MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Judiciary A; Appropriations
By: Representative Lamar
AN ACT TO AMEND SECTION 9-7-5, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPOSITION OF THE FIRST CIRCUIT COURT DISTRICT; TO AMEND SECTION 9-7-7, MISSISSIPPI CODE OF 1972, TO CONFORM THE JUDGESHIPS OF THE FIRST CIRCUIT COURT DISTRICT TO THE PRECEDING SECTION; TO CREATE NEW SECTION 9-7-59, MISSISSIPPI CODE OF 1972, TO CREATE THE TWENTY-THIRD CIRCUIT COURT DISTRICT WITH CERTAIN COUNTIES THAT WERE FORMERLY IN THE FIRST CIRCUIT COURT DISTRICT; TO PROVIDE FOR JUDGES TO SERVE THE TWENTY-THIRD CIRCUIT COURT DISTRICT; TO PROVIDE FOR THE APPOINTMENT AND ELECTION OF THE DISTRICT ATTORNEY FOR THE NEWLY CREATED TWENTY-THIRD CIRCUIT COURT DISTRICT; TO AMEND SECTION 25-31-5, MISSISSIPPI CODE OF 1972, TO REVISE THE NUMBER OF LEGAL ASSISTANTS IN THE FIRST CIRCUIT COURT DISTRICT AND TO PROVIDE LEGAL ASSISTANTS FOR THE TWENTY-THIRD CIRCUIT COURT DISTRICT; TO AMEND SECTION 25-31-10, MISSISSIPPI CODE OF 1972, TO REVISE THE NUMBER OF CRIMINAL INVESTIGATORS FOR DISTRICT ATTORNEYS TO CONFORM TO THE PRECEDING SECTIONS; TO CREATE NEW SECTION 9-7-63, MISSISSIPPI CODE OF 1972, TO CREATE THE TWENTY-FOURTH CIRCUIT COURT DISTRICT; TO CREATE NEW SECTION 9-7-64, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE JUDGES OF SUCH DISTRICT; TO AMEND SECTION 9-7-45, MISSISSIPPI CODE OF 1972, TO REVISE THE NUMBER OF JUDGES IN THE SEVENTEENTH CIRCUIT COURT DISTRICT; TO AMEND SECTION 9-7-46, MISSISSIPPI CODE OF 1972, TO REVISE THE NUMBER OF JUDGES FOR THE SEVENTEENTH CIRCUIT COURT DISTRICT; TO AMEND SECTION 9-5-13, MISSISSIPPI CODE OF 1972, TO REVISE THE NUMBER OF JUDGES FOR THE THIRD CHANCERY COURT DISTRICT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-7-5, Mississippi Code of 1972, is amended as follows:
9-7-5. The First Circuit Court District is composed of the following counties:
(a) Alcorn County;
* * *
( * * *b) Prentiss County; and
( * * *c) Tishomingo County.
SECTION 2. Section 9-7-7, Mississippi Code of 1972, is amended as follows:
9-7-7.
(1) There shall be * * * two (2) judges for the First Circuit Court District.
(2)
The * * *
two (2) judgeships shall be separate and distinct and denominated for
purposes of appointment and election only as "Place One * * *" and "Place Two * * *."
"Place One" and "Place Two" judges may reside in any
county within the district.
(3) The judges for the First Circuit Court District as it is reconstituted on July 1, 2020, shall be as follows:
(a)
The judge to fill Place One * * *
shall be the judge who was elected to the office of circuit judge in the
"Place One" position in the First Circuit Court District in the
November 2018 judicial election, and has not left office or been removed. If
such judge leaves office or is removed, the vacancy shall be filled as provided
by Section 23-15-849.
* * *
(b) The vacancy created by virtue of this act in the Place Two position shall be filled as provided in Section 23-15-849, and the person so appointed shall serve until his or her successor is elected in the November 2022 judicial election.
SECTION 3. The following shall be codified as Section 9-7-59, Mississippi Code of 1972:
9-7-59. (1) The Twenty-third Circuit Court District is composed of the following counties:
(a) Itawamba County;
(b) Lee County;
(c) Monroe County; and
(d) Pontotoc County.
(2) There shall be three (3) judges for the Twenty-third Circuit Court District. For purposes of appointment and election, the three (3) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two" and "Place Three."
(3) The judges for the Twenty-third Circuit Court District as it is created on July 1, 2020, shall be as follows:
(a) The initial holder of Place One must be that judge who was elected to the office of circuit judge of the First Circuit Court District in the November 2018 judicial election in the "Place Two" position, if the judge remains a resident of Itawamba, Lee, Monroe or Pontotoc County and has not left office or been removed. If the judge does not remain a resident of Lee, Itawamba, Monroe or Pontotoc County, does leave office or is removed, the vacancy must be filled as provided by Section 23-15-849.
(b) The initial holder of "Place Two" must be that judge who was elected to the office of circuit judge of the First Circuit Court District in the November 2018 judicial election in the "Place Three" position, if the judge remains a resident of Lee, Itawamba, Monroe or Pontotoc County and has not left office or been removed. If the judge does not remain a resident of Lee, Itawamba, Monroe or Pontotoc County, does leave office or is removed, the vacancy must be filled as provided by Section 23-15-849.
(c) The initial holder of "Place Three" must be that judge who was elected to the office of circuit judge of the First Circuit Court District in the November 2018 judicial election in the "Place Four" position, if the judge remains a resident of Lee, Itawamba, Monroe or Pontotoc County and has not left office or been removed. If the judge does not remain a resident of Lee, Itawamba, Monroe or Pontotoc County, does leave office or is removed, the vacancy must be filled as provided by Section 23-15-849.
SECTION 4. (1) The office of district attorney created by virtue of this act for the Twenty-third Circuit Court District shall be initially filled by the district attorney representing Itawamba, Lee, Monroe and Pontotoc Counties as of the effective date of this act, and such person shall remain in the position of district attorney until his or her successor is elected in the November 2023 general election. If such district attorney is removed or otherwise vacates the office, the vacancy shall be filled as provided in Section 23-15-843.
(2) The vacancy created by virtue of this act for the office of district attorney for the First Circuit Court District shall be filled as provided in Section 23-15-843, and such person shall remain in the position of district attorney until his or her successor is elected in the November 2023 general election.
(3) The judge serving as the intervention court judge for counties comprising the First Circuit Court District as of January 1, 2020, may, with the approval of the Administrative Office of Courts, continue to serve as the intervention court judge for any county for which the judge serves as of January 1, 2020, until January 1, 2025. This provision shall be supplemental to the provisions of law that regulate intervention courts.
SECTION 5. Section 25-31-5, Mississippi Code of 1972, is amended as follows:
25-31-5. (1) The following number of full-time legal assistants are authorized in the following circuit court districts:
(a)
First Circuit Court District........ * * * three (3) legal assistants.
(b) Second Circuit Court District..............ten (10)
legal assistants.
(c) Third Circuit Court District...............five (5)
legal assistants.
(d) Fourth Circuit Court District..............six (6)
legal assistants.
(e) Fifth Circuit Court District...............five (5)
legal assistants.
(f) Sixth Circuit Court District................two (2)
legal assistants.
(g) Seventh Circuit Court District..........eleven (11)
legal assistants.
(h) Eighth Circuit Court District.............three (3)
legal assistants.
(i) Ninth Circuit Court District..............three (3)
legal assistants.
(j) Tenth Circuit Court District...............four (4)
legal assistants.
(k) Eleventh Circuit Court District............five (5)
legal assistants.
(l) Twelfth Circuit Court District.............five (5)
legal assistants.
(m) Thirteenth Circuit Court District..........four (4)
legal assistants.
(n) Fourteenth Circuit Court District..........five (5)
legal assistants.
(o) Fifteenth Circuit Court District............six (6)
legal assistants.
(p) Sixteenth Circuit Court District...........five (5)
legal assistants
(q)
Seventeenth Circuit Court District.. * * * four (4) legal assistants.
(r) Eighteenth Circuit Court District...........two (2)
legal assistants.
(s) Nineteenth Circuit Court District...........six (6)
legal assistants.
(t) Twentieth Circuit Court District............six (6)
legal assistants.
(u) Twenty-first Circuit Court District.......three (3)
legal assistants.
(v) Twenty-second Circuit Court District......three (3)
legal assistants.
(w) Twenty-third Circuit Court District ..... five (5)
legal assistants.
(x) Twenty-fourth Circuit Court District .....three (3)
legal assistants.
(2) In addition to any legal assistants authorized pursuant to subsection (1) of this section, the following number of full-time legal assistants are authorized (i) in the following circuit court districts if funds are appropriated by the Legislature to adequately fund the salaries, expenses and fringe benefits of such legal assistants, or (ii) in any of the following circuit court districts in which the board of supervisors of one or more of the counties in a circuit court district adopts a resolution to pay all of the salaries, supplemental pay, expenses and fringe benefits of legal assistants authorized in such district pursuant to this subsection:
(a) First Circuit Court District................two (2)
legal assistants.
(b) Second Circuit Court District...............two (2)
legal assistants.
(c) Third Circuit Court District................two (2)
legal assistants.
(d) Fourth Circuit Court District...............two (2)
legal assistants.
(e) Fifth Circuit Court District................two (2)
legal assistants.
(f) Sixth Circuit Court District................two (2)
legal assistants.
(g) Seventh Circuit Court District..............two (2)
legal assistants.
(h) Eighth Circuit Court District...............two (2)
legal assistants.
(i) Ninth Circuit Court District................two (2)
legal assistants.
(j) Tenth Circuit Court District................two (2)
legal assistants.
(k) Eleventh Circuit Court District.............two (2)
legal assistants.
(l) Twelfth Circuit Court District..............two (2)
legal assistants.
(m) Thirteenth Circuit Court District...........two (2)
legal assistants.
(n) Fourteenth Circuit Court District...........two (2)
legal assistants.
(o) Fifteenth Circuit Court District............two (2)
legal assistants.
(p) Sixteenth Circuit Court District............two (2)
legal assistants.
(q) Seventeenth Circuit Court District..........two (2)
legal assistants.
(r) Eighteenth Circuit Court District...........two (2)
legal assistants.
(s) Nineteenth Circuit Court District...........two (2)
legal assistants.
(t) Twentieth Circuit Court District............two (2)
legal assistants.
(u) Twenty-first Circuit Court District.........two (2)
legal assistants.
(v) Twenty-second Circuit Court District........two (2)
legal assistants.
(w) Twenty-third Circuit Court District ........two (2)
legal assistants.
(x) Twenty-fourth Circuit Court District........two (2)
legal assistants.
(3) The board of supervisors of any county may pay all or a part of the salary, supplemental pay, expenses and fringe benefits of any district attorney or legal assistant authorized in the circuit court district to which such county belongs pursuant to this section.
(4)
The district attorney of any circuit court district may employ additional legal
assistants or criminal investigators, or both, without regard to any limitation
on the number of legal assistants authorized in this section or criminal
investigators authorized by other provisions of law to the extent that the
district attorney's office receives funds from any source. Any source shall
include, but is not limited to, office generated funds, funds from a county, a
combination of counties, a municipality, a combination of municipalities,
federal funds, private grants or foundations, or by means of an Interlocal
Cooperative Agreement authorized by Section 17-13-1 which may be expended for
those positions in an amount sufficient to pay all of the salary, supplemental
pay, expenses and fringe benefits of the positions. Such funds may either be
paid out of district attorney accounts, transferred by the district attorney to
the Department of Finance and Administration or to one or more of the separate
counties comprising the circuit court district, and * * * the funds shall be disbursed to
such employees in the same manner as state-funded criminal investigators and
full-time legal assistants. The district attorney shall report to the board of
supervisors of each county comprising the circuit court district the amount and
source of the supplemental salary, expenses and fringe benefits, and the board
in each county shall spread the same on its minutes. The district attorney
shall also report such information to the Department of Finance and
Administration which shall make such information available to the Legislative
Budget Office.
(5) The district attorney shall be authorized to assign the duties of a legal assistant regardless of the source of funding for such legal assistants.
SECTION 6. Section 25-31-10, Mississippi Code of 1972, is amended as follows:
25-31-10. (1) Any district attorney may appoint a full-time criminal investigator.
(2)
The district attorneys of the First, Third, Fifth, Ninth, Tenth,
Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth * * *, Twentieth, Twenty-third and
Twenty-fourth Circuit Court Districts may appoint one (1) additional full-time
criminal investigator for a total of two (2) full-time criminal investigators.
(3)
The district attorneys of the * * * Second, Fourth, Seventh and Nineteenth
Circuit Court Districts may appoint two (2) additional full-time criminal
investigators for a total of three (3) full-time criminal investigators.
(4) No district attorney or assistant district attorney shall accept any private employment, civil or criminal, in any matter investigated by such criminal investigators.
(5)
The full and complete compensation for all public duties rendered by * * * the criminal investigators shall
be not more than Fifty-nine Thousand Five Hundred Dollars ($59,500.00) per
annum, to be determined at the discretion of the district attorney based upon
the qualifications, education and experience of the criminal investigator, plus
necessary travel and other expenses, to be paid in accordance with Section 25-31-8.
However, the maximum salary under this subsection for a criminal investigator
who has a law degree may be supplemented by the district attorney from other
available funds, but not to exceed the maximum salary for a legal assistant to
a district attorney.
(6)
Any criminal investigator may be designated by the district attorney to attend
the Law Enforcement Officers Training Program set forth in Section 45-6-1 et
seq. * * * The total expenses associated with attendance by
criminal investigators at the Law Enforcement Officers Training Program shall
be paid out of the funds of the appropriate district attorney.
(7) The district attorney shall be authorized to assign the duties of criminal investigators regardless of the source of funding for such criminal investigators.
SECTION 7. The following section shall be codified as Section 9-7-63, Mississippi Code of 1972:
9-7-63. The Twenty-fourth Circuit Court District shall be DeSoto County.
SECTION 8. The following section shall be codified as Section 9-7-64, Mississippi Code of 1972:
9-7-64. (1) There shall be two (2) circuit judges for the Twenty-fourth Circuit Court District.
(2) For the purposes of appointment and election, the two (2) judgeships shall be separate and distinct and denominated as "Place One" and "Place Two." The judges may reside in any county in the district.
SECTION 9. Section 9-7-45, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2023, this section shall read as follows:]
9-7-45. The Seventeenth Circuit Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 17-1 shall be composed of DeSoto County; and
(b) Subdistrict 17-2 shall be composed of Panola County, Tallahatchie County, Tate County and Yalobusha County.
[From after January 1, 2023, this section shall read as follows:]
9-7-45.
The Seventeenth Circuit Court District * * *:
shall be composed of the following counties:
(a) Panola County,
(b) Tallahatchie County,
(c) Tate County; and
(d) Yalobusha County.
SECTION 10. Section 9-7-46, Mississippi Code of 1972, is amended as follows:
9-7-46.
(1) There shall be * * * two (2) circuit judges for the Seventeenth Circuit Court
District.
(2)
For the purpose of appointment and election, the * * * two (2) judgeships shall be
separate and distinct, and * * * be denominated as "Place One"
and "Place Two * * *." * * *
SECTION 11. Section 9-5-13, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2023, this section shall read as follows:]
9-5-13. (1) There shall be three (3) chancellors for the Third Chancery Court District.
(2) (a) The chancellor of Subdistrict 3-1 shall be elected from DeSoto County. The two (2) chancellors of Subdistrict 3-2 shall be elected from Grenada County, Montgomery County, Panola County, Tate County and Yalobusha County.
(b) For purposes of appointment and election, the three (3) chancellorships shall be separate and distinct. The chancellorship in Subdistrict 3-1 shall be denominated only as "Place One," and the chancellorships in Subdistrict 3-2 shall be denominated only as "Place Two" and "Place Three."
[From after January 1, 2023, this section shall read as follows:]
9-5-13.
(1) There shall be * * * four (4) chancellors for the Third Chancery Court
District.
(2)
(a) The * * *
two chancellors of Subdistrict 3-1 and 3-4 shall be elected from
DeSoto County. The two (2) chancellors of Subdistrict 3-2 shall be elected
from Grenada County, Montgomery County, Panola County, Tate County and
Yalobusha County.
(b)
For purposes of appointment and election, the * * * four (4) chancellorships shall
be separate and distinct and denominated as "Place One,"
"Place Two," "Place Three" and "Place Four".
The chancellorship in Subdistrict 3-1 shall be denominated only as "Place
One," and the chancellorships in Subdistrict 3-2 shall be denominated only
as "Place Two" and "Place Three." The chancellorship in
Subdistrict 3-4 shall be denominated as "Place Four."
SECTION 12. (1) The new circuit judge positions created for
the Twenty-fourth Circuit Court District by virtue of this act shall be filled
during the November 2022 judicial election in accordance with Sections 23-15-974
through 23-15-985.
(2) The office of district attorney created by virtue of this act for the Twenty-fourth Circuit Court District shall be filled initially by appointment of the Governor as provided in Section 23-15-843. The appointed person shall serve until his or her successor is elected in the next general election following the appointment.
(3) The new chancellorship position created for the Third Chancery Court District by virtue of this act shall be filled during the November 2022 judicial election in accordance with Sections 23-15-974 through 23-15-985.
SECTION 13. This act shall take effect and be in force from and after July 1, 2020.