House Bill 273

(As Sent to Governor)

AN ACT TO AMEND SECTION 25-32-7, MISSISSIPPI CODE OF 1972, TO CLARIFY THE AUTHORITY OF A COUNTY PUBLIC DEFENDER OVER THE EMPLOYEES OF THE COUNTY PUBLIC DEFENDER'S OFFICE REGARDLESS OF THE SOURCE OF FUNDING FOR THE OFFICE; TO REPEAL SECTION 25-32-21, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE REPEAL OF SECTIONS 25-32-1 THROUGH 25-32-19, MISSISSIPPI CODE OF 1972, UPON IMPLEMENTATION OF THE NOW-DEFUNCT STATEWIDE PUBLIC DEFENDER SYSTEM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-32-7, Mississippi Code of 1972, is amended as follows:

25-32-7. (1) The public defender shall be provided with office space, secretarial assistance, and all reasonable expenses of operating the office, at least equal to or more than the county prosecuting attorney, or the district attorney if the public defender represents the entire circuit court district. The compensation and expenses of the public defender's office shall be paid by the county or counties if two (2) or more counties are acting jointly. The funds shall be paid upon allowance by the board of supervisors by order spread upon the minutes of the board.

(2) The public defender is authorized to assign the duties of and exercise supervision over all employees of the office without regard to the source of funding for those employees.

SECTION 2. Section 25-32-21, Mississippi Code of 1972, which provides for the repeal of Sections 25-32-1 through 25-32-19, Mississippi Code of 1972, upon implementation of the now-defunct statewide public defender system, is repealed.

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