MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary B; Appropriations A
By: Representative Harness
AN ACT TO AMEND SECTION 99-15-17, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPENSATION FOR INDIGENT COUNSEL; TO BRING FORWARD SECTION 25-32-5, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE COMPENSATION FOR PUBLIC DEFENDERS, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 25-3-35, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE COMPENSATION FOR JUDGES AND DISTRICT ATTORNEYS, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-15-17, Mississippi Code of 1972, is amended as follows:
99-15-17. The compensation
for counsel for indigents appointed as provided in Section 99-15-15, shall be
approved and allowed by the appropriate judge and in any one (1) case may not * * * be less
than Three Thousand Dollars ($3,000.00) for representation in circuit court
whether on appeal or originating in said court. Provided, however, if said
case is not appealed to or does not originate in a court of record, the maximum
compensation shall not exceed * * * One Thousand Five
Hundred Dollars ($1,500.00) for any one (1) case, the amount of such
compensation to be approved by a judge of the chancery court, county court or
circuit court in the county where the case arises. Provided, however, in a
capital case two (2) attorneys may be appointed, and the compensation may * * * not
be less than Four Thousand Dollars ($4,000.00) per case. If the case is
appealed to the state supreme court by counsel appointed by the judge, the
allowable fee for services on appeal shall not * * * be less
than Three Thousand Dollars ($3,000.00) per case. In addition, the judge
shall allow reimbursement of actual expenses. The attorney or attorneys so
appointed shall itemize the time spent in defending said indigents together
with an itemized statement of expenses of such defense, and shall present same
to the appropriate judge. The fees and expenses as allowed by the appropriate
judge shall be paid by the county treasurer out of the general fund of the
county in which the prosecution was commenced.
SECTION 2. Section 25-32-5, Mississippi Code of 1972, is brought forward as follows:
25-32-5. Compensation for the public defender shall be fixed by the board of supervisors or boards of supervisors, if two (2) or more counties are acting jointly; provided, however, the compensation for a public defender, who shall be full-time, representing an entire circuit court district shall not be less than the compensation of the district attorney, the compensation for a public defender representing one (1) county shall not be less than the compensation of the county prosecuting attorney and the compensation for a public defender representing two (2) or more counties, but less than the entire circuit court district, shall not be less than the aggregate of the compensation for county prosecuting attorneys of the counties served, but in no event to exceed the compensation of the district attorney. No full-time public defender or full-time assistant public defenders shall engage nor be associated with any person in the private practice of law. Part-time public defenders or part-time assistant public defenders may engage in the private practice of the law as long as such practice does not relate to the prosecution of criminal matters.
SECTION 3. Section 25-3-35, Mississippi Code of 1972, is brought forward as follows:
25-3-35. (1) The annual salaries of the following judges are fixed as follows:
Through December 31, 2022:
Chief Justice of the Supreme Court............... $174,000.00
Presiding Justices of the Supreme Court, each.... 169,500.00
Associate Justices of the Supreme Court, each.... 166,500.00
From and after January 1, 2023:
Chief Justice of the Supreme Court............... $181,491.00
Presiding Justices of the Supreme Court, each.... 176,737.00
Associate Justices of the Supreme Court, each 173,800.00
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, 2023, 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:
Through December 31, 2022:
Chief Judge of the Court of Appeals.............. $161,500.00
Associate Judges of the Court of Appeals, each... 158,500.00
From and after January 1, 2023:
Chief Judge of the Court of Appeals $169,349.00
Associate Judges of the Court of Appeals, each... 168,467.00
From and after January 1, 2023, 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:
Through December 31, 2022:
Chancery Judges, each........................... $149,000.00
Circuit Judges, each............................ 149,000.00
From and after January 1, 2023:
Chancery Judges, each........................... $158,000.00
Circuit Judges, each............................ 158,000.00
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, 2023, 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, 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 Four Hundred Dollars ($134,400.00).
(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 4. This act shall take effect and be in force from and after July 1, 2024.