House Bill 734

AN ACT TO AMEND SECTION 25-32-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT COMPENSATION FOR A PART-TIME PUBLIC DEFENDER MAY BE ESTABLISHED BY CONTRACT WITH THE BOARD OF SUPERVISORS, BUT IF THERE IS NO CONTRACT, COMPENSATION SHALL BE SET BY COURT ORDER AT A REASONABLE SUM THAT IS TO BE PAID BY THE BOARD OF SUPERVISORS; TO PROVIDE THAT IN COUNTIES WHERE A SATELLITE CORRECTIONAL FACILITY OF THE DEPARTMENT OF CORRECTIONS OR PRIVATE CORRECTIONAL EXISTS, THE CIRCUIT COURT JUDGE SHALL ORDER THE DEPARTMENT TO REIMBURSE THE COUNTY FOR ALL REASONABLE FEES INCURRED FOR LEGAL REPRESENTATION PROVIDED BY A PART-TIME PUBLIC DEFENDER FOR AN INDIGENT INMATE OF SUCH CORRECTIONAL FACILITY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-32-5, Mississippi Code of 1972, is amended as follows:

25-32-5. (1) Compensation for the public defender shall be fixed by the board of supervisors or boards of supervisors, if two (2) or more counties are acting jointly; provided, however, the compensation for a public defender, who shall be full-time, representing an entire circuit court district shall not be less than the compensation of the district attorney, the compensation for a public defender representing one (1) county shall not be less than the compensation of the county prosecuting attorney and the compensation for a public defender representing two (2) or more counties, but less than the entire circuit court district, shall not be less than the aggregate of the compensation for county prosecuting attorneys of the counties served, but in no event to exceed the compensation of the district attorney. No full-time public defender or full-time assistant public defenders shall engage nor be associated with any person in the private practice of law. Part-time public defenders or part-time assistant public defenders may engage in the private practice of the law as long as such practice does not relate to the prosecution of criminal matters.

(2) Compensation for part-time public defenders may be established by contract with the board of supervisors of the county in which such public defenders serve, provided that the contract(s) is spread upon the minutes of the board. If no such contract exists, compensation for part-time public defenders and other appointed counsel for indigent defendants shall be set by court order at a reasonable sum in the discretion of the senior circuit judge for the judicial district in which the county lies, and such compensation shall be paid by the board of supervisors of the county. However, in any county where there exists a satellite correctional facility of the Mississippi Department of Corrections or a private correctional facility that houses inmates who are in the custody of the department, the circuit judge shall order that the Department of Corrections reimburse the county for all reasonable fees and expenses incurred for legal representation provided by part-time public defenders and/or other appointed counsel to indigent inmates of such correctional facility.

SECTION 2. This act shall take effect and be in force from and after July 1, 2014.