MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Judiciary B
By: Representative Bain
AN ACT TO AMEND SECTIONS 25-31-5 AND 25-31-10, MISSISSIPPI CODE OF 1972, TO REVISE THE NUMBER OF DISTRICT ATTORNEYS AND CRIMINAL INVESTIGATORS; TO AMEND SECTIONS 9-7-5 AND 9-7-7, MISSISSIPPI CODE OF 1972, TO REVISE THE JUDICIAL COMPOSITION OF THE FIRST CIRCUIT COURT DISTRICT; TO CREATE SECTIONS 9-7-65 AND 9-7-67, MISSISSIPPI CODE OF 1972, TO COMPOSE THE TWENTY-FOURTH CIRCUIT COURT 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) 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.. 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.
(x) Twenty-fourth Circuit Court District .....six (6) 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 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 * * *, Nineteenth and Twenty-fourth
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. Section 9-7-5, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2023, this section shall read as follows:]
9-7-5. The First Circuit Court District is composed of the following counties:
(a) Alcorn County;
(b) Itawamba County;
(c) Lee County;
(d) Monroe County;
(e) Pontotoc County;
(f) Prentiss County; and
(g) Tishomingo County.
[From and after January 1, 2023, this section shall read 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 4. Section 9-7-7, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2023, this section shall read as follows:]
9-7-7. (1) There shall be four (4) judges for the First Circuit Court District.
(2) The four (4) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two," "Place Three" and "Place Four." The judge to fill Place One must reside in Alcorn, Prentiss or Tishomingo County. The judges to fill Place Two and Place Three must reside in Itawamba, Lee, Monroe or Pontotoc County. The judge to fill Place Four may be a resident of any county in the district. Election of the four (4) offices of judge shall be by election to be held in every county within the First Circuit Court District.
[From and after January 1, 2023, this section shall read 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 * * *."
The judge to fill Place One must reside in Alcorn * * * County. The * * * judge to fill Place Two * * * must reside in * * * Prentiss
or Tishomingo County. * * *
SECTION 5. The following shall be codified as Section 9-7-65, Mississippi Code of 1972:
9-7-65. The Twenty-fourth Circuit Court District is composed of the following counties:
(a) Itawamba County;
(b) Lee County;
(c) Monroe County; and
(d) Pontotoc County.
SECTION 6. The following shall be codified as Section 9-7-67, Mississippi Code of 1972:
9-7-67. (1) There shall be three (3) judges for the Twenty-fourth Circuit Court District.
(2) 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." The judges to fill "Place One" and "Place Two" must reside in Pontotoc or Lee County. The judge to fill "Place Three" must reside in Monroe or Itawamba County.
SECTION 7. (1) The judge serving as the intervention court judge for counties comprising the First Circuit Court District as of December 31, 2022, may, with the approval of the Administrative Office of Courts, continue to serve as the intervention court judge for any county in the Twenty-fourth Circuit Court District from January 1, 2023, until an intervention court judge is elected to serve such counties.
(2) Notwithstanding any other provision of law to the contrary requiring a special election for judicial vacancies, no special election shall be required to fill the "Place Four" judgeship for the First Circuit Court District, unless the person who serves in such judgeship as of the effective date of this act vacates the judgeship before the term for such office ends. The person serving as judge in "Place Four" in the First Circuit Court District as of the effective date of this act shall continue to serve in such position for the remainder of the term for the office.
(3) The office of district attorney for the Twenty-fourth Circuit Court District created by virtue of this act shall be filled on January 1, 2023 as provided by law for a vacancy in the office of the district attorney.
SECTION 8. Sections 1, 2, 3, 4 and 7 of this act shall take effect and be in force from and after July 1, 2021, and shall stand repealed on June 30, 2021. Sections 5 and 6 of this act shall take effect and be in force from and after January 1, 2023.