MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Judiciary A; Fees and Salaries of Public Officers
By: Representative Holland
AN ACT TO AMEND SECTION 9-13-19, MISSISSIPPI CODE OF 1972, TO INCREASE THE SALARY FOR COURT REPORTERS IN CIRCUIT AND CHANCERY COURTS BY TWENTY PERCENT; TO PROVIDE THAT COURT REPORTERS IN CIRCUIT AND CHANCERY COURTS WILL RECEIVE A SALARY INCREASE ANYTIME THAT COURT REPORTER'S JUDGE RECEIVES A SALARY INCREASE THAT IS EQUAL TO THE PERCENT OF THE JUDGE'S SALARY INCREASE; TO AMEND SECTION 9-13-61, MISSISSIPPI CODE OF 1972, TO INCREASE THE SALARY FOR COURT REPORTERS IN COUNTY COURTS BY TWENTY PERCENT; TO PROVIDE THAT COURT REPORTERS IN COUNTY COURTS WILL RECEIVE A SALARY INCREASE ANYTIME THAT COURT REPORTER'S JUDGE RECEIVES A SALARY INCREASE THAT IS EQUAL TO THE PERCENT OF THE JUDGE'S SALARY INCREASE; TO BRING FORWARD SECTION 9-9-11, 9-13-15, 9-13-17 AND 25-3-35, MISSISSIPPI CODE OF 1972, FOR PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-13-19, Mississippi Code of 1972, is amended as follows:
9-13-19. (1) Court reporters
for circuit and chancery courts shall be paid an annual salary payable by the
Administrative Office of Courts not to exceed * * *
Forty-eight Thousand Six Hundred Dollars ($48,600.00) for court reporters
with five (5) years' experience or less; not to exceed * * * Fifty-two Thousand Two Hundred Dollars ($52,200.00)
for court reporters who have more than five (5) years' experience but
less than ten (10) years; and not to exceed * * * Fifty-five
Thousand Two Hundred Dollars ($55,200.00) for court reporters who have ten
(10) years or more experience. From and after July 1, 2015, all court
reporters for circuit and chancery courts shall receive a salary increase
whenever that court reporter's judge receives a salary increase in an amount
equal to the percentage of the judge's salary increase. In addition, any
court reporter performing the duties of a court administrator in the same
judicial district in which the person is employed as a court reporter may be
paid additional compensation for performing the court administrator duties.
The annual amount of the additional compensation shall be set by vote of the
judges and chancellors for whom the court administrator duties are performed,
with consideration given to the number of hours per month devoted by the court
reporter to performing the duties of a court administrator. The additional
compensation shall be submitted to the Administrative Office of Courts for
approval.
(2) The several counties in each respective court district shall transfer from the general funds of those county treasuries to the Administrative Office of Courts a proportionate amount to be paid toward the annual compensation of the court reporter, including any additional compensation paid for the performance of court administrator duties. The amount to be paid by each county shall be determined by the number of weeks in which court is held in each county in proportion to the total number of weeks court is held in the district. For purposes of this section, the term "compensation" means the gross salary plus all amounts paid for benefits, or otherwise, as a result of employment or as required by employment, but does not include transcript fees otherwise authorized to be paid by or through the counties. However, only salary earned for services rendered shall be reported and credited for retirement purposes. Amounts paid for transcript fees, benefits or otherwise, including reimbursement for travel expenses, shall not be reported or credited for retirement purposes.
For example, if there are thirty-eight (38) scheduled court weeks in a particular district, a county in which court is scheduled five (5) weeks out of the year would have to pay five-thirty-eighths (5/38) of the total annual compensation.
(3) The salary and any additional compensation for the performance of court administrator duties shall be paid in twelve (12) installments on the last working day of each month after it has been duly authorized by the appointing judge or chancellor and an order duly placed on the minutes of the court. Each county shall transfer to the Administrative Office of Courts one-twelfth (1/12) of the amount required to be paid pursuant to subsection (2) of this section by the twentieth day of each month for the salary that is to be paid on the last working day of the month. The Administrative Office of Courts shall pay to the court reporter the total amount of salary due for that month. Any county may pay, in the discretion of the board of supervisors, by the twentieth day of January of any year, the amount due for a full twelve (12) months.
(4) From and after October 1, 1996, all circuit and chancery court reporters will be employees of the Administrative Office of Courts.
(5) No circuit or chancery court reporter shall be entitled to any compensation for any special or extended term of court after passage of this section.
(6) No chancery or circuit court reporter shall practice law in the court within which he or she is the court reporter.
(7) For all travel required in the performance of official duties, the circuit or chancery court reporter shall be paid mileage by the county in which the duties were performed at the same rate as provided for state employees in Section 25-3-41. The court reporter shall file in the office of the clerk of the court which he serves a certificate of mileage expense incurred during that term and payment of such expense to the court reporter shall be paid on allowance by the judge of such court.
SECTION 2. Section 9-13-61, Mississippi Code of 1972, is amended as follows:
9-13-61. There shall be an
official court reporter for each county * * * court judge in the State of
Mississippi, to be appointed by such judge, for the purpose of performing the
necessary and required stenographic work of the court or division thereof over
which the appointing judge is presiding, said work to be performed under the
direction of such judge and in the same manner and to the same effect as is
provided in the chapter on court reporting.
Except as hereinafter
provided, the reporters of said courts shall receive an annual salary of not
less than * * * Twenty-eight Thousand Eight Hundred
Dollars ($28,800.00) and may, at the discretion of the board of
supervisors, receive a monthly salary equal to that of the reporter of the
circuit court district wherein the county lies, the same to be paid monthly by
the county out of its general fund. From and after July 1, 2015, all court
reporters for county courts shall receive a salary increase whenever that court
reporter's judge receives a salary increase in an amount equal to the
percentage of the judge's salary increase.
Provided, however, that in any Class 1 county having a population in excess of fifty-six thousand (56,000) persons according to the 1970 federal decennial census, the reporter shall receive a monthly salary equal to that of the reporter of the circuit court district wherein the county or family court lies, the same to be paid monthly by the county out of its general fund.
Provided further, that in any Class 1 county bordering on the Mississippi River and which has situated therein a national military park and national military cemetery, and having a population in excess of forty-four thousand (44,000) according to the 1970 federal decennial census, the reporter shall receive a monthly salary equal to that of the reporter of the circuit court district wherein the county lies, the same to be paid monthly by the county out of its general fund.
Provided further, that in any Class 1 county bordering on the Mississippi River wherein U.S. Highways 61 and 84 intersect, and having a population in excess of thirty-seven thousand (37,000) in the 1960 federal decennial census, the reporter shall receive a monthly salary equal to that of the reporter of the circuit court district wherein the county lies, the same to be paid monthly by the county out of its general fund.
Provided further, that in
addition to the foregoing compensation, all county * * * court reporters shall be paid the
same fees for transcript of the record on appeals as are now or hereafter paid
circuit court reporters for like or similar work.
SECTION 3. Section 9-9-11, Mississippi Code of 1972, is brought forward as follows:
9-9-11. (1) Except as otherwise provided in subsections (2), (3) and (4), the county court judge shall receive an annual salary payable monthly out of the county treasury in an amount not to exceed One Thousand Dollars ($1,000.00) less than the salary which is now or shall hereafter be provided for circuit and chancery judges of this state, in the discretion of the board of supervisors of said county; provided, however, that the salary of such judge shall not be reduced during his term of office. Provided further, that the office of county court judge in any county receiving an annual salary of Thirty-six Thousand Dollars ($36,000.00) or more shall be a full-time position, and the holder thereof shall not otherwise engage in the practice of law.
(2) If a county court is established by agreement between two (2) or more counties as provided in Section 9-9-3, the county judge of the court so established shall be paid a salary equal to one and one-half (1-1/2) times that salary that he would be paid if he were the judge of the smallest of such two (2) or more counties, such salary to be paid in monthly installments as provided by law; provided that such salary shall not exceed One Thousand Dollars ($1,000.00) less than the salary of the circuit and chancery judges of this state.
(3) The county court judge shall receive an annual salary payable monthly out of the county treasury as follows:
(a) In any county having a population of seventy thousand (70,000) or more according to the 1980 federal census, the county judge shall receive an annual salary of One Thousand Dollars ($1,000.00) less than that paid to a circuit court judge. The office of county judge shall be a full-time position, and the holder thereof shall not otherwise engage in the practice of law.
(b) In any county having a population of sixty thousand (60,000) or more but less than seventy thousand (70,000) according to the 1980 federal census, the county judge shall receive an annual salary of Forty Thousand Dollars ($40,000.00). The office of county judge shall be a full-time position, and the holder thereof shall not otherwise engage in the practice of law. The county judge shall not be eligible for any additional salary except as may be authorized in subsection (4).
(c) In any county having a population of twenty-seven thousand (27,000) or more but less than sixty thousand (60,000) according to the 1980 federal census, the county judge shall receive an annual salary of not less than Twelve Thousand Dollars ($12,000.00) but not more than Forty Thousand Dollars ($40,000.00), in the discretion of the board of supervisors of said county. The county judge shall not be eligible for any additional salary except as may be authorized in subsection (4). In the event that the board of supervisors of said county elects to pay such county judge an annual salary of Thirty Thousand Dollars ($30,000.00) or more, the office of county judge shall be a full-time position, and the holder thereof shall not otherwise engage in the practice of law.
(d) In any county having a population of less than twenty-seven thousand (27,000) according to the 1980 federal census, the county judge shall receive an annual salary of not less than Four Thousand Two Hundred Dollars ($4,200.00) and not more than Eight Thousand Five Hundred Dollars ($8,500.00), in the discretion of the board of supervisors of said county. The county judge shall not be eligible for any additional salary except as may be authorized in subsection (4).
(4) The county judge of any county described in this subsection shall be paid the compensation, and he shall be subject to any restrictions set forth in the following paragraphs:
(a) The county judge of any such Class 1 county with a population according to the latest federal decennial census of forty-five thousand (45,000) or more and lying wholly within a levee district and having two (2) judicial districts shall, in the discretion of the board of supervisors of such county, receive an annual salary not exceeding Forty Thousand Dollars ($40,000.00), or a sum which is One Thousand Dollars ($1,000.00) less than the salary which is now or shall hereafter be provided for circuit and chancery judges of the state, whichever is greater.
(b) The county judge of any Class 1 county having an area in excess of nine hundred twenty-five (925) square miles shall receive an annual salary of not less than Thirty Thousand Dollars ($30,000.00) but, in the discretion of the board of supervisors of such county, such salary may be not more than Five Hundred Dollars ($500.00) less than the annual salary of a circuit judge, payable monthly out of the county treasury, and the county judge shall not practice law.
(c) The office of county judge in any such Class 1 county with a population according to the 1970 federal decennial census of greater than thirty-nine thousand (39,000), and where U.S. Highway 61 and Mississippi Highway 6 intersect, shall receive an annual salary to be paid in monthly installments of not less than an amount equal to ninety percent (90%) of the annual salary which is now or shall hereafter be provided for circuit and chancery judges of the state, as follows: The salary of the county judge shall be increased by ten percent (10%) annually above the base salary of the preceding year until such time as the judge's salary is equal to the amount that is provided by this subsection. The office of county judge shall be a full-time position and the holder thereof shall not otherwise engage in the practice of law.
(d) In any Class 1 county bordering on the Mississippi River and which has situated therein a national military park and national military cemetery, the office of county judge shall be a full-time position and the holder thereof shall not otherwise engage in the practice of law. The salary for the county judge in said county shall be fixed at a sum which is One Thousand Dollars ($1,000.00) less than the salary which is now or shall hereafter be provided for circuit and chancery judges of this state.
(e) The county judge in any county having a population of at least forty-two thousand one hundred eleven (42,111), according to the 1970 census, and where U.S. Highway 49E and U.S. Highway 82 intersect, shall receive an annual salary to be paid in monthly installments of not less than Thirty Thousand Dollars ($30,000.00) but not more than Two Thousand Five Hundred Dollars ($2,500.00) less than the annual salary of the circuit judge, in the discretion of the board of supervisors of said county.
(f) The county judge in any Class 1 county bordering on the Mississippi River and having an area of less than four hundred fifty (450) square miles wherein U.S. Highways 84 and 61 intersect shall receive an annual salary of Four Thousand Dollars ($4,000.00) less than the annual salary of a circuit judge, and such county judge shall not practice law in any manner. The county judge in such county shall not be eligible to receive any additional salary authorized by this section or from any other source other than that set out and authorized by this paragraph.
(g) The county judge of any Class 1 county bordering on the Mississippi River on the west and the State of Tennessee on the north, and traversed north to south by Interstate Highway 55, shall receive an annual salary of ninety percent (90%) of the salary which is now or shall hereafter be provided for chancery and circuit judges of this state, but in any event not less than Sixty Thousand Two Hundred Dollars ($60,200.00).
(h) The county judge of any Class 1 county with a population of greater than sixty-nine thousand (69,000) according to the 1980 federal decennial census, and wherein U.S. Highway 80 and Mississippi Highway 43 intersect, shall receive an annual salary in an amount not greater than the sum of Five Hundred Dollars ($500.00) less than the salary which is now or shall hereafter be provided for circuit and chancery judges of this state, in the discretion of the board of supervisors of said county.
(i) The county judge of any county having a population in excess of sixty-six thousand (66,000) according to the 1980 federal decennial census, wherein is located a state-supported university and in which U.S. Highways 49 and 11 intersect, shall receive an annual salary of One Thousand Dollars ($1,000.00) less than that paid to a circuit court judge. The office of such county judge shall be a full-time position, and the holder thereof shall not otherwise engage in the practice of law.
(j) The county judge of any county having two (2) judicial districts, having a population in excess of sixty-one thousand nine hundred (61,900) according to the 1980 federal decennial census, in which U.S. Interstate Highway 59 intersects with U.S. Highway 84, shall receive an annual salary of One Thousand Dollars ($1,000.00) less than the salary which is now or hereafter authorized to be paid circuit and chancery court judges of this state. The office of such county judge shall be a full-time position, and the holder thereof shall not otherwise engage in the practice of law.
(k) The office of county judge of any Class I county wherein U.S. Highway 51 and U.S. Highway 98 intersect shall be a full-time position and the holder thereof shall not otherwise engage in the practice of law. The annual salary for the office of county judge in said county may be fixed, in the discretion of the board of supervisors of said county, at a sum not to exceed Two Thousand Dollars ($2,000.00) less than the salary which is now or shall hereafter be provided for circuit and chancery judges of this state.
(l) The county judge of any county having a population of more than forty-one thousand six hundred (41,600) but less than forty-one thousand six hundred fifty (41,650) according to the 1980 federal census, and wherein U.S. Highway 49 intersects with Mississippi Highway 22, shall receive an annual salary payable monthly out of the county treasury of One Thousand Dollars ($1,000.00) less than the salary provided now or hereafter for circuit and chancery judges of this state.
(m) The county judge of any county having a population of more than fifty-seven thousand (57,000) but less than fifty-seven thousand one hundred (57,100) according to the 1980 federal census, wherein U.S. Highway 45 intersects with Mississippi Highway 6, shall receive an annual salary in an amount established by the board of supervisors, but in no event to exceed the salary provided now or hereafter for circuit and chancery judges of this state.
(n) The county judge of any county having a population of more than fifty-seven thousand three hundred (57,300) according to the 1980 federal decennial census, wherein is located a state-supported university and wherein U.S. Highways 82 and 45 intersect, shall receive an annual salary in an amount established by the board of supervisors, but in no event to exceed the salary provided now or hereafter for circuit and chancery judges of this state.
(5) The salary of a county court judge or justice court judge shall not be reduced during his term of office as a result of a population decrease based upon the 1990 federal decennial census.
(6) The salary of a sheriff shall not be reduced during his term of office as a result of a population decrease based upon the 1990 federal decennial census.
(7) Notwithstanding any provision of this section to the contrary, the board of supervisors of any county, in its discretion, may pay its county court judge an annual salary of One Thousand Dollars ($1,000.00) less than that paid to a circuit court judge. The office of county judge shall be a full-time position, and the holder thereof shall not otherwise engage in the practice of law.
(8) (a) There shall be transferred to the county for each county court judge, payment to be made in monthly installments from the Judicial System Operation Fund created under Section 9-21-45, an annual salary supplement of:
(i) From and after January 1, 2013, through December 31, 2013, the sum of Seven Thousand Nine Hundred Fifty-seven Dollars and Fifty Cents ($7,957.50), plus any applicable fringe benefits resulting from this amount;
(ii) From and after January 1, 2014, through December 31, 2014, the sum of Fifteen Thousand Nine Hundred Fifteen Dollars ($15,915.00), plus any applicable fringe benefits resulting from this amount;
(iii) From and after January 1, 2015, through December 31, 2015, the sum of Twenty-three Thousand Eight Hundred Seventy-two Dollars and Fifty Cents ($23,872.50), plus any applicable fringe benefits resulting from this amount; and
(iv) From and after January 1, 2016, through December 31, 2019, the sum of Thirty-one Thousand Eight Hundred Thirty Dollars ($31,830.00), plus any applicable fringe benefits resulting from this amount.
(b) From and after January 1, 2019, and every four (4) years thereafter, the annual salary in this subsection (8) shall be adjusted according to the level of compensation recommended by the State Personnel Board for county court judges in the board's most recent report on judicial salaries, as required under Section 25-9-115, to the extent that sufficient funds are available.
(c) The total annual salary paid to the county court judge out of the county treasury and out of the Judicial System Operation Fund created under Section 9-21-45 shall not exceed the salary limitation set forth in subsection (7) of this section.
SECTION 4. Section 9-13-15, Mississippi Code of 1972, is brought forward as follows:
9-13-15. If the court reporter is absent during the session of the court, the judge or chancellor may, by an order entered upon the minutes of the court, appoint a court reporter pro tempore, who shall be sworn to faithfully discharge his duties as such, and who shall perform all the duties and be liable to all the penalties and punishments described for or incident to the office of court reporter. The court reporter pro tempore shall be paid for his services by the Administrative Office of Courts, out of the salary of the regular court reporter and at the same rate as the regular court reporter for the time that the court reporter pro tempore shall act. The court which is being served by the court reporter pro tempore shall authorize his compensation by auditing and reporting the time served by the court reporter pro tempore to the Administrative Office of Courts. However, if the appointment of a court reporter pro tempore is made because of illness of the regular court reporter, the court may authorize compensation of said court reporter pro tempore from the Administrative Office of Courts without diminution of the salary of the regular court reporter, for a period not to exceed forty-five (45) days in any one (1) calendar year. The salary of the court reporter pro tempore shall be paid as provided in Section 9-13-19.
All acts of the court reporter pro tempore shall be as valid and effectual as if done by the regular court reporter; and such acts as are required to be certified and signed by the court reporter shall be certified and signed by him as court reporter pro tempore.
SECTION 5. Section 9-13-17, Mississippi Code of 1972, is brought forward as follows:
9-13-17. The circuit judge, chancellor, family court judge or county judge may, by an order spread upon the minutes and made a part of the records of the court, appoint an additional court reporter for a term or part of a term whose duties, qualifications and compensation shall be the same as is now provided by law for official court reporters. The additional court reporter shall be subject to the control of the judge or chancellor, as is now provided by law for official court reporters, and the judge or chancellor shall have the additional power to terminate the appointment of such additional court reporter, whenever in his opinion the necessity for such an additional court reporter ceases to exist, by placing upon the minutes of the court an order to that effect. The regular court reporter shall not draw any compensation while the assistant court reporter alone is serving; however, in the event the assistant court reporter is serving because of the illness of the regular court reporter, the court may authorize payment of said assistant court reporter from the Administrative Office of Courts without diminution of the salary of the regular court reporter, for a period not to exceed forty-five (45) days in any one (1) calendar year. However, in any circuit, chancery, county or family court district within the State of Mississippi, if the judge or chancellor shall determine that in order to relieve the continuously crowded docket in such district, or for other good cause shown, the appointment of an additional court reporter is necessary for the proper administration of justice, he may, with the advice and consent of the board of supervisors if the court district is composed of a single county and with the advice and consent of at least one-half (1/2) of the boards of supervisors if the court district is composed of more than one (1) county, by an order spread upon the minutes and made a part of the records of the court, appoint an additional court reporter. The additional court reporter shall serve at the will and pleasure of the judge or chancellor, may be a resident of any county of the state, and shall be paid a salary designated by the judge or chancellor not to exceed the salary authorized by Section 9-13-19. The salary of the additional court reporter shall be paid by the Administrative Office of Courts, as provided in Section 9-13-19; and mileage shall be paid to the additional court reporter by the county as provided in the same section. The office of such additional court reporter appointed under this section shall not be abolished or compensation reduced during the term of office of the appointing judge or chancellor without the consent and approval of the appointing judge or chancellor.
SECTION 6. Section 25-3-35, Mississippi Code of 1972, is brought forward as follows:
25-3-35. (1) The annual salaries of the following judges are fixed as follows:
From and after January 1, 2013, through December 31, 2013:
Chief Justice of the Supreme Court............. $126,292.50
Presiding Justices of the Supreme Court, each.. 123,600.75
Associate Justices of the Supreme Court, each.. 122,460.00
From and after January 1, 2014, through December 31, 2014:
Chief Justice of the Supreme Court............. $137,195.00
Presiding Justices of the Supreme Court, each.. 134,011.50
Associate Justices of the Supreme Court, each.. 132,390.00
From and after January 1, 2015, through December 31, 2015:
Chief Justice of the Supreme Court............. $148,097.50
Presiding Justices of the Supreme Court, each.. 144,422.25
Associate Justices of the Supreme Court, each.. 142,320.00
From and after January 1, 2016:
Chief Justice of the Supreme Court............. $159,000.00
Presiding Justices of the Supreme Court, each.. 154,833.00
Associate Justices of the Supreme Court, each.. 152,250.00
There are imposed upon the Supreme Court justices the extra duties of taking all necessary action to promote judicial education in schools, drug courts, electronic filing and case management systems as developed by the Administrative Office of Courts, or such other additional duties as may be assigned by the Chief Justice of the Supreme Court. For such extra services each justice, from and after January 1, 2013, shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (1).
The fixed salaries in this subsection (1) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than: One Hundred Fifteen Thousand Three Hundred Ninety Dollars ($115,390.00) of the Chief Justice's salary in this subsection (1), One Hundred Thirteen Thousand One Hundred Ninety Dollars ($113,190.00) of the salary of a presiding justice in this subsection (1), and One Hundred Twelve Thousand Five Hundred Thirty Dollars ($112,530.00) of the salary of an associate justice in this subsection (1) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of the Chief Justice, a presiding justice and an associate justice to the levels set forth in this subsection (1).
The fixed salaries as specified in this subsection (1) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.
(2) The annual salaries of the judges of the Court of Appeals of Mississippi are fixed as follows:
From and after January 1, 2013, through December 31, 2013:
Chief Judge of the Court of Appeals............ $117,992.00
Associate Judges of the Court of Appeals, each. 114,994.25
From and after January 1, 2014, through December 31, 2014:
Chief Judge of the Court of Appeals............ $127,854.00
Associate Judges of the Court of Appeals, each. 124,938.50
From and after January 1, 2015, through December 31, 2015:
Chief Judge of the Court of Appeals............ $137,716.00
Associate Judges of the Court of Appeals, each. 134,882.75
From and after January 1, 2016:
Chief Judge of the Court of Appeals............ $147,578.00
Associate Judges of the Court of Appeals, each. 144,827.00
From and after January 1, 2013, each judge shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (2).
The fixed salaries in this subsection (2) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than One Hundred Eight Thousand One Hundred Thirty Dollars ($108,130.00) of the Chief Judge's salary in this subsection (2) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the Chief Judge's salary to the level set forth in this subsection (2). No less than One Hundred Five Thousand Fifty Dollars ($105,050.00) of the salary of an associate judge in this subsection (2) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of an associate judge to the level set forth in this subsection (2).
The fixed salaries as specified in this subsection (2) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.
(3) The annual salaries of the chancery and circuit court judges are fixed as follows:
From and after January 1, 2013, through December 31, 2013:
Chancery Judges, each.......................... $112,127.50
Circuit Judges, each........................... 112,127.50
From and after January 1, 2014, through December 31, 2014:
Chancery Judges, each.......................... $120,085.00
Circuit Judges, each........................... 120,085.00
From and after January 1, 2015, through December 31, 2015:
Chancery Judges, each.......................... $128,042.50
Circuit Judges, each........................... 128,042.50
From and after January 1, 2016:
Chancery Judges, each.......................... $136,000.00
Circuit Judges, each........................... 136,000.00
In addition to their present official duties, the circuit and chancery judges shall take necessary action to promote judicial education in schools, drug courts, electronic filing and case management systems as developed by the Administrative Office of Courts, or such other additional duties as may be assigned by the Chief Justice of the Supreme Court. For such extra services each judge, from and after January 1, 2013, shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (3).
The fixed salaries in this subsection (3) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than One Hundred Four Thousand One Hundred Seventy Dollars ($104,170.00) of the salary of a chancery or circuit Judge in this subsection (3) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of a chancery or circuit judge to the levels set forth in this subsection (3).
(4) From and after January 1, 2019, and every four (4) years thereafter, the annual salaries of the judges in subsections (1), (2) and (3) shall be fixed at the level of compensation recommended by the State Personnel Board according to the board's most recent report on judicial salaries, as required under Section 25-9-115, to the extent that sufficient funds are available. The annual salaries fixed in accordance with this subsection (4) shall not become effective until the commencement of the next immediately succeeding term of office.
(5) The Supreme Court shall prepare a payroll for chancery judges and circuit judges and submit such payroll to the Department of Finance and Administration.
(6) The annual salary of the full-time district attorneys shall be:
From and after January 1, 2013, through December 31, 2013:
One Hundred Three Thousand Three Hundred Twenty-two Dollars ($103,322.00).
From and after January 1, 2014, through December 31, 2014:
One Hundred Ten Thousand Eight Hundred Forty-eight Dollars ($110,848.00).
From and after January 1, 2015, through December 31, 2015:
One Hundred Eighteen Thousand Three Hundred Seventy-four Dollars ($118,374.00).
From and after January 1, 2016:
One Hundred Twenty-five Thousand Nine Hundred Dollars ($125,900.00).
(7) The annual salary of the full-time legal assistants shall be not less than Fifteen Thousand Dollars ($15,000.00) nor more than eighty percent (80%) of the salary of the district attorney for legal assistants who have been licensed to practice law for five (5) years or less; eighty-five percent (85%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least five (5) years but less than fifteen (15) years; and ninety percent (90%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least fifteen (15) years or more.
SECTION 7. This act shall take effect and be in force from and after July 1, 2015.