MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Judiciary A; Appropriations
By: Representative Lamar
AN ACT TO AMEND SECTION 25-31-5, MISSISSIPPI CODE OF 1972, TO REVISE THE NUMBER OF LEGAL ASSISTANTS IN THE SEVENTEENTH 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 SECTION; TO CREATE NEW SECTION 9-7-63, MISSISSIPPI CODE OF 1972, TO CREATE THE TWENTY-THIRD CIRCUIT COURT DISTRICT; TO CREATE NEW SECTION 9-7-64, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE JUDGES OF THE TWENTY-THIRD CIRCUIT DISTRICT; TO AMEND SECTION 9-7-45, MISSISSIPPI CODE OF 1972, TO REDUCE THE NUMBER OF COUNTIES IN THE SEVENTEENTH CIRCUIT COURT DISTRICT; TO AMEND SECTION 9-7-46, MISSISSIPPI CODE OF 1972, TO REDUCE THE NUMBER OF JUDGES FOR THE SEVENTEENTH CIRCUIT COURT DISTRICT; TO AMEND SECTION 9-5-13, MISSISSIPPI CODE OF 1972, TO ADD ONE CHANCELLOR TO THE THIRD CHANCERY COURT DISTRICT AT A LATER DATE; TO PROVIDE THE PROCEDURE TO FILL THE JUDICIAL OFFICE AND OFFICE OF DISTRICT ATTORNEY FOR THE TWENTY-THIRD CIRCUIT COURT DISTRICT AND THE NEW CHANCELLORSHIP FOR THE THIRD CHANCERY DISTRICT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-31-5, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2023, this section shall read 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........... nine (9)
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...... seven (7)
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.
(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.
(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 said 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.
[From and after January 1, 2023, this section shall read 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...............nine (9) 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.. * * *seven (7) three (3) 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 .....four (4)
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.
(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 2. Section 25-31-10, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2023, this section shall read as follows:]
25-31-10. (1) Any district attorney may appoint a full-time criminal investigator.
(2) The district attorneys of the Third, Fifth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth and Twentieth 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 First, 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 said 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., Mississippi Code of 1972. 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.
[From and after January 1, 2023, this section shall read as follows:]
25-31-10. (1) Any district attorney may appoint a full-time criminal investigator.
(2) The district attorneys
of the Third, Fifth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth,
Fifteenth, Sixteenth, Seventeenth * * *, Twentieth and Twenty-third
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 First, 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 3. The following section shall be codified as Section 9-7-63, Mississippi Code of 1972:
9-7-63. The Twenty-third Circuit Court District shall be DeSoto County.
SECTION 4. 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-third 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."
SECTION 5. 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 6. Section 9-7-46, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2023, this section shall read as follows:]
9-7-46. (1) There shall be four (4) circuit judges for the Seventeenth Circuit Court District.
(2) For the purpose of appointment and election, the four (4) judgeships shall be separate and distinct, and one (1) judge shall be elected from Subdistrict 17-1, two (2) judges shall be elected from Subdistrict 17-2, and one (1) judge shall be elected from every county in the district. The two (2) judgeships in Subdistrict 17-2 shall be denominated as "Place One" and "Place Two," the judgeship in Subdistrict 17-1 shall be denominated as "Place Three," and the at-large judgeship shall be denominated as "Place Four."
[From and after January 1, 2023, this section shall read 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 7. Section 9-5-13, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2027, 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, 2027, 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 (2) chancellors 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 * * * four (4) chancellorships
shall be separate and distinct and denominated as "Place One,"
"Place Two," "Place Three" and "Place Four".
The chancellorships in Subdistrict 3-1 shall be denominated only as "Place
One * * *"
and "Place Four" and the chancellorships in Subdistrict 3-2
shall be denominated only as "Place Two" and "Place Three."
SECTION 8. (1) The new circuit judge position created for the Twenty-third 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) (a) The office of district attorney for the Twenty-third Circuit Court District created by virtue of this act shall be filled by the person who holds the office of district attorney for the Seventeenth Circuit Court District on December 31, 2022. Such person shall serve as the district attorney for the Twenty-third Circuit Court District until a successor for such office is elected in the November 2023 general election. Notwithstanding any other provision of law to the contrary regarding residency of candidates for the office of district attorney, the person serving as the district attorney for the Seventeenth Circuit Court District as of December 31, 2022, may qualify as a candidate to run for the office of district attorney for the Twenty-third Circuit Court District in the November 2023 general election, if such person is otherwise qualified as a candidate as provided by law.
(b) The vacancy created by virtue of paragraph (a) of this subsection (2) for the office of district attorney for the Seventeenth Circuit Court District shall be filled by special election on the date set for judicial elections in November 2022, with such person taking office as district attorney for the Seventeenth Circuit Court District on January 1, 2023, for a term to expire as is provided for district attorneys generally. The date and deadline to qualify as a candidate in the special election for such office shall be the same as for judicial candidates for the November 2022 judicial elections.
(3) The new chancellorship position created for the Third Chancery Court District by virtue of this act shall be filled during the November 2026 judicial election in accordance with Sections 23-15-974 through 23-15-985.
SECTION 9. Monies appropriated for the purposes of funding drug courts in the Seventeenth and the Twenty-third Circuit Court Districts as described in this act shall be apportioned equally.
SECTION 10. Sections 3 and 4 of this act shall take effect and be in force from and after January 1, 2023, and the remainder of this act shall take effect and be in force from and after July 1, 2020.