MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Judiciary A

By: Representative Baker

House Bill 943

(As Sent to Governor)

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.  (1)  From and after July 1, * * * 1985,2013, or the date this act is effectuated under Section 5 of the Voting Rights Act of 1965, whichever is later, 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 a county court shall be established in * * *such the county * * *; and,.  If a majority * * *vote at such election of the board are in favor of a county court, then the * * *election commission board shall so certify to the Secretary of State and the Governor shall then issue a proclamation establishing the county court in * * *such the 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 the election shall be conducted in the way and manner now provided by law for holding a special election.

     (2)  (a)  Any county * * *which has or may come under the provisions of this chapter by an election as provided above not brought within the provisions of this chapter by the terms of Sections 9-9-1 and 9-9-3 that has a county court established under the provisions of subsection (1) of this section 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 the county, addressed to the board of supervisors of * * *such the county, an election shall be called by * * *such the 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 the county court shall be abolished * * * in said county; and, if the majority vote at * * *such the election is 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 the election.

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

     (3)  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.