House Bill 1514

AN ACT TO AMEND SECTIONS 9-13-1 AND 9-13-17, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE OFFICIAL COURT REPORTER OF A DISTRICT TO BE APPOINTED AS AN ADDITIONAL COURT REPORTER IN ANOTHER DISTRICT AND SIMULTANEOUSLY HOLD BOTH POSITIONS; TO PROVIDE THAT AN OFFICIAL COURT REPORTER WHO IS APPOINTED AS AN ADDITIONAL COURT REPORTER IN ANOTHER DISTRICT SHALL NOT BE CONSIDERED TO BE A FREELANCE COURT REPORTER AND SHALL NOT BE ALLOWED TO ENGAGE IN FREELANCE COURT REPORTING; TO BRING FORWARD SECTION 9-13-19, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE SALARIES OF COURT REPORTERS, FOR THE PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 9-13-1, Mississippi Code of 1972, is amended as follows:

9-13-1. Each circuit judge and chancellor shall appoint a competent person as shorthand reporter in his or her district by an entry upon the minutes of the court of an order to that effect, dated and signed by him or her. The * * *~~said~~ shorthand reporter shall be known as the official court reporter of * * *~~said~~ the district. The official court reporter of a district may be appointed as an additional court reporter in another district under Section 9-13-1 and simultaneously hold both positions.

SECTION 2. Section 9-13-17, Mississippi Code of 1972, is amended as follows:

9-13-17. (1) 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 or her 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.

(2) The regular court reporter shall not draw any compensation while the assistant court reporter alone is serving; however, * * *~~in the event~~ if the assistant court reporter is serving because of the illness of the regular court reporter, the court may authorize payment of * * *~~said~~ the 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.

(3) However, in any circuit, chancery, county or family court district within the State of Mississippi, if the judge or chancellor * * *~~shall~~ determines 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 or she 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.

(4) 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.

(5) An additional court reporter appointed in one (1) district under this section may be a person who is the official court reporter of another district appointed under Section 9-13-1 and simultaneously hold both positions. An official court reporter who is appointed as an additional court reporter in another district under this section shall not be considered to be a freelance court reporter and shall not be allowed to engage in freelance court reporting.

SECTION 3. Section 9-13-19, Mississippi Code of 1972, is brought forward as follows:

9-13-19. (1) Court reporters for circuit and chancery courts may be paid an annual salary payable by the Administrative Office of Courts not to exceed Forty-nine Thousand Five Hundred Dollars ($49,500.00) for court reporters with five (5) years' experience or less; not to exceed Fifty-eight Thousand Five Hundred Dollars ($58,500.00) for court reporters who have more than five (5) years' experience but less than ten (10) years; and not to exceed Sixty-four Thousand Dollars ($64,000,00) for court reporters who have ten (10) years or more experience. No amount of the increase in the maximum salary authorized by this section shall be paid from the State General Fund. The board of supervisors of any county is authorized to pay its court reporters the applicable amount of the maximum salary authorized by this section. 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 4. This act shall take effect and be in force from and after July 1, 2020.