House Bill 1054

AN ACT TO AMEND SECTION 25-32-4, MISSISSIPPI CODE OF 1972, TO INCREASE THE AUTHORIZED NUMBER OF FULL-TIME ASSISTANT PUBLIC DEFENDERS WHO WILL PERFORM DUTIES IN THE SEVENTH CIRCUIT COURT DISTRICT AND THE CAPITOL COMPLEX IMPROVEMENT DISTRICT (CCID) INFERIOR COURT; TO PROVIDE THAT THOSE FULL-TIME ASSISTANT PUBLIC DEFENDERS SHALL BE PROVIDED WITH OFFICE SPACE, EQUIPMENT AND SUPPLIES, TWO INVESTIGATORS, TWO LEGAL SECRETARIES, AND ALL REASONABLE EXPENSES OF OPERATING THE OFFICE, AT LEAST EQUAL TO OR MORE THAN THE DISTRICT ATTORNEY OF THE SEVENTH CIRCUIT COURT DISTRICT, SUBJECT TO AVAILABLE FUNDS SPECIFICALLY APPROPRIATED BY THE LEGISLATURE; TO BRING FORWARD SECTIONS 25-32-3, 25-32-5 AND 25-32-7, MISSISSIPPI CODE OF 1972, WHICH RELATE TO APPOINTMENT OF PUBLIC DEFENDERS AND ASSISTANT PUBLIC DEFENDERS, COMPENSATION FOR PUBLIC DEFENDERS, AND OFFICE SPACE AND EXPENSES FOR PUBLIC DEFENDERS, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-32-4, Mississippi Code of 1972, is amended as follows:

25-32-4. (1) The public defender of the Seventh Circuit Court District may appoint * * *~~three (3)~~ six (6) full-time assistant public defenders, who shall perform duties in the Seventh Circuit Court District and the Capitol Complex Improvement District (CCID) Inferior Court. Such appointments shall be made in addition to those authorized as of July 1, 2023 in Section 25-32-3. The full-time assistant public defenders shall receive compensation in an amount equal to the compensation paid to full-time assistant public defenders in the Seventh Circuit Court District, subject to available funds specifically appropriated by the Legislature.

(2) The full-time assistant public defenders appointed under this section shall be provided with office space, equipment and supplies, two (2) investigators, two (2) legal secretaries, and all reasonable expenses of operating the office, at least equal to or more than the District Attorney of the Seventh Circuit Court District, subject to available funds specifically appropriated by the Legislature.

SECTION 2. Section 25-32-3, Mississippi Code of 1972, is brought forward as follows:

25-32-3. (1) When the office of public defender is established, the circuit judge or the senior circuit judge, if there be more than one (1) circuit judge, shall appoint a practicing attorney to serve the county or counties as public defender until the end of the term of office of the district attorney and thereafter for a term of four (4) years and said term shall coincide with the term of the district attorney. Such appointee shall be selected from a list of two (2) or more attorneys recommended by the county or regional bar association. In the event a vacancy shall occur in the office of the public defender, the circuit judge or the senior circuit judge, if there be more than one (1) circuit judge, shall appoint another person to serve as public defender until the end of the regular term of office.

(2) Assistant public defenders may be authorized by the board of supervisors, or boards of supervisors if two (2) or more counties are acting jointly. The public defender shall appoint all assistant public defenders. Such assistant public defenders may be compensated in such an amount as may be authorized by the respective board of supervisors; provided, however, that in no case may such assistant public defenders receive compensation in an amount greater than that received by the public defender.

SECTION 3. 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 4. Section 25-32-7, Mississippi Code of 1972, is brought forward as follows:

25-32-7. (1) The public defender shall be provided with office space, secretarial assistance, and all reasonable expenses of operating the office, at least equal to or more than the county prosecuting attorney, or the district attorney if the public defender represents the entire circuit court district. The compensation and expenses of the public defender's office shall be paid by the county or counties if two (2) or more counties are acting jointly. The funds shall be paid upon allowance by the board of supervisors by order spread upon the minutes of the board.

(2) The public defender is authorized to assign the duties of and exercise supervision over all employees of the office without regard to the source of funding for those employees.

SECTION 5. This act shall take effect and be in force from and after July 1, 2025.