MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary A; Municipalities
By: Representative Perkins
House Bill 222
AN ACT TO AMEND SECTION 21-23-5, MISSISSIPPI CODE OF 1972,
TO REVISE QUALIFICATION REQUIREMENTS TO BE A MUNICIPAL JUDGE; 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 attorney * * *of such county, a licensed attorney of a county adjacent
to such county or a justice court judge * * *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.