MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Accountability, Efficiency, Transparency
By: Senator(s) Fillingane
AN ACT TO AMEND SECTION 25-3-35, MISSISSIPPI CODE OF 1972, TO INCREASE THE ANNUAL SALARIES OF DISTRICT ATTORNEYS; TO AMEND SECTION 25-31-10, MISSISSIPPI CODE OF 1972, TO INCREASE THE MAXIMUM SALARY PAID TO A CRIMINAL INVESTIGATOR IN THE OFFICE OF THE DISTRICT ATTORNEY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-3-35, Mississippi Code of 1972, is amended as follows:
25-3-35. (1) The annual salaries of the following judges are fixed as follows:
From and after January 1, 2013, through December 31, 2013:
Chief Justice of the Supreme Court............... $126,292.50
Presiding Justices of the Supreme Court, each.... 123,600.75
Associate Justices of the Supreme Court, each.... 122,460.00
From and after January 1, 2014, through December 31, 2014:
Chief Justice of the Supreme Court............... $137,195.00
Presiding Justices of the Supreme Court, each.... 134,011.50
Associate Justices of the Supreme Court, each.... 132,390.00
From and after January 1, 2015, through December 31, 2015:
Chief Justice of the Supreme Court............... $148,097.50
Presiding Justices of the Supreme Court, each.... 144,422.25
Associate Justices of the Supreme Court, each.... 142,320.00
From and after January 1, 2016:
Chief Justice of the Supreme Court............... $159,000.00
Presiding Justices of the Supreme Court, each.... 154,833.00
Associate Justices of the Supreme Court, each.... 152,250.00
There are imposed upon the Supreme Court justices the extra duties of taking all necessary action to promote judicial education in schools, intervention courts, electronic filing and case management systems as developed by the Administrative Office of Courts, or such other additional duties as may be assigned by the Chief Justice of the Supreme Court. For such extra services each justice, from and after January 1, 2013, shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (1).
The fixed salaries in this subsection (1) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than: One Hundred Fifteen Thousand Three Hundred Ninety Dollars ($115,390.00) of the Chief Justice's salary in this subsection (1), One Hundred Thirteen Thousand One Hundred Ninety Dollars ($113,190.00) of the salary of a presiding justice in this subsection (1), and One Hundred Twelve Thousand Five Hundred Thirty Dollars ($112,530.00) of the salary of an associate justice in this subsection (1) shall be paid from General Fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of the Chief Justice, a presiding justice and an associate justice to the levels set forth in this subsection (1).
The fixed salaries as specified in this subsection (1) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.
(2) The annual salaries of the judges of the Court of Appeals of Mississippi are fixed as follows:
From and after January 1, 2013, through December 31, 2013:
Chief Judge of the Court of Appeals.............. $117,992.00
Associate Judges of the Court of Appeals, each... 114,994.25
From and after January 1, 2014, through December 31, 2014:
Chief Judge of the Court of Appeals.............. $127,854.00
Associate Judges of the Court of Appeals, each... 124,938.50
From and after January 1, 2015, through December 31, 2015:
Chief Judge of the Court of Appeals.............. $137,716.00
Associate Judges of the Court of Appeals, each... 134,882.75
From and after January 1, 2016:
Chief Judge of the Court of Appeals.............. $147,578.00
Associate Judges of the Court of Appeals, each... 144,827.00
From and after January 1, 2013, each judge shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (2).
The fixed salaries in this subsection (2) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than One Hundred Eight Thousand One Hundred Thirty Dollars ($108,130.00) of the Chief Judge's salary in this subsection (2) shall be paid from General Fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the Chief Judge's salary to the level set forth in this subsection (2). No less than One Hundred Five Thousand Fifty Dollars ($105,050.00) of the salary of an associate judge in this subsection (2) shall be paid from General Fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of an associate judge to the level set forth in this subsection (2).
The fixed salaries as specified in this subsection (2) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.
(3) The annual salaries of the chancery and circuit court judges are fixed as follows:
From and after January 1, 2013, through December 31, 2013:
Chancery Judges, each........................... $112,127.50
Circuit Judges, each............................ 112,127.50
From and after January 1, 2014, through December 31, 2014:
Chancery Judges, each........................... $120,085.00
Circuit Judges, each............................ 120,085.00
From and after January 1, 2015, through December 31, 2015:
Chancery Judges, each........................... $128,042.50
Circuit Judges, each............................ 128,042.50
From and after January 1, 2016:
Chancery Judges, each........................... $136,000.00
Circuit Judges, each............................ 136,000.00
In addition to their present official duties, the circuit and chancery judges shall take necessary action to promote judicial education in schools, intervention courts, electronic filing and case management systems as developed by the Administrative Office of Courts, or such other additional duties as may be assigned by the Chief Justice of the Supreme Court. For such extra services each judge, from and after January 1, 2013, shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (3).
The fixed salaries in this subsection (3) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than One Hundred Four Thousand One Hundred Seventy Dollars ($104,170.00) of the salary of a chancery or circuit judge in this subsection (3) shall be paid from General Fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of a chancery or circuit judge to the levels set forth in this subsection (3).
(4) From and after January 1, 2019, and every four (4) years thereafter, the annual salaries of the judges in subsections (1), (2) and (3) shall be fixed at the level of compensation recommended by the State Personnel Board according to the board's most recent report on judicial salaries, as required under Section 25-9-115, to the extent that sufficient funds are available. The annual salaries fixed in accordance with this subsection (4) shall not become effective until the commencement of the next immediately succeeding term of office.
(5) The Supreme Court shall prepare a payroll for chancery judges and circuit judges and submit such payroll to the Department of Finance and Administration.
(6) The annual salary of the full-time district attorneys shall be:
From and after January 1, 2013, through December 31, 2013:
One Hundred Three Thousand Three Hundred Twenty-two Dollars ($103,322.00).
From and after January 1, 2014, through December 31, 2014:
One Hundred Ten Thousand Eight Hundred Forty-eight Dollars ($110,848.00).
From and after January 1, 2015, through December 31, 2015:
One Hundred Eighteen Thousand Three Hundred Seventy-four Dollars ($118,374.00).
From and after January 1, 2016, through December 31, 2022:
One Hundred Twenty-five Thousand Nine Hundred Dollars ($125,900.00).
From and after January 1, 2023:
One Hundred Thirty-four Thousand Dollars ($134,000.00).
(7) The annual salary of the full-time legal assistants shall be not less than Fifteen Thousand Dollars ($15,000.00) nor more than eighty percent (80%) of the salary of the district attorney for legal assistants who have been licensed to practice law for five (5) years or less; eighty-five percent (85%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least five (5) years but less than fifteen (15) years; and ninety percent (90%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least fifteen (15) years or more.
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 * * *
Sixty-three Thousand Dollars ($63,000.00) 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 * * * Sixty-three Thousand Dollars ($63,000.00) 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. This act shall take effect and be in force from and after July 1, 2022.