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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Oliver
HOUSE BILL NO. 1604
AN ACT TO AMEND SECTION 9-11-31, MISSISSIPPI CODE OF 1972, TO 1
PROVIDE THAT WHEN A JUSTICE COURT JUDGE IS UNABLE, BY REASON OF 2
BEING UNDER ANY SUSPENSION BY A CIRCUIT COURT JUDGE WHILE UNDER 3
INDICTMENT FOR A FELONY OFFENSE, THE BOARD OF SUPERVISORS OF THE 4
COUNTY IN WHICH SUCH JUDGE SERVES SHALL APPOINT ANOTHER JUSTICE 5
COURT JUDGE OF THE COUNTY OR AN ADJOINING COUNTY OR A MUNICIPAL 6
COURT JUDGE TO ATTEND AND HOLD SAID COURT AND PERFORM ALL THE 7
DUTIES OF SUCH JUDGE DURING SUCH SUSPENSION; TO PROVIDE THAT ANY 8
PRESENTLY SITTING JUSTICE COURT JUDGE APPOINTED TO PERFORM DUTIES 9
OF THE SUSPENDED JUDGE SHALL RECEIVE ADDITIONAL COMPENSATION FOR 10
HIS SERVICE; TO AMEND SECTION 25-3-36, MISSISSIPPI CODE OF 1972, 11
TO PROVIDE THAT ANY JUSTICE COURT JUDGE WHO IS UNABLE TO ATTEND 12
AND HOLD COURT BY REASON OF BEING UNDER SUSPENSION BY A CIRCUIT 13
COURT JUDGE WHILE UNDER INDICTMENT FOR A FELONY OFFENSE, SHALL NOT 14
RECEIVE A SALARY WHILE UNDER SUCH SUSPENSION; AND FOR RELATED 15
PURPOSES. 16
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 17
SECTION 1. Section 9-11-31, Mississippi Code of 1972, is 18
amended as follows: 19
9-11-31. (1) (a) When any justice court judge is unable, 20
by reason of being under any suspension by the Commission on 21
Judicial Performance or the Mississippi Supreme Court, suspension 22
by a circuit court judge while under indictment for a felony 23
offense, or by reason of sickness or other disability, to attend 24
and hold court at the time and place required by law to do so for 25
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a period of time in excess of thirty (30) consecutive days, and 26
due to such inability to attend and hold court there is no judge 27
to hold court in such county, the board of supervisors of the 28
county in which such judge serves shall appoint another justice 29
court judge of the county or an adjoining county or a municipal 30
court judge to attend and hold said court and perform all the 31
duties of such judge during such suspension or disability. 32
(2) Any presently sitting justice court judge appointed 33
pursuant to subsection (1) of this section shall, for the period 34
of his service, receive * * * additional compensation from the 35
county for each day of his or her service a sum equal to 1/260ths 36
of the current salary in effect for justice court judges. Any 37
other person so appointed shall, for the period of his service, 38
receive compensation from the county for each day's service a sum 39
equal to 1/260ths of the current salary in effect for justice 40
court judges. 41
SECTION 2. Section 25-3-36, Mississippi Code of 1972, is 42
amended as follows: 43
25-3-36. (1) Until October 1, 2008, every justice court 44
judge shall receive as full compensation for his or her services, 45
and in lieu of any and all other fees, costs or compensation 46
heretofore authorized for such justice court judge, an annual 47
salary based upon the population of his or her county according to 48
the latest federal decennial census; however, no justice court 49
judge shall be paid less than the salary authorized under this 50
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section to be paid the justice court judge based upon the 51
population of the county according to the 1980 federal decennial 52
census. The amount of which salary shall be determined as 53
follows: 54
(a) In counties with a population of more than two 55
hundred thousand (200,000), a salary of Fifty-five Thousand Five 56
Hundred Fifty-nine Dollars ($55,559.00). 57
(b) In counties with a population of more than one 58
hundred fifty thousand (150,000) but not more than two hundred 59
thousand (200,000), a salary of Fifty-one Thousand Five Dollars 60
($51,005.00). 61
(c) In counties with a population of more than 62
seventy-five thousand (75,000) but not more than one hundred fifty 63
thousand (150,000), a salary of Forty-six Thousand Four Hundred 64
Fifty-one Dollars ($46,451.00). 65
(d) In counties with a population of more than 66
forty-nine thousand (49,000) but not more than seventy-five 67
thousand (75,000), a salary of Forty Thousand Seventy-five Dollars 68
($40,075.00). 69
(e) In counties with a population of more than 70
thirty-four thousand (34,000) but not more than forty-nine 71
thousand (49,000), a salary of Thirty-four Thousand Six Hundred 72
Ten Dollars ($34,610.00). 73
(f) In counties with a population of more than 74
twenty-four thousand five hundred (24,500) but not more than 75
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thirty-four thousand (34,000), a salary of Thirty-two Thousand 76
Seven Hundred Eighty-nine Dollars ($32,789.00). 77
(g) In counties with a population of more than 78
twenty-one thousand (21,000) but not more than twenty-four 79
thousand five hundred (24,500), a salary of Twenty-nine Thousand 80
One Hundred Forty-six Dollars ($29,146.00). 81
(h) In counties with a population of more than sixteen 82
thousand five hundred (16,500) but not more than twenty-one 83
thousand (21,000), a salary of Twenty-five Thousand Five Hundred 84
Two Dollars ($25,502.00). 85
(i) In counties with a population of more than twelve 86
thousand (12,000) but not more than sixteen thousand five hundred 87
(16,500), a salary of Twenty-one Thousand Eight Hundred Fifty-nine 88
Dollars ($21,859.00). 89
(j) In counties with a population of more than eight 90
thousand (8,000) but not more than twelve thousand (12,000), a 91
salary of Eighteen Thousand Dollars ($18,000.00). 92
(k) In counties with a population of eight thousand 93
(8,000) or less, a salary of Fourteen Thousand Four Hundred 94
Dollars ($14,400.00). 95
The board of supervisors of any county having two (2) 96
judicial districts and two (2) justice court judges for the county 97
shall pay each justice court judge an amount equal to that 98
provided in this subsection for judges in the next higher 99
population category per year, if the justice court judge maintains 100
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regular office hours and is personally present in the office they 101
maintain for at least thirty (30) hours per week. 102
In any county having a population greater than eight thousand 103
(8,000) but less than eight thousand five hundred (8,500) 104
according to the 1990 federal decennial census and in which U.S. 105
Highway 61 and Mississippi Highway 4 intersect, the board of 106
supervisors, in its discretion, may pay such justice court judges 107
an additional amount not to exceed the sum of Eleven Thousand Five 108
Hundred Fifty Dollars ($11,550.00) per year, payable beginning 109
April 1, 1997. 110
In any county having a population greater than ten thousand 111
(10,000) but less than ten thousand five hundred (10,500) 112
according to the 1990 federal decennial census and in which 113
Mississippi Highway 3 and Mississippi Highway 6 intersect, the 114
board of supervisors, in its discretion, may pay such justice 115
court judges an additional amount not to exceed One Thousand Four 116
Hundred Fifty Dollars ($1,450.00) per year, payable beginning 117
April 1, 1997. 118
In any county having a population greater than twenty-four 119
thousand seven hundred (24,700) and less than twenty-four thousand 120
nine hundred (24,900), according to the 1990 federal census, 121
wherein Mississippi Highways 15 and 16 intersect, the board of 122
supervisors shall pay such justice court judge an additional 123
amount equal to Two Thousand Five Hundred Dollars ($2,500.00) per 124
year. 125
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(2) From and after October 1, 2008, every justice court 126
judge shall receive as full compensation for his or her services, 127
and in lieu of any and all other fees, costs or compensation 128
heretofore authorized for such justice court judge, an annual 129
salary in an amount that is the greater of the following: 130
(a) The amount paid to a member of the board of 131
supervisors in the same county in which the justice court judge 132
presides; or 133
(b) One hundred three percent (103%) of the salary 134
authorized under this section as of September 30, 2008, for a 135
justice court judge in that county. 136
If supervisors of a county receive a salary increase, justice 137
court judges whose salary is determined under this paragraph shall 138
be paid an amount reflecting a commensurate increase. 139
(3) Notwithstanding the provisions of subsection (1) of this 140
section, in the event that the number of justice court judges 141
authorized pursuant to Section 9-11-2(1) is exceeded pursuant to 142
the provisions of Section 9-11-2(4), the aggregate of the salaries 143
paid to the justice court judges of such a county shall not exceed 144
the amount sufficient to pay the number of justice court judges 145
authorized pursuant to Section 9-11-2(1), and such amount shall be 146
equally divided among those justice court judges continuing to 147
hold office under the provisions of Section 9-11-2(4). 148
(4) From and after January 1, 1984, all fees, costs, fines 149
and penalties charged and collected in the justice court shall be 150
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paid to the clerk of the justice court for deposit, along with 151
monies from cash bonds and other monies which have been forfeited 152
in criminal cases, into the general fund of the county as provided 153
in Section 9-11-19; and the clerk of the board of supervisors 154
shall be authorized and empowered, upon approval by the board of 155
supervisors, to make disbursements and withdrawals from the 156
general fund of the county in order to pay any reasonable and 157
necessary expenses incurred in complying with this section, 158
including payment of the salaries of justice court judges as 159
provided by subsection (1) of this section. The provisions of 160
this subsection shall not, except as to cash bonds and other 161
monies which have been forfeited in criminal cases, apply to 162
monies required to be deposited in the justice court clerk 163
clearing account as provided in Section 9-11-18, Mississippi Code 164
of 1972. 165
(5) The salaries provided for in this section shall be 166
payable monthly by warrant drawn by the clerk of the board of 167
supervisors on the general fund of the county; however, the board 168
of supervisors, by resolution duly adopted and entered on its 169
minutes, may provide that such salaries shall be paid semimonthly 170
on the first and fifteenth day of each month or every two (2) 171
weeks pursuant to Section 25-3-29. If a pay date falls on a 172
weekend or legal holiday, salary payments shall be made on the 173
workday immediately preceding the weekend or legal holiday. 174
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ST: Justice court; revise certain provisions
regarding suspended judges.
(6) Provided, that the salary of any justice court judge 175
shall not be reduced during his term of office as a result of a 176
population change following a federal decennial census. 177
(7) Any justice court judge who is unable to attend and hold 178
court by reason of being under suspension by the Commission on 179
Judicial Performance or the Mississippi Supreme Court, or 180
suspension by a Circuit Court judge while under indictment for a 181
felony offense, shall not receive a salary while under such 182
suspension. 183
SECTION 3. This act shall take effect and be in force from 184
and after its passage. 185