MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Judiciary A; Municipalities

By: Representative Perkins

House Bill 222

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 21-23-5, MISSISSIPPI CODE OF 1972, TO REVISE QUALIFICATION REQUIREMENTS TO BE A MUNICIPAL JUDGE FOR CERTAIN MUNICIPALITIES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  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 an attorney licensed in the State of Mississippi * * *of such county, a licensed attorney of a county adjacent to such county or a justice court judge of the county in which the municipality is located * * *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 2.  This act shall take effect and be in force from and after July 1, 2014.

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