MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Judiciary, Division A; Appropriations
By: Senator(s) Tindell
AN ACT TO AMEND SECTION 25-31-5, MISSISSIPPI CODE OF 1972, TO REVISE THE NUMBERS OF ASSISTANT DISTRICT ATTORNEYS AUTHORIZED AS LEGAL ASSISTANTS TO THE DISTRICT ATTORNEYS FOR THE VARIOUS CIRCUIT COURT DISTRICTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-31-5, Mississippi Code of 1972, is amended 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... * * * nine (9)
legal assistants.
(b) Second Circuit Court District.. * * * ten (10)
legal assistants.
(c) Third Circuit Court District... five (5)
legal assistants.
(d) Fourth Circuit Court District.. * * * six (6)
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.... * * * four (4)
legal assistants.
(i) Ninth Circuit Court District..... * * * three (3)
legal assistants.
(j) Tenth Circuit Court District..... four (4)
legal assistants.
(k) Eleventh Circuit Court District... * * *
six (6)
legal assistants.
(l) Twelfth Circuit Court District... * * * five (5)
legal assistants.
(m) Thirteenth Circuit Court District * * * four (4)
legal assistants.
(n) Fourteenth Circuit Court District * * * five (5)
legal assistants.
(o) Fifteenth Circuit Court District. * * *
seven (7)
legal assistants.
(p) Sixteenth Circuit Court District.... * * *
six (6)
legal assistants.
(q) Seventeenth Circuit Court District.. * * * seven (7)
legal assistants.
(r) Eighteenth Circuit Court District... two (2)
legal assistants.
(s) Nineteenth Circuit Court District. * * * six (6)
legal assistants.
(t) Twentieth Circuit Court District.. * * * six (6)
legal assistants.
(u) Twenty-first Circuit Court District two (2)
legal assistants.
(v) Twenty-second Circuit Court District * * * three (3)
legal assistants.
(2) In addition to any
legal assistants authorized pursuant to subsection (1) of this section, * * * no more than two (2)
additional full-time legal assistants are authorized * * * each circuit court * * * district if funds are either
appropriated by the Legislature to adequately fund the salaries, expenses and
fringe benefits of such legal assistants, or * * * if 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 one (1) or both
of the additional legal assistants authorized * * * pursuant to this subsection * * *.
* * *
(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 * * * the 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 funds from any source. Any source shall include,
but is not limited to, office-generated funds, funds from a county, a
combination of counties, a municipality, a combination of municipalities,
federal funds, private grants or foundations, or by means of an Interlocal
Cooperative Agreement authorized by Section 17-13-1 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. * * * The funds may either be paid out
of 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 * * * the funds shall be disbursed to * * * the employees in the same manner as
for state-funded criminal investigators and full-time legal assistants.
The district attorney shall report to the board of supervisors of each county
comprising the circuit court district the amount and source of the supplemental
salary, expenses and fringe benefits, and the board in each county shall spread
the same on its minutes. The district attorney shall also report * * * the information to the Department
of Finance and Administration which shall make such information available to
the Legislative Budget Office.
(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 2. This act shall take effect and be in force from and after July 1, 2013.