Bill Text: MS SB2454 | 2015 | Regular Session | Introduced
Bill Title: Madison County; create Twenty-third Circuit Court District.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-02-03 - Died In Committee [SB2454 Detail]
Download: Mississippi-2015-SB2454-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Judiciary, Division A
By: Senator(s) Longwitz
Senate Bill 2454
AN ACT TO ENACT TRIAL COURT REDISTRICTING; TO AMEND SECTION 9-7-53, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE TWENTIETH CIRCUIT COURT DISTRICT SHALL CONSIST SOLELY OF RANKIN COUNTY; TO AMEND SECTION 9-7-54, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR JUDGES TO SERVE THE TWENTIETH CIRCUIT COURT DISTRICT; TO CREATE NEW SECTION 9-7-59, MISSISSIPPI CODE OF 1972, TO CREATE THE TWENTY-THIRD CIRCUIT COURT DISTRICT AND TO PROVIDE FOR JUDGES TO SERVE THE TWENTY-THIRD CIRCUIT COURT DISTRICT; TO PROVIDE FOR THE ELECTION AND TERM OF THE INITIAL HOLDER OF THE OFFICE OF DISTRICT ATTORNEY FOR THE NEWLY CREATED TWENTY-THIRD CIRCUIT COURT DISTRICT; TO AMEND SECTION 25-31-5, MISSISSIPPI CODE OF 1972, TO REVISE THE NUMBER OF LEGAL ASSISTANTS TO DISTRICT ATTORNEYS TO CONFORM; TO AMEND SECTION 25-31-10, MISSISSIPPI CODE OF 1972, TO REVISE THE NUMBER OF CRIMINAL INVESTIGATORS FOR DISTRICT ATTORNEYS TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
WHEREAS, it is the responsibility of the Legislature under Section 152 of the Mississippi Constitution of 1890 to divide the state into an appropriate number of circuit and chancery court districts; and
WHEREAS, the Legislature has investigated the state of the trial courts and the trial court districts and has considered the needs of the state according to all the criteria imposed by the Constitution and by general law; NOW, THEREFORE,
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-7-53, Mississippi Code of 1972, is amended as follows:
9-7-53. The Twentieth
Circuit Court District shall be * * *
Rankin County.
SECTION 2. Section 9-7-54, Mississippi Code of 1972, is amended as follows:
9-7-54. (1) There shall be two (2) judges for the Twentieth Circuit Court District.
(2) For purposes of appointment and election, the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
(3) The judges for the Twentieth Circuit Court District as it is reconstituted on January 1, 2016, shall be as follows:
(a) The holder of Place One shall be that judge who was a resident of Rankin County when elected to the office of circuit judge of the Twentieth Circuit Court District in the November 2014 judicial election, if the judge remains a resident of Rankin County and has not left office or been removed.
(b) The initial holder of Place Two shall be elected for a three-year term in a special election to be held in conjunction with the regular election of November 2015; thereafter, the circuit judges of the Twentieth Circuit Court District shall be elected and serve for a four-year term, and any vacancy in office be filled, as is provided for circuit judges generally.
SECTION 3. The following shall be codified as Section 9-7-59, Mississippi Code of 1972:
9-7-59. (1) The Twenty-third Circuit Court District shall be Madison County.
(2) (a) There shall be two (2) judges for the Twenty-third Circuit Court District.
(b) For purposes of appointment and election, the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
(3) The judges for the Twenty-Third Circuit Court District as it is created on January 1, 2016, shall be as follows:
(a) The initial holder of Place One shall be that judge who was a resident of Madison County when elected to the office of circuit judge of the Twentieth Circuit Court District in the November 2014 judicial election, if the judge remains a resident of Madison County and has not left office or been removed. (b) The initial holder of Place Two shall be elected in a special election to be held in conjunction with the November 2015 general election.
(c) The initial terms for Place One and Place Two shall be for three (3) years and begin on January 1, 2016; thereafter, the circuit judges of the Twenty-third Circuit shall be elected and serve for a four-year term, and any vacancy in office be filled, as is provided for circuit judges generally.
SECTION 4. Section 25-31-5, Mississippi Code of 1972, is amended as follows:
25-31-5. (1) The following number of full-time legal assistants are authorized in the following circuit court districts:
......... (a) First Circuit Court District......... nine (9)
legal assistants.
(b) Second Circuit Court District........ ten (10)
legal assistants.
......... (c) Third Circuit Court District......... five (5)
legal assistants.
......... (d) Fourth Circuit Court District........ six (6)
legal assistants.
......... (e) Fifth Circuit Court District......... five (5)
legal assistants.
......... (f) Sixth Circuit Court District......... two (2)
legal assistants.
......... (g) Seventh Circuit Court District....... eleven (11)
legal assistants.
......... (h) Eighth Circuit Court District......... three (3)
legal assistants.
......... (i) Ninth Circuit Court District.......... three (3)
legal assistants.
......... (j) Tenth Circuit Court District.......... four (4)
legal assistants.
(k) Eleventh Circuit Court District....... five (5)
legal assistants.
......... (l) Twelfth Circuit Court District........ five (5)
legal assistants.
......... (m) Thirteenth Circuit Court District..... four (4)
legal assistants.
......... (n) Fourteenth Circuit Court District..... five (5)
legal assistants.
......... (o) Fifteenth Circuit Court District...... six (6)
legal assistants.
(p) Sixteenth Circuit Court District...... five (5)
legal assistants.
......... (q) Seventeenth Circuit Court District.... seven (7)
legal assistants.
......... (r) Eighteenth Circuit Court District..... two (2)
legal assistants.
......... (s) Nineteenth Circuit Court District..... five (5)
legal assistants.
......... (t)
Twentieth Circuit Court District * * * three (3)
legal assistants.
(u) Twenty-first Circuit Court District... three (3)
legal assistants.
......... (v) Twenty-second Circuit Court District.. three (3)
legal assistants.
(w) Twenty-third Circuit Court District..... two (2)
legal assistants.
(2) In addition to any legal assistants authorized pursuant to subsection (1) of this section, the following number of full-time legal assistants are authorized (i) in the following circuit court districts if funds are appropriated by the Legislature to adequately fund the salaries, expenses and fringe benefits of such legal assistants, or (ii) in any of the following circuit court districts in which the board of supervisors of one or more of the counties in a circuit court district adopts a resolution to pay all of the salaries, supplemental pay, expenses and fringe benefits of legal assistants authorized in such district pursuant to this subsection:
......... (a) First Circuit Court District........... two (2)
legal assistants.
......... (b) Second Circuit Court District.......... two (2)
legal assistants.
......... (c) Third Circuit Court District........... two (2)
legal assistants.
......... (d) Fourth Circuit Court District.......... two (2)
legal assistants.
......... (e) Fifth Circuit Court District........... two (2)
legal assistants.
......... (f) Sixth Circuit Court District........... two (2)
legal assistants.
......... (g) Seventh Circuit Court District......... two (2)
legal assistants.
......... (h) Eighth Circuit Court District.......... two (2)
legal assistants.
......... (i) Ninth Circuit Court District........... two (2)
legal assistants.
......... (j) Tenth Circuit Court District........... two (2)
legal assistants.
......... (k) Eleventh Circuit Court District........ two (2)
legal assistants.
......... (l) Twelfth Circuit Court District......... two (2)
legal assistants.
......... (m) Thirteenth Circuit Court District...... two (2)
legal assistants.
......... (n) Fourteenth Circuit Court District...... two (2)
legal assistants.
......... (o) Fifteenth Circuit Court District....... two (2)
legal assistants.
(p) Sixteenth Circuit Court District....... two (2)
legal assistants.
......... (q) Seventeenth Circuit Court District..... two (2)
legal assistants.
(r) Eighteenth Circuit Court District...... two (2)
legal assistants.
......... (s) Nineteenth Circuit Court District...... two (2)
legal assistants.
......... (t) Twentieth Circuit Court District....... two (2)
legal assistants.
......... (u) Twenty-first Circuit Court District.... two (2)
legal assistants.
......... (v) Twenty-second Circuit Court District... two (2)
legal assistants.
(w) Twenty-third Circuit Court District... three (3)
legal assistants.
(3) The board of supervisors of any county may pay all or a part of the salary, supplemental pay, expenses and fringe benefits of any district attorney or legal assistant authorized in the circuit court district to which such county belongs pursuant to this section.
(4) The district attorney of any circuit court district may employ additional legal assistants or criminal investigators, or both, without regard to any limitation on the number of legal assistants authorized in this section or criminal investigators authorized by other provisions of law to the extent that the district attorney's office receives funds from any source. Any source shall include, but is not limited to, office generated funds, funds from a county, a combination of counties, a municipality, a combination of municipalities, federal funds, private grants or foundations, or by means of an Interlocal Cooperative Agreement authorized by Section 17-13-1 which may be expended for those positions in an amount sufficient to pay all of the salary, supplemental pay, expenses and fringe benefits of the positions. Such funds may either be paid out of district attorney accounts, transferred by the district attorney to the Department of Finance and Administration or to one or more of the separate counties comprising the circuit court district, and said funds shall be disbursed to such employees in the same manner as state-funded criminal investigators and full-time legal assistants. The district attorney shall report to the board of supervisors of each county comprising the circuit court district the amount and source of the supplemental salary, expenses and fringe benefits, and the board in each county shall spread the same on its minutes. The district attorney shall also report such information to the Department of Finance and Administration which shall make such information available to the Legislative Budget Office.
(5) The district attorney shall be authorized to assign the duties of a legal assistant regardless of the source of funding for such legal assistants.
SECTION 5. Section 25-31-10, Mississippi Code of 1972, is amended as follows:
25-31-10. (1) Any district attorney may appoint a full-time criminal investigator.
(2) The district attorneys
of the Third, Fifth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth,
Fifteenth, Sixteenth * * *
and Seventeenth * * * Circuit Court Districts may appoint one (1) additional
full-time criminal investigator for a total of two (2) full-time criminal
investigators.
(3) The district attorneys of the First, Second, Fourth, Seventh and Nineteenth Circuit Court Districts may appoint two (2) additional full-time criminal investigators for a total of three (3) full-time criminal investigators.
(4) No district attorney or
assistant district attorney shall accept any private employment, civil or
criminal, in any matter investigated by * * * a criminal * * * investigator.
(5) The full and complete
compensation for all public duties rendered by * * * the criminal investigators shall be
not more than Fifty-nine Thousand Five Hundred Dollars ($59,500.00) per annum,
to be determined at the discretion of the district attorney based upon the
qualifications, education and experience of the criminal investigator, plus
necessary travel and other expenses, to be paid in accordance with Section 25-31-8.
However, the maximum salary under this subsection for a criminal investigator
who has a law degree may be supplemented by the district attorney from other
available funds, but not to exceed the maximum salary for a legal assistant to
a district attorney.
(6) Any criminal investigator may be designated by the district attorney to attend the Law Enforcement Officers Training Program set forth in Section 45-6-1 et seq., Mississippi Code of 1972. The total expenses associated with attendance by criminal investigators at the Law Enforcement Officers Training Program shall be paid out of the funds of the appropriate district attorney.
(7) The district attorney
shall be authorized to assign the duties of criminal investigators regardless
of the source of funding for * * * a criminal * * * investigator.
SECTION 6. If this act does not provide that an incumbent elected in the November 2014 judicial election is to fill a judgeship, candidates for new judgeships created by Sections 2 and 3 of this act for a three-year term to begin January 1, 2016, shall run for those offices in a special election to be conducted in conjunction with the general election of November 2015. Candidates shall file intent to be a candidate not later than 5:00 p.m. on the first Friday after the first Monday in May 2015, and otherwise 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).
SECTION 7. (1) The initial holder of the office of District Attorney for the Twenty-third Circuit Court District will be elected in the November 2015 general election. The person elected shall begin the term of office January 1, 2016, and there shall be no vacancy of the office before that time.
(2) A resident of Madison County who has qualified to run for the office of District Attorney of the Twentieth Circuit Court District on or before the effective date of this act, shall be entitled to a full refund of all fees paid to any election official upon application therefor.
(3) Candidates for District Attorney of the Twentieth and Twenty-third Circuit Court Districts shall qualify by filing intent to be a candidate not later than 5:00 p.m. on the first Friday after the first Monday in May, 2015, and shall otherwise comply with and be subject to Title 23, Chapter 15, Mississippi Code of 1972 (Mississippi Election Code). A resident of Rankin County who has qualified to run for district attorney of the Twentieth Circuit Court District on or before the effective date of this act is not required to further qualify under this section.
SECTION 8. This act shall take effect and be in force from and after January 1, 2016, except that Sections 6 and 7 of this act shall take effect and be in force from and after its passage.
