MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Judiciary A

By: Representative Baker

House Bill 943

(As Passed the House)

AN ACT TO AMEND SECTION 9-9-37, MISSISSIPPI CODE OF 1972, TO AUTHORIZE BOARDS OF SUPERVISORS TO ESTABLISH A COUNTY COURT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 9-9-37, Mississippi Code of 1972, is amended as follows:

     9-9-37.  From and after July 1, * * * 19852013, or whenever this act is effectuated under Section 5 of the Voting Rights Act of 1965, in any county not brought within the provisions of this chapter by the terms of Sections 9-9-1 and 9-9-3 thereof, and in which a county court is not in existence, * * * on a petition of ten percent (10%) of the qualified electors of such county, addressed to the board of supervisors * * *, an election shall be called by the said board and conducted in such a way and manner now provided by law for a special election for the purpose of determining is authorized to determine whether or not * * * saida county court shall be established in such county; and, if a majority * * *  vote at such electionof the board are in favor of a county court, then * * *  the election commissionboard shall so certify to the Secretary of State and the Governor shall then issue a proclamation establishing the county court in such county; and thereafter at the next succeeding meeting of the board of supervisors the board shall call an election for the election of a county judge, and such election shall be conducted in the way and manner now provided by law for holding a special election.

     Any county which has or may come under the provisions of this chapter by an election as provided above may thereafter come from under this chapter in the manner hereinafter provided.  On petition of * * * ten percent (10%)twenty percent (20%) of the qualified electors of such county, addressed to the board of supervisors of such county, an election shall be called by such board of supervisors and conducted in the way and manner now provided by law for a special election for the purpose of determining whether or not such county court shall be abolished in said county; and, if the majority vote at such election in favor of abolishing the county court, then the election commission shall so certify to the Secretary of State. The Governor shall then issue a proclamation declaring that the county court in said county be abolished on the first day of the month next succeeding such election.

     In the event the county court * * * is established or in the event the county courtis abolished under the provisions of this section, then * * * an electionthe board of supervisors shall not be * * * called on such subjectauthorized to establish a county court within less than two (2) years thereafter.

     The salary of the county judge in all counties which may come under the provisions of this chapter by an election as provided in this section shall be fixed at such amount as provided for in Section 9-9-11.

     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.

---