Bill Text: MS HB1398 | 2025 | Regular Session | Introduced
Bill Title: Municipal judges; provide a term of office for.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2025-01-20 - Referred To Judiciary A [HB1398 Detail]
Download: Mississippi-2025-HB1398-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary A
By: Representatives Hood, Horan
House Bill 1398
AN ACT TO AMEND SECTIONS 21-23-3, 21-23-5 AND 21-23-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MUNICIPAL JUDGES ARE TO BE APPOINTED FOR A FIXED TERM OF OFFICE TO RUN CONCURRENTLY WITH THE TERMS OF OFFICE OF THE APPOINTING MUNICIPAL GOVERNING AUTHORITIES; TO PROVIDE THAT A MUNICIPAL JUDGE FORFEITS HIS OFFICE AND SHALL BE INELIGIBLE TO SERVE IF HE BECOMES UNQUALIFIED TO SERVE FOR ANY REASON; TO BRING FORWARD SECTION 21-3-3, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 21-23-3, Mississippi Code of 1972, is amended as follows:
21-23-3. In all municipalities having a population of ten thousand (10,000) or more, according to the latest available federal census, there shall be a municipal judge and a prosecuting attorney, who shall be appointed by the governing authorities of the municipality at the time provided for the appointment of other officers. The municipal governing authorities may appoint one (1) additional municipal judge, who shall exercise the same authority and prerogatives of the office, regardless of the presence or absence of the other municipal judge. Except as otherwise provided in Section 21-23-5, a municipal judge shall be a qualified elector of the county in which the municipality is located and shall be an attorney at law. Such municipal judges and prosecuting attorney shall receive a salary, to be paid by the municipality, and to be fixed by the governing authorities of the municipality.
In any proceeding in which a conflict of interest arises for the prosecuting attorney, or any other reason dictates that he recuse himself, the mayor of the municipality may appoint a special prosecuting attorney for that particular proceeding. Such special prosecuting attorney shall be compensated for his services in the same manner and amount as allowed under Section 21-23-7 for appointed counsel for indigent persons.
Provided, however, the governing authorities of any municipality having a population in excess of ten thousand (10,000) persons according to the latest available federal census and situated in a county having an area in excess of nine hundred thirty-five (935) square miles and having a county court may, in their discretion, follow the provisions as set out in Section 21-23-5 for municipalities having a population of less than ten thousand (10,000).
Provided, further, the governing authorities of any municipality having a population in excess of fifty thousand (50,000) according to the latest federal decennial census may, in their discretion, provide for the appointment of not more than ten (10) municipal judges for said municipality, each of whom shall exercise the same authority and prerogatives of their office, regardless of the presence or absence of the other municipal judges.
The term of office of any municipal judge appointed pursuant to this section shall be for a fixed term of office to run concurrently with the term of office of the appointing governing authorities of the municipality; provided, however, that a municipal judge forfeits his office and shall be ineligible to serve if he becomes unqualified to serve for any reason.
SECTION 2. Section 21-23-5, Mississippi Code of 1972, is amended as follows:
21-23-5. In any municipality having a population of less than ten thousand (10,000) according to the latest available federal census, it shall be discretionary with the governing authorities of the municipality as to whether or not a municipal judge or a prosecuting attorney, or both, shall be appointed. If the authorities of any municipality having a population of less than twenty thousand (20,000) according to the latest available federal census appoint a municipal judge, he shall be an attorney licensed in the State of Mississippi or a justice court judge of the county in which the municipality is located. The term of office of any municipal judge appointed pursuant to this section shall be for a fixed term of office to run concurrently with the term of office of the appointing governing authorities of the municipality; provided, however, that a municipal judge forfeits his office and shall be ineligible to serve if he becomes unqualified to serve for any reason. The mayor or mayor pro tempore shall not serve as a municipal judge.
SECTION 3. Section 21-23-9, Mississippi Code of 1972, is amended as follows:
21-23-9. In any municipality where a municipal judge is appointed or elected, the governing authorities shall have the power and authority to appoint a municipal judge pro tempore who shall have the same powers and qualifications for office as the municipal judge and shall perform all duties of the municipal judge in the absence of such municipal judge or if such municipal judge is unable to serve for any reason. In the event a municipal judge pro tempore is not appointed or is absent or unable for any reason to serve, any justice court judge of the county or municipal judge of another municipality may serve in his place with the same power and authority upon designation by the municipal judge. The term of office of any municipal judge appointed pursuant to this section shall be for a fixed term of office to run concurrently with the term of office of the appointing governing authorities of the municipality; provided, however, that a municipal judge forfeits his office and shall be ineligible to serve if he becomes unqualified to serve for any reason. Any municipality that appoints a municipal judge pro tempore in the absence of a municipal judge or has a justice court judge serve in the absence of a municipal court judge, as provided in this section, is authorized to compensate that municipal judge pro tempore or justice court judge in the same manner and amount as the municipality provides for the appointed or elected municipal judge who is absent.
SECTION 4. Section 21-3-3, Mississippi Code of 1972, is brought forward as follows:
21-3-3. The elective officers of all municipalities operating under a code charter shall be the mayor, the aldermen, municipal judge, the marshal or chief of police, the tax collector and the tax assessor. From and after July 1, 2017, the governing authorities of the municipality shall appoint a city or town clerk who shall likewise serve as an officer of the municipality. However, the governing authorities of the municipality shall have the power, by ordinance, to combine the office of clerk or marshal with the office of tax collector and/or tax assessor. Such governing authorities shall have the further power to provide that all or any of such officers, except those of mayor and aldermen, shall be appointive, in which case the marshal or chief of police, the tax collector, the tax assessor, and the city or town clerk, or such of such officers as may be made appointive, shall be appointed by the governing authorities. Any action taken by the governing authorities to make any of such offices appointive shall be by ordinance of such municipality, and no such ordinance shall be adopted within ninety (90) days prior to any regular general election for the election of municipal officers. No such ordinance shall become effective during the term of office of any officer whose office shall be affected thereby. If any such office is made appointive, the person appointed thereto shall hold office at the pleasure of the governing authorities and may be discharged by such governing authorities at any time, either with or without cause, and it shall be discretionary with the governing authorities whether or not to require such person appointed thereto to reside within the corporate limits of the municipality in order to hold such office.
SECTION 5. This act shall take effect and be in force from and after July 1, 2025.
