistants.
(d) Fourth Circuit Court District....... five (5)
legal assistants.
(e) Fifth Circuit Court District........ five (5)
legal assistants.
(f) Sixth Circuit Court District........ two (2)
legal assistants.
(g) Seventh Circuit Court District...... eleven (11)
legal assistants.
(h) Eighth Circuit Court District....... three (3)
legal assistants.
(i) Ninth Circuit Court District........ two (2)
legal assistants.
(j) Tenth Circuit Court District........ four (4)
legal assistants.
(k) Eleventh Circuit Court District..... five (5)
legal assistants.
(l) Twelfth Circuit Court District...... four (4)
legal assistants.
(m) Thirteenth Circuit Court District... three (3)
legal assistants.
(n) Fourteenth Circuit Court District... four (4)
legal assistants.
(o) Fifteenth Circuit Court District.... five (5)
legal assistants.
(p) Sixteenth Circuit Court District.... four (4)
legal assistants.
(q) Seventeenth Circuit Court District.. six (6)
legal assistants.
(r) Eighteenth Circuit Court District... two (2)
legal assistants.
(s) Nineteenth Circuit Court District... four (4)
legal assistants.
(t) Twentieth Circuit Court District.... four (4)
legal assistants.
(u) Twenty-first Circuit Court District. two (2)
legal assistants.
(v) Twenty-second Circuit Court District two (2)
legal assistants.
(2) In addition to any legal assistants authorized pursuant to subsection (1) of this section, the following number of full-time legal assistants are authorized (i) in the following circuit court districts if funds are appropriated by the Legislature to adequately fund the salaries, expenses and fringe benefits of such legal assistants, or (ii) in any of the following circuit court districts in which the board of supervisors of one or more of the counties in a circuit court district adopts a resolution to pay all of the salaries, supplemental pay, expenses and fringe benefits of legal assistants authorized in such district pursuant to this subsection:
(a) First Circuit Court District......... two (2)
legal assistants.
(b) Second Circuit Court District........ two (2)
legal assistants.
(c) Third Circuit Court District......... two (2)
legal assistants.
(d) Fourth Circuit Court District........ two (2)
legal assistants.
(e) Fifth Circuit Court District......... two (2)
legal assistants.
(f) Sixth Circuit Court District......... two (2)
legal assistants.
(g) Seventh Circuit Court District....... two (2)
legal assistants.
(h) Eighth Circuit Court District........ two (2)
legal assistants.
(i) Ninth Circuit Court District......... two (2)
legal assistants.
(j) Tenth Circuit Court District......... two (2)
legal assistants.
(k) Eleventh Circuit Court District...... two (2)
legal assistants.
(l) Twelfth Circuit Court District....... two (2)
legal assistants.
(m) Thirteenth Circuit Court District.... two (2)
legal assistants.
(n) Fourteenth Circuit Court District.... two (2)
legal assistants.
(o) Fifteenth Circuit Court District..... two (2)
legal assistants.
(p) Sixteenth Circuit Court District..... two (2)
legal assistants.
(q) Seventeenth Circuit Court District... two (2)
legal assistants.
(r) Eighteenth Circuit Court District.... two (2)
legal assistants.
(s) Nineteenth Circuit Court District.... two (2)
legal assistants.
(t) Twentieth Circuit Court District..... two (2)
legal assistants.
(u) Twenty-first Circuit Court District.. two (2)
legal assistants.
(v) Twenty-second Circuit Court District. two (2)
legal assistants.
(3) The board of supervisors of any county may pay all or a part of the salary, supplemental pay, expenses and fringe benefits of any district attorney or legal assistant authorized in the circuit court district to which such county belongs pursuant to this section.
(4) The district attorney of any circuit court district may employ additional legal assistants or criminal investigators, or both, without regard to any limitation on the number of legal assistants authorized in this section or criminal investigators authorized by other provisions of law to the extent that the district attorney's office receives federal funds which may be expended for those positions in an amount sufficient to pay all of the salary, supplemental pay, expenses and fringe benefits of the positions. Such funds shall be transferred by the district attorney to the Department of Finance and Administration, which shall disburse the funds to such employees in the same manner as state-funded criminal investigators and full-time legal assistants.
(5) The district attorney shall be authorized to assign the duties of a legal assistant regardless of the source of funding for such legal assistants.
SECTION 3. Section 25-31-10, Mississippi Code of 1972, is brought forward as follows:
25-31-10. (1) Any district attorney may appoint a full-time criminal investigator.
(2) The district attorneys of the Third, Fifth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth and Twentieth Circuit Court Districts may appoint one (1) additional full-time criminal investigator for a total of two (2) full-time criminal investigators.
(3) The district attorneys of the First, Second, Fourth, Seventh and Nineteenth Circuit Court Districts may appoint two (2) additional full-time criminal investigators for a total of three (3) full-time criminal investigators.
(4) No district attorney or assistant district attorney shall accept any private employment, civil or criminal, in any matter investigated by such criminal investigators.
(5) The full and complete compensation for all public duties rendered by said criminal investigators shall be not more than Fifty-nine Thousand Five Hundred Dollars ($59,500.00) per annum, to be determined at the discretion of the district attorney based upon the qualifications, education and experience of the criminal investigator, plus necessary travel and other expenses, to be paid in accordance with Section 25-31-8. However, the maximum salary under this subsection for a criminal investigator who has a law degree may be supplemented by the district attorney from other available funds, but not to exceed the maximum salary for a legal assistant to a district attorney.
(6) Any criminal investigator may be designated by the district attorney to attend the Law Enforcement Officers Training Program set forth in Section 45-6-1 et seq., Mississippi Code of 1972. The total expenses associated with attendance by criminal investigators at the Law Enforcement Officers Training Program shall be paid out of the funds of the appropriate district attorney.
(7) The district attorney shall be authorized to assign the duties of criminal investigators regardless of the source of funding for such criminal investigators.
SECTION 4. 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 5. 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.