MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Judiciary, Division A; Appropriations

By: Senator(s) Wiggins

Senate Bill 2320

AN ACT TO CREATE A COUNTY COURT IN AND FOR EVERY COUNTY; TO AMEND SECTION 9-9-1, MISSISSIPPI CODE OF 1972, TO CREATE COUNTY COURT DISTRICTS; TO AMEND SECTION 9-9-5, MISSISSIPPI CODE OF 1972, TO SET FORTH THE QUALIFICATIONS OF JUDGES OF THE COUNTY COURTS; TO AMEND SECTION 9-9-11, MISSISSIPPI CODE OF 1972, TO SET FORTH THE SALARY OF THE COUNTY COURT JUDGES; TO AMEND SECTION 9-9-19, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR TERMS OF COURT; TO AMEND SECTION 9-9-21, MISSISSIPPI CODE OF 1972, TO SET FORTH THE JURISDICTION OF THE COUNTY COURT; TO AMEND SECTIONS 9-9-23, 9-1-19, 9-1-23, 9-1-25 AND 9-1-35, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 43-21-107, MISSISSIPPI CODE OF 1972, TO CONFORM YOUTH COURT JURISDICTION; TO AMEND SECTION 43-21-123, MISSISSIPPI CODE OF 1972, TO PROVIDE FUNDING FOR THE COUNTY COURTS; TO AMEND SECTIONS 23-15-973 AND 23-15-975, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 9-13-1, 9-13-17 AND 9-13-19, MISSISSIPPI CODE OF 1972, TO PROVIDE A COURT REPORTER AND CONFORM PROVISIONS CONCERNING COURT REPORTERS; TO DESIGNATE THE CLERK OF THE COUNTY COURT AND THE CLERK OF THE YOUTH COURT; TO BRING FORWARD SECTIONS 9-13-31 AND 43-21-45, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; TO AMEND SECTIONS 43-21-111, 43-21-123, 43-21-125, 43-21-801 and 99-35-1, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 9-13-61, MISSISSIPPI CODE OF 1972, TO DELETE ARCHAIC REFERENCE TO FAMILY COURTS; TO REPEAL SECTION 9-9-3, MISSISSIPPI CODE OF 1972, WHICH ALLOWS FOR ESTABLISHMENT OF A COUNTY COURT BY AGREEMENT OF TWO OR MORE COUNTIES; TO REPEAL SECTION 9-9-9, MISSISSIPPI CODE OF 1972, WHICH RESTRICTS THE PRACTICE OF LAW BY COUNTY COURT JUDGES; TO REPEAL SECTION 9-9-13, MISSISSIPPI CODE OF 1972, WHICH ALLOWS MUNICIPALITIES TO SUPPLEMENT COUNTY COURT JUDGE SALARIES; TO REPEAL SECTION 9-9-14, MISSISSIPPI CODE OF 1972, WHICH ALLOWS AN ADDITIONAL COUNTY COURT JUDGE FOR HARRISON COUNTY; TO REPEAL SECTION 9-9-15, MISSISSIPPI CODE OF 1972, WHICH ALLOWS ADDITIONAL COUNTY COURT JUDGES FOR HINDS COUNTY; TO REPEAL SECTION 9-9-16, MISSISSIPPI CODE OF 1972, WHICH ALLOWS AN ADDITIONAL COUNTY COURT JUDGE FOR WASHINGTON COUNTY; TO REPEAL SECTION 9-9-17, MISSISSIPPI CODE OF 1972, WHICH ALLOWS AN ADDITIONAL JUDGE FOR JACKSON COUNTY; TO REPEAL SECTION 9-9-18, MISSISSIPPI CODE OF 1972, WHICH ALLOWS AN ADDITIONAL COUNTY COURT JUDGE FOR RANKIN COUNTY; TO REPEAL SECTION 9-9-18.1, MISSISSIPPI CODE OF 1972, WHICH ALLOWS AN ADDITIONAL COUNTY COURT JUDGE FOR MADISON COUNTY; TO REPEAL SECTION 9-9-18.2, MISSISSIPPI CODE OF 1972, WHICH ALLOWS A COUNTY COURT JUDGE FOR PEARL RIVER COUNTY; TO REPEAL SECTION 9-9-18.3, MISSISSIPPI CODE OF 1972, WHICH ALLOWS AN ADDITIONAL COUNTY COURT JUDGE FOR LAUDERDALE COUNTY; TO REPEAL SECTION 9-9-18.5, MISSISSIPPI CODE OF 1972, WHICH ALLOWS AN ADDITIONAL COUNTY COURT JUDGE FOR DESOTO COUNTY; TO REPEAL SECTION 9-9-18.6, MISSISSIPPI CODE OF 1972, WHICH ALLOWS AN ADDITIONAL COUNTY COURT JUDGE FOR LEE COUNTY; TO REPEAL SECTIONS 9-9-37, 9-9-39, 9-9-41, 9-9-43 AND 9-9-45, MISSISSIPPI CODE OF 1972, WHICH ALLOW COUNTIES TO ESTABLISH OR ABOLISH A COUNTY COURT; AND FOR RELATED PURPOSES.

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

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

     9-9-1.  (1)  There shall be an inferior court to be known as the county court in and for each * * * of the following counties county as follows:

          (a) * * *  Each county of the state wherein a county court is in existence on July 1, 1985 District 1 - DeSoto County;

          (b) * * *  From and after January 1, 1987, each county that has a population exceeding fifty thousand (50,000) inhabitants as shown by the latest federal decennial census; and District 2 - Marshall and Tate Counties;

          (c) * * *  The board of supervisors of any county having a population exceeding thirty‑nine thousand (39,000) inhabitants as shown by the latest federal decennial census in which Highways 589 and 98 intersect shall have the option to establish a county court under the provisions of this section. District 3 - Alcorn, Benton and Tippah Counties;

(d)  District 4 - Itawamba, Prentiss and Tishomingo Counties;

(e)  District 5 - Panola, Quitman and Tunica Counties;

(f)  District 6 - Lafayette County;

(g)  District 7 - Pontotoc and Union Counties;

(h)  District 8 - Lee County;

(i)  District 9 - Coahoma County;

(j)  District 10 - Bolivar County;

(k)  District 11 - Grenada, Tallahatchie and Yalobusha Counties;

(l)  District 12 - Calhoun, Choctaw, Clay and Webster Counties;

(m)  District 13 - Chickasaw and Monroe Counties;

(n)  District 14 - Washington County;

(o)  District 15 - Humphreys, Issaquena, Sharkey and Sunflower Counties;

(p)  District 16 - Leflore County;

(q)  District 17 - Carroll, Holmes and Montgomery Counties;

(r)  District 18 - Oktibbeha County;

(s)  District 19 - Lowndes County;

(t)  District 20 - Attala, Noxubee and Winston Counties;

(u)  District 21 - Yazoo County;

(v)  District 22 - Madison County;

(w)  District 23 - Leake and Scott Counties;

(x)  District 24 - Kemper, Neshoba and Newton Counties;

(y)  District 25 - Lauderdale County;

(z)  District 26 - Warren County;

(aa)  District 27 - Hinds County;

(bb)  District 28 - Rankin County;

(cc)  District 29 - Claiborne, Copiah and Jefferson Counties;

(dd)  District 30 - Simpson and Smith Counties;

(ee)  District 31 - Clarke, Jasper and Wayne Counties;

(ff)  District 32 - Adams County;

(gg)  District 33 - Amite, Franklin and Wilkinson Counties;

(hh)  District 34 - Pike County;

(ii)  District 35 - Lawrence, Lincoln and Walthall Counties;

(jj)  District 36 - Covington, Jefferson Davis and Marion Counties;

(kk)  District 37 - Jones County;

(ll)  District 38 - Lamar County;

(mm)  District 39 - Forrest County;

(nn)  District 40 - George, Greene, Perry and Stone Counties;

(oo)  District 41 - Pearl River County;

(pp)  District 42 - Hancock County;

(qq)  District 43 - Harrison County; and

(rr)  District 44 - Jackson County.

     (2)  (a)  Except as provided in paragraphs (b) and (c) of this subsection (2), there shall be one (1) county court judge per county court district.

          (b)  The following county court districts shall have two (2) county court judges:

(i)  The First County Court District, consisting of DeSoto County;

(ii)  The Eighth County Court District, consisting of Lee County;

(iii)  The Twentieth County Court District, consisting of Madison County;

(iv)  The Twenty-second County Court District, consisting of Lauderdale County;

(v)  The Twenty-fifth County Court District, consisting of Rankin County; and

(vi)  The Forty-first County Court District, consisting of Jackson County.

(c)  The following county court districts shall have three (3) county court judges:

(i)  The Twenty-fourth County Court District, consisting of Hinds County; and

(ii)  The Fortieth County Court District, consisting of Harrison County.

     ( * * *23) * * *  (a)  A county judge for a county that is required to establish a county court under subsection (1)(b) of this section The county court judges shall be elected by the qualified electors of the county or county court district in the same manner as provided for the election of circuit court judges at an election held at the same time as the * * * next regular election of circuit court judges * * * first occurring after the date upon which it can be determined that a county court is required under the provisions of subsection (1)(b) of this section to be established in such county.

 * * *  (b)  A county judge for a county electing to establish a county court under subsection (1)(c) of this section shall be elected by the qualified electors of the county in the same manner as provided for the election of circuit court judges at an election held at the November general election first occurring after the date when the board of supervisors spreads upon its minutes a resolution creating the county court.  The term of the county court judge so elected shall begin on the first day of January following the November election, and shall end at the same time as for county court judges generally.  Thereafter, the county court judge shall be elected and serve for a term as provided for county court judges generally.

(3)  The provisions of this section shall not be construed so as to require that a county court be established in any county in which the board of supervisors has agreed and contracted with the board of supervisors of any other county or counties to support and maintain one (1) county court for such counties as provided in Section 9‑9‑3.

(4)  (a)  For the purposes of nomination and election of judgeships in county court districts having multiple judges, the  judgeships shall be separate and distinct and designated for purposes of appointment, nomination and election by sequentially numbered places.  There shall be no distinction whatsoever in the powers, duties and compensation of any multiple offices of county court judge, except that the county court judge who has been for the longest time continuously a county court judge of the district shall have the right to assign cases, terms and dockets.  Should no judge of the county court have served longer in office than the other, then that judge of the county court who has been for the longest time a member of The Mississippi Bar shall be the senior county court judge and have the right to assign cases, terms and dockets.

(b)  While there shall be no limitation whatsoever upon the powers and duties of the county court judges other than as required by the Constitution and laws of this state, the senior county court judge may divide the county court into civil, equity, criminal and youth court divisions, or any combination thereof, as a matter of convenience by the entry of an order upon the minutes of the court.

     SECTION 2.  Section 9-9-5, Mississippi Code of 1972, is amended as follows:

     9-9-5. * * *  (1)  The county court judge shall possess all of the qualifications of a circuit judge as prescribed by the Mississippi Constitution. * * *  In the event of the establishment of a county court by agreement between two (2) or more counties as provided in Section 9‑9‑3,  The judge of * * * said a county court serving more than one (1) county may be a qualified elector of any one (1) of * * * said the constituent counties * * *, and shall have such other qualifications as provided for by law.  The county court judge shall be elected by the qualified electors of * * * his the county or county court district at the time and in the manner as circuit judges are elected and * * * he shall hold office for the same term.  Vacancies in the office of county court judge shall be filled in the same manner as vacancies in the office of circuit judge.

 * * * (2)  Provided, however, that in any county having a total population in excess of eleven thousand (11,000) according to the 1970 federal decennial census and a total assessed valuation of real and personal property of not less than Sixteen Million Dollars ($16,000,000.00) and not more than Seventeen Million Dollars ($17,000,000.00) and in which Mississippi Highway 4 and United States Highway 61 intersect, in which there is a vacancy in the post of county judge resulting from the failure of a candidate to qualify for that post, the board of supervisors of such county may, upon certification of such vacancy to the board, appoint a county judge to serve out the term so vacated who shall be a licensed attorney from such county or an adjoining county.  The compensation of such attorney shall be the same he would have otherwise received if elected.

(3)  In the event that any county wherein is located a state hospital and wherein U.S. Highway 80 and Mississippi Highway 43 intersect shall establish a county court, the county judge of such county shall be elected at the general election to be held on Tuesday after the first Monday of November 1982, after qualifying therefor as provided by law.  Provided, however, that the board of supervisors of such county may appoint a county judge who shall be a licensed attorney from such county until the office of county judge shall be filled pursuant to said election.

     SECTION 3.  Section 9-9-11, Mississippi Code of 1972, is amended as follows:

     9-9-11.  (1) * * *  Except as otherwise provided in subsections (2), (3) and (4),  The county court judge shall receive an annual salary * * * payable monthly out of the county treasury in * * * an the amount * * * not to exceed of One Thousand Dollars ($1,000.00) less than the salary * * * which is now or shall hereafter be provided for circuit and chancery judges. * * * of this state, in the discretion of the board of supervisors of said county; provided, however, that the salary of such judge shall not be reduced during his term of office.  Provided further, that the office of county court judge in any county receiving an annual salary of Thirty‑six Thousand Dollars ($36,000.00) or more shall be a full‑time position, and the holder thereof shall not otherwise engage in the practice of law.

 * * * (2)  If a county court is established by agreement between two (2) or more counties as provided in Section 9‑9‑3, the county judge of the court so established shall be paid a salary equal to one and one‑half (1‑1/2) times that salary that he would be paid if he were the judge of the smallest of such two (2) or more counties, such salary to be paid in monthly installments as provided by law; provided that such salary shall not exceed One Thousand Dollars ($1,000.00) less than the salary of the circuit and chancery judges of this state.

(3)  The county court judge shall receive an annual salary payable monthly out of the county treasury as follows:

  (a)  In any county having a population of seventy thousand (70,000) or more according to the 1980 federal census, the county judge shall receive an annual salary of One Thousand Dollars ($1,000.00) less than that paid to a circuit court judge. The office of county judge shall be a full‑time position, and the holder thereof shall not otherwise engage in the practice of law.

  (b)  In any county having a population of sixty thousand (60,000) or more but less than seventy thousand (70,000) according to the 1980 federal census, the county judge shall receive an annual salary of Forty Thousand Dollars ($40,000.00).  The office of county judge shall be a full‑time position, and the holder thereof shall not otherwise engage in the practice of law.  The county judge shall not be eligible for any additional salary except as may be authorized in subsection (4).

  (c)  In any county having a population of twenty‑seven thousand (27,000) or more but less than sixty thousand (60,000) according to the 1980 federal census, the county judge shall receive an annual salary of not less than Twelve Thousand Dollars ($12,000.00) but not more than Forty Thousand Dollars ($40,000.00), in the discretion of the board of supervisors of said county.  The county judge shall not be eligible for any additional salary except as may be authorized in subsection (4). In the event that the board of supervisors of said county elects to pay such county judge an annual salary of Thirty Thousand Dollars ($30,000.00) or more, the office of county judge shall be a full‑time position, and the holder thereof shall not otherwise engage in the practice of law.

  (d)  In any county having a population of less than twenty‑seven thousand (27,000) according to the 1980 federal census, the county judge shall receive an annual salary of not less than Four Thousand Two Hundred Dollars ($4,200.00) and not more than Eight Thousand Five Hundred Dollars ($8,500.00), in the discretion of the board of supervisors of said county.  The county judge shall not be eligible for any additional salary except as may be authorized in subsection (4).

(4)  The county judge of any county described in this subsection shall be paid the compensation, and he shall be subject to any restrictions set forth in the following paragraphs:

  (a)  The county judge of any such Class 1 county with a population according to the latest federal decennial census of forty‑five thousand (45,000) or more and lying wholly within a levee district and having two (2) judicial districts shall, in the discretion of the board of supervisors of such county, receive an annual salary not exceeding Forty Thousand Dollars ($40,000.00), or a sum which is One Thousand Dollars ($1,000.00) less than the salary which is now or shall hereafter be provided for circuit and chancery judges of the state, whichever is greater.

  (b)  The county judge of any Class 1 county having an area in excess of nine hundred twenty‑five (925) square miles shall receive an annual salary of not less than Thirty Thousand Dollars ($30,000.00) but, in the discretion of the board of supervisors of such county, such salary may be not more than Five Hundred Dollars ($500.00) less than the annual salary of a circuit judge, payable monthly out of the county treasury, and the county judge shall not practice law.

  (c)  The office of county judge in any such Class 1 county with a population according to the 1970 federal decennial census of greater than thirty‑nine thousand (39,000), and where U.S. Highway 61 and Mississippi Highway 6 intersect, shall receive an annual salary to be paid in monthly installments of not less than an amount equal to ninety percent (90%) of the annual salary which is now or shall hereafter be provided for circuit and chancery judges of the state, as follows:  The salary of the county judge shall be increased by ten percent (10%) annually above the base salary of the preceding year until such time as the judge's salary is equal to the amount that is provided by this subsection.  The office of county judge shall be a full‑time position and the holder thereof shall not otherwise engage in the practice of law.

  (d)  In any Class 1 county bordering on the Mississippi River and which has situated therein a national military park and national military cemetery, the office of county judge shall be a full‑time position and the holder thereof shall not otherwise engage in the practice of law.  The salary for the county judge in said county shall be fixed at a sum which is One Thousand Dollars ($1,000.00) less than the salary which is now or shall hereafter be provided for circuit and chancery judges of this state.

  (e)  The county judge in any county having a population of at least forty‑two thousand one hundred eleven (42,111), according to the 1970 census, and where U.S. Highway 49E and U.S. Highway 82 intersect, shall receive an annual salary to be paid in monthly installments of not less than Thirty Thousand Dollars ($30,000.00) but not more than Two Thousand Five Hundred Dollars ($2,500.00) less than the annual salary of the circuit judge, in the discretion of the board of supervisors of said county.

  (f)  The county judge in any Class 1 county bordering on the Mississippi River and having an area of less than four hundred fifty (450) square miles wherein U.S. Highways 84 and 61 intersect shall receive an annual salary of Four Thousand Dollars ($4,000.00) less than the annual salary of a circuit judge, and such county judge shall not practice law in any manner.  The county judge in such county shall not be eligible to receive any additional salary authorized by this section or from any other source other than that set out and authorized by this paragraph.

  (g)  The county judge of any Class 1 county bordering on the Mississippi River on the west and the State of Tennessee on the north, and traversed north to south by Interstate Highway 55, shall receive an annual salary of ninety percent (90%) of the salary which is now or shall hereafter be provided for chancery and circuit judges of this state, but in any event not less than Sixty Thousand Two Hundred Dollars ($60,200.00).

  (h)  The county judge of any Class 1 county with a population of greater than sixty‑nine thousand (69,000) according to the 1980 federal decennial census, and wherein U.S. Highway 80 and Mississippi Highway 43 intersect, shall receive an annual salary in an amount not greater than the sum of Five Hundred Dollars ($500.00) less than the salary which is now or shall hereafter be provided for circuit and chancery judges of this state, in the discretion of the board of supervisors of said county.

  (i)  The county judge of any county having a population in excess of sixty‑six thousand (66,000) according to the 1980 federal decennial census, wherein is located a state‑supported university and in which U.S. Highways 49 and 11 intersect, shall receive an annual salary of One Thousand Dollars ($1,000.00) less than that paid to a circuit court judge.  The office of such county judge shall be a full‑time position, and the holder thereof shall not otherwise engage in the practice of law.

  (j)  The county judge of any county having two (2) judicial districts, having a population in excess of sixty‑one thousand nine hundred (61,900) according to the 1980 federal decennial census, in which U.S. Interstate Highway 59 intersects with U.S. Highway 84, shall receive an annual salary of One Thousand Dollars ($1,000.00) less than the salary which is now or hereafter authorized to be paid circuit and chancery court judges of this state.  The office of such county judge shall be a full‑time position, and the holder thereof shall not otherwise engage in the practice of law.

  (k)  The office of county judge of any Class I county wherein U.S. Highway 51 and U.S. Highway 98 intersect shall be a full‑time position and the holder thereof shall not otherwise engage in the practice of law.  The annual salary for the office of county judge in said county may be fixed, in the discretion of the board of supervisors of said county, at a sum not to exceed Two Thousand Dollars ($2,000.00) less than the salary which is now or shall hereafter be provided for circuit and chancery judges of this state.

  (l)  The county judge of any county having a population of more than forty‑one thousand six hundred (41,600) but less than forty‑one thousand six hundred fifty (41,650) according to the 1980 federal census, and wherein U.S. Highway 49 intersects with Mississippi Highway 22, shall receive an annual salary payable monthly out of the county treasury of One Thousand Dollars ($1,000.00) less than the salary provided now or hereafter for circuit and chancery judges of this state.

  (m)  The county judge of any county having a population of more than fifty‑seven thousand (57,000) but less than fifty‑seven thousand one hundred (57,100) according to the 1980 federal census, wherein U.S. Highway 45 intersects with Mississippi Highway 6, shall receive an annual salary in an amount established by the board of supervisors, but in no event to exceed the salary provided now or hereafter for circuit and chancery judges of this state.

  (n)  The county judge of any county having a population of more than fifty‑seven thousand three hundred (57,300) according to the 1980 federal decennial census, wherein is located a state‑supported university and wherein U.S. Highways 82 and 45 intersect, shall receive an annual salary in an amount established by the board of supervisors, but in no event to exceed the salary provided now or hereafter for circuit and chancery judges of this state.

(5)  The salary of a county court judge or justice court judge shall not be reduced during his term of office as a result of a population decrease based upon the 1990 federal decennial census.

(6)  The salary of a sheriff shall not be reduced during his term of office as a result of a population decrease based upon the 1990 federal decennial census.

(7)  Notwithstanding any provision of this section to the contrary, the board of supervisors of any county, in its discretion, may pay its county court judge an annual salary of One Thousand Dollars ($1,000.00) less than that paid to a circuit court judge.  The office of county judge shall be a full‑time position, and the holder thereof shall not otherwise engage in the practice of law.

     (8)  (a)  There shall be transferred to the county for each county court judge, payment to be made in monthly installments from the Judicial System Operation Fund created under Section 9‑21‑45, an annual salary supplement of:

              (i)  From and after January 1, 2013, through December 31, 2013, the sum of Seven Thousand Nine Hundred Fifty‑seven Dollars and Fifty Cents ($7,957.50), plus any applicable fringe benefits resulting from this amount;

              (ii)  From and after January 1, 2014, through December 31, 2014, the sum of Fifteen Thousand Nine Hundred Fifteen Dollars ($15,915.00), plus any applicable fringe benefits resulting from this amount;

              (iii)  From and after January 1, 2015, through December 31, 2015, the sum of Twenty‑three Thousand Eight Hundred Seventy‑two Dollars and Fifty Cents ($23,872.50), plus any applicable fringe benefits resulting from this amount; and

              (iv)  From and after January 1, 2016, through December 31, 2019, the sum of Thirty‑one Thousand Eight Hundred Thirty Dollars ($31,830.00), plus any applicable fringe benefits resulting from this amount.

          (b)  From and after January 1, 2019, and every four (4) years thereafter, the annual salary in this subsection (8) shall be adjusted according to the level of compensation recommended by the State Personnel Board for county court judges in the board's most recent report on judicial salaries, as required under Section 25‑9‑115, to the extent that sufficient funds are available.

          (c)  The total annual salary paid to the county court judge out of the county treasury and out of the Judicial System Operation Fund created under Section 9‑21‑45 shall not exceed the salary limitation set forth in subsection (7) of this section.

     (2)  (a)  Each county that had a county court on January 1, 2016, shall transfer from the general funds of those county treasuries to the Administrative Office of Courts the amount of annual compensation of the county court judge or judges as determined by the State Auditor.  The amount to be paid annually by each county shall be the compensation paid to the judge or judges of that county for fiscal year 2012.  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.  However, only salary earned for services rendered shall be reported and credited for retirement purposes.  Reimbursement for travel expenses shall not be reported or credited for retirement purposes.  The amounts required under this section shall be paid in twelve (12) installments on the last working day of each month.  Each county shall transfer to the Administrative Office of Courts one-twelfth (1/12) of the amount required to be paid pursuant to this paragraph (a) by the twentieth day of each month for the salary that is to be paid on the last working day of the 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.

(b)  Each county that did not have a county court on January 1, 2016, shall transfer from the general funds of those county treasuries to the Administrative Office of Courts the amount the county spent to compensate the youth court referees as determined by the State Auditor for fiscal year 2016 not including reimbursement for travel expenses.  The amounts required under this section shall be paid in twelve (12) installments on the last working day of each month.  Each county shall transfer to the Administrative Office of Courts one-twelfth (1/12) of the amount required to be paid pursuant to this paragraph (b) by the twentieth day of each 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.

     SECTION 4.  Section 9-9-19, Mississippi Code of 1972, is amended as follows:

     9-9-19.  (1)  Except as otherwise provided in this section, in county court districts composed of a single county, a term of court shall be held in the county courthouse of the county, beginning on the second Monday of each month and continuing so long as may be necessary; but in counties where there are two (2) circuit court districts the county court shall meet alternately in the two (2) districts in the county courthouse in the same month and in the same district as the board of supervisors of said county holds its meetings.

(a) * * *  Provided that  In the County of Jones, * * * a county having two (2) judicial districts, that a term shall be held in the second judicial district * * * of said county on the second Monday of each month * * *; , and * * * provided that in the first judicial district a term shall be held on the fourth Monday of January, the fourth Monday of March, the fourth Monday of April, the fourth Monday of June and the fourth Monday of October.

(b) * * *  Provided that  In the County of Hinds, * * * a county having two (2) judicial districts, a term shall be held in the first judicial district on the second Monday of each month and in the second judicial district on the second Monday of March, June, September and December, and * * * provided further that, when * * * such the terms are held concurrently, * * * either any of the county court judges of Hinds County may be assigned to hold all or any part of * * * such the terms in either of the two (2) judicial districts.

(c) * * *  Provided, further, that  In the County of Bolivar, * * * county having two (2) judicial districts, a term shall be held in the first judicial district on the second Monday of April, August and December, and in the second judicial district on the second Monday of January, February, March, May, June, July, September, October and November.

(d) * * *  Provided, however, that  In the County of Harrison, * * * a county having two (2) county judges and two (2) judicial districts, that a term shall be held in each judicial district concurrently each month.

(2) * * *  Provided, however, that  The judge of the county court for good cause shown may, by order spread on the minutes of the county court, designate some place other than the county courthouse for the holding of * * * such a term of the county court * * * as may be designated in said order.  The county court judge may call a special term of the county court upon giving ten (10) days' notice, and * * * such notice shall be given by posting * * * the same at on the front door of the courthouse in * * * said the county and by the publication of * * * said notice for one (1) insertion in some newspaper of general circulation in the county.

     ( * * *23)  If a county court * * * is established pursuant to an agreement between district is composed of two (2) or more counties * * * as provided in Section 9‑9‑3, the terms thereof shall remain continuously open and shall not be closed and the county court judge * * * of such court shall * * * sit in rotation in the county seat of each county, beginning on Monday of each week for at least a week in each county in each month set cases as needed.

     SECTION 5.  Section 9-9-21, Mississippi Code of 1972, is amended as follows:

     9-9-21.  (1)  (a)  The jurisdiction of the county court shall be as follows:  It shall have jurisdiction concurrent with the justice court in all matters, civil and criminal of which the justice court has jurisdiction; and it shall have jurisdiction concurrent with the circuit and chancery courts in all matters of law and equity wherein the amount of value of the thing in controversy shall not exceed, exclusive of costs and interest, the sum of Two Hundred Thousand Dollars ($200,000.00), and the jurisdiction of the county court shall not be affected by any setoff, counterclaim or cross-bill in * * * such actions where the amount sought to be recovered in * * * such the setoff, counterclaim or cross-bill exceeds Two Hundred Thousand Dollars ($200,000.00). * * *  Provided, however, the If a party * * * filing such files a setoff, counterclaim or cross-bill which exceeds Two Hundred Thousand Dollars ($200,000.00), the party shall give notice to the opposite party or parties as provided in Section 13-3-83, and on motion of all parties filed within twenty (20) days after the filing of * * * such the setoff, counterclaim or cross-bill, the county court shall transfer the case to the circuit or chancery court wherein the county court is situated and which would otherwise have jurisdiction. * * *It

(b)  The county court shall have exclusively the jurisdiction * * * heretofore exercised by the justice court in the following matters and causes:  namely, eminent domain, the partition of personal property, and actions of unlawful entry and detainer, * * * provided that and the actions of eminent domain and unlawful entry and detainer may be returnable and triable before the * * * judge of said court in vacation.  The county court shall have jurisdiction over criminal matters in the county assigned by a judge of the circuit court district in which the county is included.

     (2) * * *  In the event of the establishment of If a county court * * * by an agreement between serves two (2) or more counties * * * as provided in Section 9‑9‑3, it shall be lawful for * * * such the court sitting in one (1) county to act upon any and all matters of which it has jurisdiction as provided by law arising in * * * the other another county under the jurisdiction of * * * said the court.

     SECTION 6.  Section 9-9-23, Mississippi Code of 1972, is amended as follows:

     9-9-23.  The county court judge shall have power to issue writs, and to try matters, of habeas corpus on application to him or her therefor, or when made returnable before him or her by a superior judge.  He shall also have the power to order the issuance of writs of certiorari, supersedeas, attachments, and other remedial writs in all cases pending in, or within the jurisdiction of, his or her court.  He or she shall have the authority to issue search warrants in his or her county returnable to his or her own court or to any court of a justice of the peace within his or her county in the same manner as is provided by law for the issuance of search warrants by justices of the peace.  In all cases pending in, or within the jurisdiction of, his or her court, he or she shall have, in term time * * *, and in vacation, the power to order, do or determine to the same extent and in the same manner as a justice of the peace or a circuit judge or a chancellor could do in term time or in vacation in such cases.  But he or she shall not have original power to issue writs of injunction, or other remedial writs in equity or in law except in those cases hereinabove specified as being within his or her jurisdiction. * * *:  Provided, however, that  When any judge or chancellor authorized to issue * * * such writs of injunction * * *, or any other equitable or legal remedial writs * * * hereinabove reserved under this section, shall so direct in writing the hearing of application therefor may be by him or her referred to the county court judge, in which event the * * * said direction of the superior judge shall vest in the * * * said county court judge all authority to take * * * such action on * * * said the application as the * * * said superior judge could have taken under the right and the law, had the * * * said application been at all times before the * * * said superior judge * * *.  The, and jurisdiction * * * authorized under the foregoing proviso shall cease upon the denying or granting of the application.

     SECTION 7.  Section 9-1-19, Mississippi Code of 1972, is amended as follows:

     9-1-19.  The judges of the Supreme * * * and, circuit and county courts and chancellors and judges of the Court of Appeals, in termtime and in vacation, may severally order the issuance of writs of habeas corpus, mandamus, certiorari, supersedeas and attachments, and grant injunctions and all other remedial writs, in all cases where the same may properly be granted according to right and justice, returnable to any court, whether the suit or proceedings be pending in the district of the judge or chancellor granting the same or not.  The fiat of such judge or chancellor shall authorize the issuance of the process for a writ returnable to the proper court or before the proper officer; and all such process or writs may be granted, issued and executed on Sunday.

     SECTION 8.  Section 9-1-23, Mississippi Code of 1972, is amended as follows:

     9-1-23.  The judges of the Supreme, circuit and county courts and chancellors and judges of the Court of Appeals shall be conservators of the peace for the state, each with full power to do all acts which conservators of the peace may lawfully do; and the circuit judges * * * and, chancellors and county court judges shall reside within their respective districts * * * and the county judges shall reside in their respective counties.

     SECTION 9.  Section 9-1-25, Mississippi Code of 1972, is amended as follows:

     9-1-25.  It shall not be lawful for any judge of the Supreme Court, Court of Appeals * * * or a judge of the, circuit court, county court or a chancellor to exercise the profession or employment of an attorney or counsellor at law, or to be engaged in the practice of law; and any person offending against this prohibition shall be guilty of a high misdemeanor and be removed from office; but this shall not prohibit a chancellor * * * or, circuit judge, county court judge or a judge of the Court of Appeals from practicing in any of the courts for a period of six (6) months from the time * * * such the judges or chancellors assume office so far as to enable them to bring to a conclusion cases actually pending when they were appointed or elected in which * * * such the chancellor or judge was then employed, nor shall a judge of the Supreme Court be hindered from appearing in the courts of the United States in any case in which he was engaged when he was appointed or elected judge.

     SECTION 10.  Section 9-1-35, Mississippi Code of 1972, is amended as follows:

     9-1-35.  The clerk of the Supreme Court and of the Court of Appeals, at the expense of the state, and the clerk of every circuit * * * and, chancery court and county court, at the expense of the county, shall keep a seal, with the style of the court around the margin and the image of an eagle in the center.

     SECTION 11.  Section 43-21-107, Mississippi Code of 1972, is amended as follows:

     43-21-107. * * *(1)  A youth court division is hereby created as a division of the county court of each county * * * now or hereafter having a county court, and the county court judge shall be the judge of the youth court. * * *

     SECTION 12.  Section 43-21-123, Mississippi Code of 1972, is amended as follows:

     43-21-123.  Except for expenses provided by state funds * * * and/ or other monies, the board of supervisors * * *, or the municipal governing board where there is a municipal youth court, shall adequately provide funds for the operation of the youth court * * * division of the chancery court in conjunction with the regular * * * chancery court budget, or the county * * * or family courts where said courts are constituted court. * * *  In preparation for said funding,  On an annual basis at the time requested, the youth court judge or administrator shall prepare and submit to the board of supervisors * * *, or the municipal governing board of the youth court wherever the youth court is a municipal court, an annual budget which will identify the number, staff position, title and amount of annual or monthly compensation of each position as well as provide for other expenditures necessary to the functioning and operation of the youth court.  When the budget of the youth court or youth court judge is approved by the board of supervisors * * * or the governing authority of the municipality, then the youth court or youth court judge may employ such persons as provided in the budget from time to time.

     The board of supervisors * * * of any county in which there is located a youth court, and the governing authority of any municipality in which there is located a municipal youth court, are * * * each authorized to reimburse the youth court judges and other youth court employees or personnel for reasonable travel and expenses incurred in the performance of their duties and in attending educational meetings offering professional training to such persons as budgeted.

     SECTION 13.  Section 23-15-973, Mississippi Code of 1972, is amended as follows:

     23-15-973.  It shall be the duty of the judges of the circuit court to give a reasonable time and opportunity to the candidates for the office of judge of the Supreme Court, judges of the Court of Appeals, circuit judge, county court judge and chancellor to address the people during court terms.  In order to give further and every possible emphasis to the fact that the said judicial offices are not political but are to be held without favor and with absolute impartiality as to all persons, and because of the jurisdiction conferred upon the courts by this chapter, the judges thereof should be as far removed as possible from any political affiliations or obligations.  It shall be unlawful for any candidate for any of the offices mentioned in this section to align himself with any candidate or candidates for any other office or with any political faction or any political party at any time during any primary or general election campaign.  Likewise it shall be unlawful for any candidate for any other office nominated or to be nominated at any primary election, wherein any candidate for any of the judicial offices in this section mentioned, is or are to be nominated, to align himself with any one or more of the candidates for said offices or to take any part whatever in any nomination for any one or more of said judicial offices, except to cast his individual vote.  Any candidate for any office, whether nominated with or without opposition, at any primary wherein a candidate for any one (1) of the judicial offices herein mentioned is to be nominated who shall deliberately, knowingly and willfully violate the provisions of this section shall forfeit his nomination, or if elected at the following general election by virtue of said nomination, his election shall be void.

     SECTION 14.  Section 23-15-975, Mississippi Code of 1972, is amended as follows:

     23-15-975.  As used in Sections 23-15-974 through 23-15-985 of this subarticle, the term "judicial office" includes the office of justice of the Supreme Court, judge of the Court of Appeals, circuit judge, chancellor * * *, and county court judge * * * and family court judge.  All such justices and judges shall be full-time positions and such justices and judges shall not engage in the practice of law before any court, administrative agency or other judicial or quasi-judicial forum except as provided by law for finalizing pending cases after election to judicial office.

     SECTION 15.  Section 9-13-1, Mississippi Code of 1972, is amended as follows:

     9-13-1.  Each circuit judge, county court judge and chancellor shall appoint a competent person as shorthand reporter in his district by an entry upon the minutes of the court of an order to that effect, dated and signed by him.  The * * * said shorthand reporter shall be known as the official court reporter of * * * said the district.

     SECTION 16.  Section 9-13-17, Mississippi Code of 1972, is amended as follows:

     9-13-17.  The circuit judge, chancellor * * *, family court judge or county court 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 the additional court reporter, whenever in his 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.  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.  However, in any circuit, chancery * * *, or 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 that district, or for other good cause shown, the appointment of an additional court reporter is necessary for the proper administration of justice, he 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.  The office of * * * such an 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.

     SECTION 17.  Section 9-13-19, Mississippi Code of 1972, is amended as follows:

     9-13-19.  (1)  Court reporters for circuit, county 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, county and chancery court reporters will be employees of the Administrative Office of Courts.

     (5)  No circuit, county 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, county or chancery 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, county 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 18.  Section 9-13-61, Mississippi Code of 1972, is amended as follows:

     9-13-61.  There shall be an official court reporter for each county * * * and family court judge in the State of Mississippi, to be appointed by such judge, for the purpose of performing the necessary and required stenographic work of the court or division thereof over which the appointing judge is presiding, said work to be performed under the direction of such judge and in the same manner and to the same effect as is provided in the chapter on court reporting.

     Except as hereinafter provided, the reporters of said courts shall receive an annual salary of not less than Twenty-four Thousand Dollars ($24,000.00) and may, at the discretion of the board of supervisors, receive a monthly salary equal to that of the reporter of the circuit court district wherein the county lies, the same to be paid monthly by the county out of its general fund.

     Provided, however, that in any Class 1 county having a population in excess of fifty-six thousand (56,000) persons according to the 1970 federal decennial census, the reporter shall receive a monthly salary equal to that of the reporter of the circuit court district wherein the county or family court lies, the same to be paid monthly by the county out of its general fund.

     Provided further, that in any Class 1 county bordering on the Mississippi River and which has situated therein a national military park and national military cemetery, and having a population in excess of forty-four thousand (44,000) according to the 1970 federal decennial census, the reporter shall receive a monthly salary equal to that of the reporter of the circuit court district wherein the county lies, the same to be paid monthly by the county out of its general fund.

     Provided further, that in any Class 1 county bordering on the Mississippi River wherein U.S. Highways 61 and 84 intersect, and having a population in excess of thirty-seven thousand (37,000) in the 1960 federal decennial census, the reporter shall receive a monthly salary equal to that of the reporter of the circuit court district wherein the county lies, the same to be paid monthly by the county out of its general fund.

     Provided further, that in addition to the foregoing compensation, all county * * * and family court reporters shall be paid the same fees for transcript of the record on appeals as are now or hereafter paid circuit court reporters for like or similar work.

SECTION 19.  In counties in which a county court existed on December 31, 2015, the clerk of the youth court shall be the circuit clerk of the county.  In counties in which a county court did not exist on December 31, 2015, the clerk of the youth court shall be the chancery clerk of the county.  The clerk of the county court shall otherwise be the clerk of the circuit court.

     SECTION 20.  Section 9-13-31, Mississippi Code of 1972, is brought forward as follows:

     9-13-31.  In all criminal cases, and (a) in all civil cases, and (b) matters in probate, and (c) in matters of special proceedings, wherein property or demands of as much as Fifty Dollars ($50.00) may be in issue, no party shall be required without his consent to go to trial in a circuit or chancery court unless the case is attended by a court reporter; provided, however, that the judge of any chancery court may dispense with the requirement of a court reporter in hearings on temporary support and maintenance and/or temporary child custody in domestic cases unless one (1) or both of the parties request a court reporter.  And in and by means of the court reporter's shorthand notes, it shall be competent and effectual, for the purposes of appeal and all otherwise, to make of the record every part of the proceedings arising and done during the trial, from the opening until the conclusion thereof, including motions so arising to amend the pleadings, except amendments to indictments, and the ruling of the court thereon and all other motions and steps that may occur in the trial, in addition to the oral testimony.  And in such a trial, provided objections are duly made and noted, no exceptions need be taken, either for the purposes of appeal or otherwise, or if taken shall not be noted, to any ruling or decision of the court, and this provision shall include the rulings of a court on objections to testimony.  If any ruling or decision of the court as to any matter arising during the trial appear in the copy of the court reporter's notes, it shall not be necessary to take any exceptions or bill of exceptions thereto. Exceptions and bills of exception shall be necessary only when it is desired to reserve exceptions to some ruling or decision of the court which would not otherwise appear of record.  No bill of exceptions need be taken to the action of the court in overruling a motion for a new trial.  In all cases tried either in the circuit or chancery court in which the evidence is taken down by an official court reporter, all pleadings and all papers filed or introduced in the case, all orders of the court entered on the minutes, all instructions and a copy of the court reporter's notes shall constitute the record and no bill of exceptions shall be necessary in order to make any of the above matters part of the record.

     SECTION 21.  Section 43-21-45, Mississippi Code of 1972, is brought forward as follows:

     43-21-45.  In any Class 1 county having a total population in excess of eighty thousand (80,000) according to the 1950 census and having a total assessed valuation in excess of Forty-eight Million Dollars ($48,000,000.00), and in which there is both a youth court and a federal military base or encampment; and in any Class 1 county having a total population in excess of fifty-two thousand seven hundred twenty (52,720) in the 1960 federal decennial census and in which there is located both a state-supported university and a Mississippi National Guard Camp, the board of supervisors of any such county may, in its discretion, set aside, appropriate and expend moneys from the general fund to be used in the payment of salaries and/or travel expenses of a youth counsellor, or counsellors, and the salary of a clerk-reporter of the youth court of such county, and such funds shall be expended for no other purpose.

     SECTION 22.  Section 43-21-111, Mississippi Code of 1972, is amended as follows:

     43-21-111. * * *  (1)  In any county not having a county court or family court the judge may appoint as provided in Section 43‑21‑123 regular or special referees who shall be attorneys at law and members of the bar in good standing to act in cases concerning children within the jurisdiction of the youth court, and a regular referee shall hold office until removed by the judge.  The requirement that regular or special referees appointed pursuant to this subsection be attorneys shall apply only to regular or special referees who were not first appointed regular or special referees prior to July 1, 1991.

(2)  Any referee appointed pursuant to subsection (1) of this section shall be All youth court judges are required to receive judicial training approved by the Mississippi Judicial College and * * * shall be required to receive regular annual continuing education in the field of juvenile justice.  The amount of judicial training and annual continuing education which shall be satisfactory to fulfill the requirements of this section shall conform with the amount prescribed by the Rules and Regulations for Mandatory Continuing Judicial Education promulgated by the Supreme Court.  The Administrative Office of Courts shall * * * maintain a roll of referees appointed under this section, shall enforce the provisions of this * * * subsection section and * * * shall maintain records * * * on of all * * * such referees judges regarding * * * such this training. * * *  Should a referee miss two (2) consecutive training sessions sponsored or approved by the Mississippi Judicial College as required by this subsection or fail to attend one (1) such training session within six (6) months of their initial appointment as a referee, the referee shall be disqualified to serve and be immediately removed as a referee and another member of the bar shall be appointed as provided in this section.

(3)  The judge may direct that hearings in any case or class of cases be conducted in the first instance by the referee.  The judge may also delegate his own administrative responsibilities to the referee.

(4)  All hearings authorized to be heard by a referee shall proceed in the same manner as hearings before the youth court judge.  A referee shall possess all powers and perform all the duties of the youth court judge in the hearings authorized to be heard by the referee.

(5)  An order entered by the referee shall be mailed immediately to all parties and their counsel.  A rehearing by the judge shall be allowed if any party files a written motion for a rehearing or on the court's own motion within three (3) days after notice of referee's order.  The youth court may enlarge the time for filing a motion for a rehearing for good cause shown.  Any rehearing shall be upon the record of the hearing before the referee, but additional evidence may be admitted in the discretion of the judge.  A motion for a rehearing shall not act as a supersedeas of the referee's order, unless the judge shall so order.

(6)  The salary for the referee shall be fixed on order of the judge as provided in Section 43‑21‑123 and shall be paid by the county out of any available funds budgeted for the youth court by the board of supervisors.

(7)  Upon request of the boards of supervisors of two (2) or more counties, the judge of the chancery court may appoint a suitable person as referee to two (2) or more counties within his district, and the payment of salary may be divided in such ratio as may be agreed upon by the boards of supervisors.

     SECTION 23.  Section 43-21-123, Mississippi Code of 1972, is amended as follows:

     43-21-123.  Except for expenses provided by state funds and * * */or other monies, the board of supervisors * * *, or the municipal governing board where there is a municipal youth court, shall adequately provide funds for the operation of the youth court division of the * * * chancery court in conjunction with the regular chancery court budget, or the county * * * or family courts where said courts are constituted court. * * *  In preparation for said funding, on an annual basis at the time requested, Every year the youth court judge or administrator shall prepare and submit to the board of supervisors * * *, or the municipal governing board of the youth court wherever the youth court is a municipal court, an annual budget which will identify the number, staff position, title and amount of annual or monthly compensation of each position as well as provide for other expenditures necessary to the functioning and operation of the youth court.  When the budget of the youth court or youth court judge is approved by the board of supervisors * * * or the governing authority of the municipality, then the youth court or youth court judge may employ such persons as provided in the budget from time to time.

     The board of supervisors of any county in which there is located a youth court * * *, and the governing authority of any municipality in which there is located a municipal youth court, are each authorized to reimburse the youth court judges and other youth court employees or personnel for reasonable travel and expenses incurred in the performance of their duties and in attending educational meetings offering professional training to such persons as budgeted.

     SECTION 24.  Section 43-21-125, Mississippi Code of 1972, is amended as follows:

     43-21-125.  (1)  There shall be a Mississippi Council of Youth Court Judges which shall be the official organization of the judges having youth court jurisdiction in this state.  The membership of the council shall consist of all the county court judges * * * and referees of youth courts in the State of Mississippi.

     (2)  The Mississippi Council of Youth Court Judges is authorized to adopt and, from time to time, amend such rules, regulations or bylaws as it considers necessary to the conduct of its affairs.

     (3)  The council may elect officers and provide for such meetings of the council as it deems necessary.  The council shall meet at least annually for the consideration of:

          (a)  Any and all matters pertaining to the discharge of the official duties and obligations of its members; and

          (b)  Problems that have arisen in connection with the operation of the youth courts in any county or in all counties in order to improve the administration of juvenile justice in the state.

     (4)  The council shall publish and submit to the Governor, the Chief Justice of the Supreme Court, and the Mississippi Judicial Council an annual report of the operations which shall include financial and statistical data and may include suggestions and recommendations for legislation.

     (5)  The council is authorized to receive and expend any funds which may become available from the federal government to carry out any of the purposes of this chapter, and to this end the council may meet any federal requirements not contrary to state law which may be conditions precedent to receiving such federal funds.

     (6)  The council may cooperate with the federal government in a program for training personnel employed or preparing for employment by the youth court and may receive and expend funds from federal or state sources or from private donations for such purposes.  The council may contract with public or nonprofit institutions of higher learning for the training of such personnel, may conduct short-term training courses of its own, may hire experts on a temporary basis for such purpose and may cooperate with the department of youth services or other state departments or agencies in personnel training programs.

     SECTION 25.  Section 43-21-801, Mississippi Code of 1972, is amended as follows:

     43-21-801.  (1)  There is established the Youth Court Support Program.  The purpose of the program shall be to ensure that all youth courts have sufficient support funds to carry on the business of the youth court. * * *  The Administrative Office of Courts shall establish a formula consistent with this section for providing state support payable from the Youth Court Support Fund for the support of the youth courts.

 * * *  (a)  (i)  Each regular youth court referee is eligible for youth court support funds so long as the senior chancellor does not elect to employ a youth court administrator as set forth in paragraph (b); a municipal youth court judge is also eligible.  The Administrative Office of Courts shall direct any funds to the appropriate county or municipality.  The funds shall be utilized to compensate an intake officer who shall be responsible for ensuring that all intake and case information for the Division of Youth Services, truancy matters and the Division of Family and Children's Services is entered into the Mississippi Youth Court Information Delivery System (MYCIDS) in an accurate and timely manner.  If the court already has an intake officer responsible for entering all cases of the Division of Youth Services, truancy matters and the Division of Family and Children's Services into MYCIDS, the regular youth court referee or municipal court judge may certify to the Administrative Office of Courts that such a person is already on staff.  In such a case, each regular youth court referee or municipal youth court judge shall have the sole individual discretion to appropriate those funds as expense monies to assist in hiring secretarial staff and acquiring materials and equipment incidental to carrying on the business of the court within the private practice of law of the referee or judge, or may direct the use of those funds through the county or municipal budget for court support supplies or services.  The regular youth court referee and municipal youth court judge shall be accountable for assuring through private, county or municipal employees the proper preparation and filing of all necessary tracking and other documentation attendant to the administration of the youth court.

   (ii)  Title to all tangible property, excepting stamps, stationery and minor expendable office supplies, procured with funds authorized by this section, shall be and forever remain in the county or municipality to be used by the judge or referee during the term of his office and thereafter by his successors.

  (b)  (i)  When permitted by the Administrative Office of Courts and as funds are available, the senior chancellor for Chancery Districts One, Two, Three, Four, Six, Seven, Nine, Ten, Thirteen, Fourteen, Fifteen and Eighteen may appoint a youth court administrator for the district whose responsibility will be to perform all reporting, tracking and other duties of a court administrator for all youth courts in the district that are under the chancery court system.  Any chancery district listed in this paragraph in which a chancellor appoints a referee or special master to hear any youth court matter is ineligible for funding under this paragraph (b).  The Administrative Office of Courts may allocate to an eligible chancery district a sum not to exceed Thirty Thousand Dollars ($30,000.00) per year for the salary, fringe benefits and equipment of the youth court administrator, and an additional sum not to exceed One Thousand Nine Hundred Dollars ($1,900.00) for the administrator's travel expenses.

   (ii)  The appointment of a youth court administrator shall be evidenced by the entry of an order on the minutes of the court.  The person appointed shall serve at the will and pleasure of the senior chancellor but shall be an employee of the Administrative Office of Courts.

   (iii)  The Administrative Office of Courts must approve the position, job description and salary before the position can be filled.  The Administrative Office of Courts shall not approve any plan that does not first require the expenditure of the funds from the Youth Court Support Fund before expenditure of county funds is authorized for that purpose.

   (iv)  Title to any tangible property procured with funds authorized under this paragraph shall be and forever remain in the State of Mississippi.

     ( * * *c2) * * *  (i)  Each county court is eligible for youth court support funds.  The Administrative Office of Courts shall allocate Sixty Thousand Dollars ($60,000.00) per year to each county court district.  The funds shall be utilized to provide compensation to an intake officer who shall be responsible for ensuring that all intake and case information for the Division of Youth Services, truancy matters and the Division of Family and Children's Services is entered into the Mississippi Youth Court Information Delivery System (MYCIDS) in an accurate and timely manner.  If the county court already has an intake officer or other staff person responsible for entering all cases of the Division of Youth Services, truancy matters and the Division of Family and Children's Services into MYCIDS, the senior county court judge may certify that such a person is already on staff.  In such a case, the senior county court judge shall have discretion to direct the expenditure of those funds in hiring other support staff to carry on the business of the court.

          ( * * *iia)  For the purposes of this paragraph, "support staff" means court administrators, law clerks, legal research assistants, secretaries, resource administrators or case managers appointed by a youth court judge, or any combination thereof, but shall not mean school attendance officers.

          ( * * *iiib)  The appointment of support staff shall be evidenced by the entry of an order on the minutes of the court.  The support staff so appointed shall serve at the will and pleasure of the senior county court judge but shall be * * * an employee employees of the county.

          ( * * *ivc)  The Administrative Office of Courts must approve the positions, job descriptions and salaries before the positions may be filled.  The Administrative Office of Courts shall not approve any plan that does not first require the expenditure of funds from the Youth Court Support Fund before expenditure of county funds is authorized for that purpose.

          ( * * *vd)  The Administrative Office of Courts may approve expenditure from the fund for additional equipment for support staff appointed pursuant to this paragraph if funds are available for the additional expenditure * * * falls within the formula.  Title to any tangible property procured with funds authorized under this paragraph shall be and forever remain in the county to be used by the youth court and support staff.

 * * * (2)  (a)  (i)  The formula developed by the Administrative Office of Courts for providing youth court support funds shall be devised so as to distribute appropriated funds proportional to caseload and other appropriate factors as set forth in regulations promulgated by the Administrative Office of Courts.  The formula will determine a reasonable maximum amount per judge or referee per annum that will not be exceeded in allocating funds under this section.

   (ii)  The formula shall be reviewed by the Administrative Office of Courts every two (2) years to ensure that the youth court support funds provided herein are proportional to each youth court's caseload and other specified factors.

   (iii)  The Administrative Office of Courts shall have wide latitude in the first two‑year cycle to implement a formula designed to maximize caseload data collection.

     ( * * *b3)  Application to receive funds under this section shall be submitted in accordance with procedures established by the Administrative Office of Courts. * * *  (c)  Approval of the use of any of the youth court support funds distributed under this section shall be made by the Administrative Office of Courts in accordance with procedures established by the Administrative Office of Courts.

     ( * * *34)  (a)  There is created in the State Treasury a special fund to be designated as the "Youth Court Support Fund," which shall consist of funds appropriated or otherwise made available by the Legislature in any manner and funds from any other source designated for deposit into such fund.  Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund.  Monies in the fund shall be distributed to the youth courts by the Administrative Office of Courts for the purposes described in this section.

          (b) * * *  (i)  During the regular legislative session held in calendar year 2007, the Legislature may appropriate an amount not to exceed Two Million Five Hundred Thousand Dollars ($2,500.000.00) to the Youth Court Support Fund.

   (ii)  During each regular legislative session * * * subsequent to the 2007 Regular Session, the Legislature shall appropriate * * * Two Million Five Hundred Thousand Dollars ($2,500,000.00) Two Million Six Hundred Forty Thousand Dollars ($2,640,000.00) to the Youth Court Support Fund.

          (c)  No youth court judge * * * or youth court referee shall be eligible to receive funding from the Youth Court Support Fund who has not received annual continuing education in the field of juvenile justice in an amount to conform with the requirements of the Rules and Regulations for Mandatory Continuing Judicial Education promulgated by the Supreme Court.  The Administrative Office of Courts shall maintain records of all * * * referees and youth court judges regarding such training and shall not disburse funds to any county * * * or municipality or county court district for the budget of a youth court judge * * * or referee who is not in compliance with the judicial training requirements.

     ( * * *45)  Any recipient of funds from the Youth Court Support Fund shall not be eligible for continuing disbursement of funds if the recipient is not in compliance with the terms, conditions and reporting requirements set forth in the procedures promulgated by the Administrative Office of Courts.

     SECTION 26.  Section 99-35-1, Mississippi Code of 1972, is amended as follows:

     99-35-1.  In all cases of conviction of a criminal offense against the laws of the state by the judgment of a justice court, or by a municipal court, for the violation of an ordinance thereof, an appeal may be taken within forty (40) days from the date of such judgment of conviction to the county court of the county * * *, in counties in which a county court is in existence, or the circuit court of the county, in counties in which a county court is not in existence, which shall stay the judgment appealed from.  Any person appealing a judgment of a justice court or a municipal court under this section shall post bond for court costs relating to such appeal.  The amount of such bond shall be determined by the justice court judge or municipal judge, payable to the state in an amount of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00).

     On appearance of the appellant in the * * * circuit county court the case shall be tried anew and disposed of as other cases pending therein.

     SECTION 27.  Section 9-9-3, Mississippi Code of 1972, which allows for establishment by agreement of a county court by two or more counties, is repealed.

     SECTION 28.  Section 9-9-9, Mississippi Code of 1972, which restricts the practice of law by county court judges, is repealed.

     SECTION 29.  Section 9-9-13, Mississippi Code of 1972, which allows municipalities to supplement county court judge salaries, is repealed.

     SECTION 30.  Section 9-9-14, Mississippi Code of 1972, which allows an additional county court judge for Harrison County, is repealed.

     SECTION 31.  Section 9-9-15, Mississippi Code of 1972, which allows additional county court judges for Hinds County, is repealed.

     SECTION 32.  Section 9-9-16, Mississippi Code of 1972, which allows an additional county court judge for Washington County, is repealed.

     SECTION 33.  Section 9-9-17, Mississippi Code of 1972, which allows an additional judge for Jackson County, is repealed.

     SECTION 34.  Section 9-9-18, Mississippi Code of 1972, which allows an additional county court judge for Rankin County, is repealed.

     SECTION 35.  Section 9-9-18.1, Mississippi Code of 1972, which allows an additional county court judge for Madison County, is repealed.

     SECTION 36.  Section 9-9-18.2, Mississippi Code of 1972, which allows a county court judge for Pearl River County, is repealed.

     SECTION 37.  Section 9-9-18.3, Mississippi Code of 1972, which allows an additional county court judge for Lauderdale County, is repealed.

     SECTION 38.  Section 9-9-18.5, Mississippi Code of 1972, which allows an additional county court judge for DeSoto County, is repealed.

     SECTION 39.  Section 9-9-18.6, Mississippi Code of 1972, which allows an additional county court judge for Lee County, is repealed.

     SECTION 40.  Sections 9-9-37, 9-9-39, 9-9-41, 9-9-43 and 9-9-45, Mississippi Code of 1972, which allow counties to establish or abolish a county court, are repealed.

SECTION 41.  (1)  Candidates for the county court judgeships created by this act shall run for those offices in a special election to be conducted in November 2023.  Candidates shall qualify as provided by Section 23-15-977 and shall run for office and be elected as provided in Sections 23-15-974 through 23-15-985 (Nonpartisan Judicial Election Act).

     (2)  The initial terms of offices of the county court judgeships created by this act shall begin on January 1, 2024, and their terms of office shall continue for three (3) years.

     (3)  After the initial terms set forth in subsection (2) of this section, the subsequent terms of the offices of the county court judgeships created by this act shall begin on January 1, 2027, and their terms shall continue for four (4) years.

     SECTION 42.  Section 41 of this act shall take effect and be in force from and after July 1, 2022, and the remainder of this act shall take effect and be in force from and after January 1, 2024.

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