MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Judiciary B
By: Representative Bain
AN ACT TO AMEND SECTION 25-31-5, MISSISSIPPI CODE OF 1972, TO REVISE THE NUMBER OF ASSISTANT DISTRICT ATTORNEYS; TO AMEND SECTION 25-31-39, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE APPOINTMENT AND EMPLOYMENT OF PART-TIME LEGAL ASSISTANTS BY A DISTRICT ATTORNEY, SUBJECT TO THE AVAILABILITY OF FUNDS; TO AMEND SECTION 25-31-10, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AN ADDITIONAL CRIMINAL INVESTIGATOR FOR THE 13TH 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. * * *twelve (12)
legal assistants.
(c) Third Circuit Court District.... * * *seven (7)
legal assistants.
(d) Fourth Circuit Court District.. * * *eight (8)
legal assistants.
(e) Fifth Circuit Court District.... * * *seven (7)
legal assistants.
(f) Sixth Circuit Court District.... * * *four (4)
legal assistants.
(g) Seventh Circuit Court District. * * * fifteen (15)
legal assistants.
(h) Eighth Circuit Court District..... * * *four (4)
legal assistants.
(i) Ninth Circuit Court District....... * * *four (4)
legal assistants.
(j) Tenth Circuit Court District....... * * *six (6)
legal assistants.
(k) Eleventh Circuit Court District.. * * *seven (7)
legal assistants.
(l) Twelfth Circuit Court District... * * *seven (7)
legal assistants.
(m) Thirteenth Circuit Court District......... four (4)
legal assistants.
(n) Fourteenth Circuit Court District.. * * *seven (7)
legal assistants.
(o) Fifteenth Circuit Court District * * *eight (8)
legal assistants.
(p) Sixteenth Circuit Court District * * *seven (7)
legal assistants.
(q) Seventeenth Circuit Court District. * * *nine (9)
legal assistants.
(r) Eighteenth Circuit Court District * * *three (3)
legal assistants.
(s) Nineteenth Circuit Court District * * *eight (8)
legal assistants.
(t) Twentieth Circuit Court District * * *eight (8)
legal assistants.
(u) Twenty-first Circuit Court District * * *four (4)
legal assistants.
(v) Twenty-second 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.
(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..... * * *twelve (12) legal assistants.
(c) Third Circuit
Court District........ * * *five (5)seven (7) legal assistants.
(d) Fourth Circuit
Court District....... * * *eight (8) legal assistants.
(e) Fifth Circuit
Court District........ * * *seven (7) legal assistants.
(f) Sixth Circuit
Court District......... * * *two (2)four (4) legal assistants.
(g) Seventh Circuit
Court District... * * *fifteen (15) legal assistants.
(h) Eighth Circuit
Court District........ * * *four (4) legal assistants.
(i) Ninth Circuit
Court District......... * * *three (3)four (4) legal assistants.
(j) Tenth Circuit Court
District.......... * * *six (6) legal assistants.
(k) Eleventh Circuit
Court District..... * * *seven (7) legal assistants.
(l) Twelfth Circuit
Court District...... * * *seven (7) legal assistants.
(m) Thirteenth Circuit Court District..........four (4) legal assistants.
(n) Fourteenth Circuit
Court District... * * *seven (7) legal assistants.
(o) Fifteenth Circuit
Court District.... * * *eight (8) legal assistants.
(p) Sixteenth Circuit
Court District.... * * *seven (7) legal assistants.
(q) Seventeenth Circuit
Court District.. * * *four (4) legal assistants.
(r) Eighteenth Circuit
Court District... * * *three (3) legal assistants.
(s) Nineteenth Circuit Court District... * * *eight (8) legal assistants.
(t) Twentieth Circuit Court District.... * * *eight (8) legal assistants.
(u) Twenty-first Circuit Court District.. * * *four (4) legal assistants.
(v) Twenty-second
Circuit Court District. * * *three (3)four (4) legal assistants.
(w) Twenty-third
Circuit Court District . * * *four (4)five (5) 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 25-31-39, Mississippi Code of 1972, is amended as follows:
25-31-39. * * * To the extent
the district attorney's office receives funds from any source, the district attorney
may employ one or more part-time legal assistants who shall serve at the will and
pleasure of the district attorney to assist in the performance of the duties of
the district attorney. A part-time legal assistant must not engage in the private
practice of law, and must possess the qualifications and be subject to removal as
provided in Section 25-31-6. The term "any source" has the meaning ascribed
in Section 25-31-5.
SECTION 3. 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, * * * 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, Thirteenth 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, * * * 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, Thirteenth 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 4. This act shall take effect and be in force from and after July 1, 2022.