Bill Text: MS HB868 | 2013 | Regular Session | Engrossed

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Bill Title: Justice court clerks; clarify annual educational requirements.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-03-05 - Died In Committee [HB868 Detail]

Download: Mississippi-2013-HB868-Engrossed.html

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MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Judiciary A

By: Representative Horan

House Bill 868

(As Passed the House)

AN ACT TO AMEND SECTION 9-11-29, MISSISSIPPI CODE OF 1972, TO CLARIFY THE ANNUAL TRAINING REQUIREMENT IMPOSED UPON JUSTICE COURT CLERKS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 9-11-29, Mississippi Code of 1972, is amended as follows:

     9-11-29.  (1)  Within ninety (90) days after appointment, every person appointed as clerk of the justice court under the provisions of Section 9-11-27, or a deputy clerk designated to receive training under Section 9-11-27, shall file annually in the office of the circuit clerk a certificate of completion of a course of training and education conducted by the Mississippi Judicial College of the University of Mississippi Law Center.  The training course shall be known as the "Justice Court Clerks Training Course" and shall consist of at least twelve (12) hours of instruction.  The contents of the courses and when and where the courses are to be conducted shall be determined by the judicial college.  The judicial college shall issue a certificate of completion to the clerks and deputy clerks who complete a course.

     (2)  Every person appointed as clerk and deputy clerk of the justice court shall, before entering into the duties of the position, give bond, with sufficient surety, to be payable, conditioned and approved as provided by law and in the same manner as other county officers, in a penalty equal to Fifty Thousand Dollars ($50,000.00); and any party interested may proceed on such bond in a summary way, by motion in any court having jurisdiction of the same, against the principal and sureties, upon giving five (5) days' previous notice.  The cost of * * *such the bond shall be paid by the county.

     (3)  Upon the failure of any person appointed as clerk of the justice court to file the certificates of completion as provided in subsection (1) of this section, * * *such that person shall not be allowed to carry out any of the duties of the office of clerk of the justice court, and shall not be entitled to compensation for the period of time during which * * *such the required certificates remain unfiled.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2013.

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