MISSISSIPPI LEGISLATURE

2011 Regular Session

To: County Affairs

By: Senator(s) Davis

Senate Bill 2918

AN ACT TO AMEND SECTION 9-17-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SALARY OF THE COUNTY COURT ADMINISTRATOR SHALL BE PAID BY THE PARTICIPATING COUNTY DIRECTLY TO THE ADMINISTRATOR IN THE SAME MANNER AS OTHER COUNTY EMPLOYEES ARE COMPENSATED; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 9-17-1, Mississippi Code of 1972, is amended as follows:

     9-17-1.  (1)  The judges and chancellors of judicial districts, including chancery, circuit and county courts, may, in their discretion, jointly or independently, establish the office of court administrator in any county by an order entered on the minutes of each participating court in the county.

     The establishment of the office of court administrator shall be accomplished by vote of a majority of the participating judges and chancellors in the county, and such court administrator shall be appointed by vote of a majority of the judges or chancellors  and may be removed by a majority vote of the judges or chancellors.  In case of a tie vote, the senior judge or senior chancellor shall cast two (2) votes.

     (2)  The court administrator shall be provided office space in the same manner as such is afforded the judges and chancellors.

     (3)  The annual salary of each court administrator appointed pursuant to this section shall be set by vote of the judges and chancellors of each participating county and the annual salary of each chancery and circuit court administrator shall be submitted to the Administrative Office of Courts for approval pursuant to Section 9-1-36.  The salary shall be paid in twelve (12) installments on the last working day of the month by the Administrative Office of Courts after it has been authorized by the participating judges and chancellors and an order has been duly placed on the minutes of each participating court.  The salary of the county court administrator shall be paid monthly by the participating county directly to the county court administrator in the same manner as any other county employee would be paid.

     Any county within a judicial district having a court administrator shall transfer to the Administrative Office of Courts one-twelfth (1/12) of its pro rata cost of authorized compensation as defined in Section 9-1-36 for the court administrator by the twentieth day of each month for the compensation that is to be paid on the last day of that month.  The board of supervisors may transfer the pro rata cost of the county from the funds of that county pursuant to Section 9-17-5(2)(b).

     (4)  For all travel required in the performance of official duties, the court administrator shall be paid mileage by the county in which the duties were performed at the same rate as provided for state employees in Section 25-3-41, Mississippi Code of 1972.  The court administrator shall file a certificate of mileage expense incurred during that term with the board of supervisors of each participating county and payment of such expense shall be paid proportionately out of the court administration fund established pursuant to Section 9-17-5.

     SECTION 2.  This act shall take effect and be in force from and after October 1, 2011.