MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Municipalities

By: Representatives Martinson, Bennett

House Bill 1236

(As Passed the House)

AN ACT TO AMEND SECTION 21-15-25, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT A MUNICIPALITY MAY EMPLOY A FULL-TIME OR PART-TIME ATTORNEY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 21-15-25, Mississippi Code of 1972, is amended as follows:

     21-15-25.  The governing authorities may * * *annually appoint full-time or part-time * * *an attorney‑at‑law attorneys at law for the municipality, prescribe * * * histheir duties and fix * * * histheir compensation, and/or they may employ counsel to represent the interest of the municipality, should the occasion require.  For services and duties which the regular city attorney is not required to perform as a result of his employment as such, and which are not covered by the regular compensation paid him, such municipal attorney may be employed and compensated additionally.  In cases where an attorney, whether same be the regular municipal attorney or another, shall be employed in the matter of issuing or refunding of bonds and the drafting of all orders and resolutions in connection therewith, the governing authorities shall have the power to pay reasonable compensation to such attorney, but in no instance shall such compensation so paid exceed one percent (1%) of the bonds issued or refunded; however, where the regular contract of employment and compensation paid to the municipal attorney covers and includes services in connection with the issuing or refunding of bonds, then such regular municipal attorney shall not be paid additional compensation for such services.

     Should the services and duties required of a regular municipal attorney at any time during his term of office become greater than that anticipated by the governing authorities at the time of his appointment, the governing authorities, by unanimous vote, and on proper finding, may increase the compensation of such attorney for the remaining portion of his term in such amount as the governing board may find and adjudge to be fair and reasonable to compensate said attorney for his excessive and unanticipated services and duties.

     SECTION 2.  Section 21-23-5, Mississippi Code of 1972, is amended as follows:

     21-23-5.  In any municipality having a population of less than ten thousand (10,000) according to the latest available federal census, it shall be discretionary with the governing authorities of the municipality as to whether or not a municipal judge or a prosecuting attorney, or both, shall be appointed.  If the authorities of any municipality having a population of less than twenty thousand (20,000) according to the latest available federal census appoint a municipal judge, he * * *may shall be a licensed attorney * * *of such county, a licensed attorney of a county adjacent to such county of the State of Mississippi or a justice court judge of * * *such the county * * *of such county.  In all municipalities where a municipal judge is not appointed, the mayor, or mayor pro tempore, shall be the municipal judge, but he shall not receive additional compensation from the municipality for such service.  The mayor or mayor pro tempore shall not serve as a municipal judge.

 * * *The Mississippi Judicial College of the University of Mississippi Law Center shall conduct, if funds are available, courses of training and education for mayors and mayors pro tempore who serve as municipal judges.  This course of training shall be known as the Municipal Judges Training Course and it shall consist of at least twelve (12) hours of training.  The content of the course of training, when and where it is to be conducted, shall be determined by the said Judicial College consistent with the need.  A certificate of completion shall be furnished those mayors who complete the full course.  No mayor elected or reelected for a term of office after July 1, 1979, except one who has been admitted to practice law in this state, shall serve as municipal judge unless he has completed the course of training prescribed herein.  The provisions of this paragraph shall not apply if funds are unavailable for such training courses.

     SECTION 3.  This act shall take effect and be in force from  after its passage.