Judicial System Operation Fund; bring forward sections relating to.

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To: Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Read, Cockerham

HOUSE BILL NO. 1654

AN ACT TO BRING FORWARD SECTION 9-1-36, MISSISSIPPI CODE OF 1
1972, WHICH PROVIDES OPERATING ALLOWANCES FOR JUDGES, FOR PURPOSES 2
OF AMENDMENT; TO BRING FORWARD SECTION 9-21-45, MISSISSIPPI CODE 3
OF 1972, WHICH PROVIDES FOR THE JUDICIAL SYSTEM OPERATION FUND, 4
FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTIONS 25-7-3, 5
25-7-9 AND 25-7-13, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FEE 6
SCHEDULES FOR JUDICIAL CLERKS, FOR PURPOSES OF AMENDMENT; AND FOR 7
RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 9-1-36, Mississippi Code of 1972, is 10
brought forward as follows: 11
9-1-36. (1) Each circuit judge and chancellor shall receive 12
an office operating allowance for the expenses of operating the 13
office of the judge, including retaining a law clerk, legal 14
research, stenographic help, stationery, stamps, furniture, office 15
equipment, telephone, office rent and other items and expenditures 16
necessary and incident to maintaining the office of judge which 17
may include expenses to travel out of state once per state fiscal 18
year for continuing legal education classes and or seminars if 19
approved by the Chief Justice. The allowance shall be paid only 20
to the extent of actual expenses incurred by the judge as itemized 21
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and certified by the judge to the Supreme Court in the amounts set 22
forth in this subsection; however, the judge may expend sums in 23
excess thereof from the compensation otherwise provided for his 24
office. 25
From and after July 1, 2023, the office operating allowance 26
under this subsection shall be Fifteen Thousand Dollars 27
($15,000.00) per annum. 28
(2) In addition to the amounts provided for in subsection 29
(1), there is created a separate office allowance fund for the 30
purpose of providing support staff to judges. This fund shall be 31
managed by the Administrative Office of Courts. 32
(3) Each judge who desires to employ support staff must have 33
each candidate approved by the Administrative Office of Courts 34
before the positions may be filled. The Administrative Office of 35
Courts shall not approve any hire which does not first require the 36
expenditure of the funds in the support staff fund for 37
compensation of any of the support staff before expenditure is 38
authorized of county funds for that purpose. Upon approval by the 39
Administrative Office of Courts, the judge or judges may appoint 40
the employees to the position or positions, and each employee so 41
appointed will work at the will and pleasure of the judge or 42
judges who appointed him but will be employees of the 43
Administrative Office of Courts. Upon approval by the 44
Administrative Office of Courts, the appointment of any support 45
staff shall be evidenced by the entry of an order on the minutes 46
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of the court. When support staff is appointed jointly by two (2) 47
or more judges, the order setting forth any appointment shall be 48
entered on the minutes of each participating court. 49
(4) Support staff shall receive compensation pursuant to 50
personnel policies established by the Administrative Office of 51
Courts. Each judge shall be allotted the amount of One Hundred 52
Thirty Thousand Dollars ($130,000.00) per fiscal year for all 53
support staff approved by the Administrative Office of Courts. 54
The Administrative Office of Courts may approve expenditures 55
from the fund for additional equipment for support staff appointed 56
pursuant to this section in any year in which the allocation per 57
judge is sufficient to meet the equipment expense after provision 58
for the compensation of the support staff. 59
(5) For the purposes of this section, the following terms 60
have the meaning ascribed in this subsection unless the context 61
clearly requires otherwise: 62
(a) "Judges" means circuit judges and chancellors, or 63
any combination thereof. 64
(b) "Support staff" means court administrators, law 65
clerks, legal research assistants or secretaries, or any 66
combination thereof, but shall not mean school attendance 67
officers. 68
(c) "Compensation" means the gross salary plus all 69
amounts paid for benefits or otherwise as a result of employment 70
or as required by employment; however, only salary earned for 71
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services rendered shall be reported and credited for Public 72
Employees' Retirement System purposes. Amounts paid for benefits 73
or otherwise, including reimbursement for travel expenses, shall 74
not be reported or credited for retirement purposes. 75
(d) "Law clerk" means a clerk hired to assist a judge 76
or judges who has a law degree or who is a full-time law student 77
who is making satisfactory progress at an accredited law school. 78
(6) Title to all tangible property, excepting stamps, 79
stationery and minor expendable office supplies, procured with 80
funds authorized by this section, shall be and forever remain in 81
the State of Mississippi to be used by the circuit judge or 82
chancellor during the term of his office and thereafter by his 83
successors. 84
(7) Any circuit judge or chancellor who did not have a 85
primary office provided by the county on March 1, 1988, shall be 86
allowed an additional Seven Thousand Dollars ($7,000.00) per annum 87
to defray the actual expenses incurred by the judge or chancellor 88
in maintaining an office; however, any circuit judge or chancellor 89
who had a primary office provided by the county on March 1, 1988, 90
and who vacated the office space after that date for a legitimate 91
reason, as determined by the Department of Finance and 92
Administration, shall be allowed the additional office expense 93
allowance provided under this subsection. The county in which a 94
circuit judge or chancellor sits is authorized to provide funds 95
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from any available source to assist in defraying the actual 96
expenses to maintain an office. 97
(8) The Supreme Court, through the Administrative Office of 98
Courts, shall submit to the Department of Finance and 99
Administration the itemized and certified expenses for office 100
operating allowances that are directed to the court pursuant to 101
this section. 102
(9) The Supreme Court, through the Administrative Office of 103
Courts, shall have the power to adopt rules and regulations 104
regarding the administration of the office operating allowance 105
authorized pursuant to this section. 106
SECTION 2. Section 9-21-45, Mississippi Code of 1972, is 107
brought forward as follows: 108
9-21-45. (1) There is created in the State Treasury a 109
special fund designated as the Judicial System Operation Fund. 110
The funds shall be administered by the Supreme Court through the 111
Administrative Office of Courts. The fund shall consist of monies 112
deposited therein as provided in Section 99-19-72 and monies from 113
any other source designated for deposit into the fund. The 114
Administrative Office of Courts may also accept monies from any 115
public or private source for deposit into the fund. Money 116
remaining in the fund at the end of a fiscal year shall not lapse 117
into the State General Fund, and any interest earned from the 118
investment of monies in the fund shall be deposited to the credit 119
of the fund. 120
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(2) Monies in the fund shall be subject to appropriation by 121
the Legislature and may only be used for the purpose of the 122
operation of the judicial system in the state as determined 123
necessary by the Supreme Court and to provide additional funds for 124
the judicial salaries set forth in Section 25-3-35 and Section 125
9-9-11(8). Monies in the fund used for the purposes described in 126
this section shall be in addition to other funds available from 127
any other source for such purposes. 128
SECTION 3. Section 25-7-3, Mississippi Code of 1972, is 129
brought forward as follows: 130
25-7-3. The Clerk of the Supreme Court shall charge the 131
following fees: 132
(a) General docket fee, for filing the record on appeal 133
in a civil or criminal case................................ $200.00 134
(b) Miscellaneous docket fee.................... 50.00 135
(c) Confidential miscellaneous docket fee....... 200.00 136
(d) Admission of new attorneys.................. 30.00 137
(e) Act of Congress certificate................. 25.00 138
(f) Certificate of admission replacement........ 25.00 139
(g) Certificate of good standing replacement.... 10.00 140
(h) Attest stamp................................ 5.00 141
(i) Order from Minute Book...................... 10.00 142
(j) Regular copying......................... 50 per page 143
(k) Copying from bound volumes or 144
records.............................................. 2.00 per page 145
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(l) Copy of mandate............................. 10.00 146
(m) Minimum copy charge......................... 1.00 147
(n) Notary fee.................................. 2.50 148
(o) Decision list charge........................ 5.00 149
(p) Handling charge and retrieval and delivery charges 150
on completed Supreme Court records (to be retained out of deposit) 151
On-site retrieval........................... 10.00 152
Off-site retrieval.......................... 15.00 153
(q) Forfeited deposits on completed Supreme Court 154
records.................................................... 100.00 155
(r) Petition for rehearing...................... 50.00 156
Said general docket fee shall be collected from the appellant 157
by the clerk of the lower court and forwarded to the Clerk of the 158
Supreme Court. The Clerk of the Supreme Court shall charge the 159
maximum amount allowable by law for services rendered where 160
charges for such services are provided by statute; for any other 161
services rendered, the amount charged shall be consistent with the 162
cost of providing such services. All fees shall be paid in the 163
form of cash, cashier's check, or money order or by a check on the 164
account of an attorney payable to the Clerk of the Supreme Court. 165
All fees authorized to be assessed and collected by the Clerk of 166
the Supreme Court shall be deposited into the State General Fund, 167
except that One Hundred Dollars ($100.00) of the general docket 168
fee set under paragraph (a), Twenty-five Dollars ($25.00) of the 169
miscellaneous docket fee set under paragraph (b), One Hundred 170
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Dollars ($100.00) of the confidential miscellaneous fee set under 171
paragraph (c), Fifteen Dollars ($15.00) of the act of Congress 172
certificate set under paragraph (e), Ten Dollars ($10.00) of the 173
certificate of admission replacement set under paragraph (f), Two 174
Dollars and Fifty Cents ($2.50) of the attest stamp set under 175
paragraph (h), Five Dollars ($5.00) of the order from minute book 176
set under paragraph (i), Seven Dollars ($7.00) of the copy of 177
mandate set under paragraph (l), Fifty Dollars ($50.00) of the 178
forfeited deposits on completed Supreme Court records set under 179
paragraph (q), Twenty-five Dollars ($25.00) of the petition for 180
rehearing fee under paragraph (r), and the total amount charged 181
for any other services rendered shall be deposited to the credit 182
of the Judicial System Operation Fund established in Section 183
9-21-45. 184
SECTION 4. Section 25-7-9, Mississippi Code of 1972, is 185
brought forward as follows: 186
[From and after January 1, 2024, and through December 31, 187
2027, this section shall read as follows:] 188
25-7-9. (1) The clerks of the chancery courts shall charge 189
the following fees: 190
(a) For the act of certifying copies of filed 191
documents, for each complete document................... $ 1.00 192
(b) (i) Recording each deed, will, lease, amendment, 193
subordination, lien, release, cancellation, order, decree, oath, 194
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etc., per book and page listed where applicable, each deed of 195
trust, or any other document, for the first five (5) 196
pages................................................... $ 25.00 197
(ii) Each additional page............... $ 1.00 198
(c) (i) Recording oil and gas leases, cancellations, 199
etc., including indexing in general indices; for the first five 200
(5) pages............................................... $ 25.00 201
(ii) Recording each oil and gas assignment, 202
amendment of assignment, release, etc., first five (5) 203
pages................................................... $ 25.00 204
per additional assignee................................. $ 18.00 205
(iii) Each additional page.............. $ 1.00 206
(iv) Sectional index entries per section or 207
subdivision lot......................................... $ 1.00 208
(v) Archive fee......................... $ 1.00 209
(vi) Entering marginal notations, if requested on 210
document or by cover letter, pertaining to the recording of any 211
oil and gas document only per book and page............. $ 4.00 212
(d) (i) Furnishing copies of any papers of record or 213
on file: 214
If performed by the clerk or his employee, 215
per page................................................ $ .50 216
If performed by any other person, 217
per page................................................ $ .25 218
(ii) Entering marginal notations on 219
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documents of record..................................... $ 1.00 220
(e) For attending the board of supervisors' meeting, an 221
annual sum not exceeding................................ $ 2,500.00 222
(f) For other services as clerk of the board of 223
supervisors an allowance shall be made to him (payable 224
semiannually at the July and January meetings) out of the county 225
treasury, an annual sum not exceeding................... $ 5,500.00 226
(g) For each day's attendance on the chancery court, to 227
be approved by the chancellor: 228
For the first chancellor sitting only, clerk and two (2) deputies, 229
each.................................................... $ 85.00 230
For the second chancellor sitting, clerk only........... $ 85.00 231
Provided that the fees herein prescribed shall be the total 232
remuneration for the clerk and his deputies for attending chancery 233
court. 234
(h) On order of the court, clerks and not more than two 235
(2) deputies may be allowed five (5) extra days for each term of 236
court for attendance upon the court to get up records. 237
(i) For public service not otherwise specifically 238
provided for, the chancery court may by order allow the clerk to 239
be paid by the county on the order of the board of supervisors, an 240
annual sum not exceeding................................ $ 5,000.00 241
(j) For each civil filing, to be deposited into the 242
Civil Legal Assistance Fund............................. $ 5.00 243
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The chancery clerk shall itemize on the original document a 244
detailed fee bill of all charges due or paid for filing, recording 245
and abstracting same. No person shall be required to pay such 246
fees until same have been so itemized, but those fees may be 247
demanded before the document is recorded. 248
(2) The following fee shall be a total fee for all services 249
performed by the clerk with respect to any civil case filed that 250
includes, but is not limited to, divorce, alteration of birth or 251
marriage certificate, removal of minority, guardianship or 252
conservatorship, estate of deceased, adoption that does not 253
involve the Department of Child Protection Services, land dispute 254
injunction, settlement of small claim, contempt, modification, 255
partition suit, or commitment, which shall be payable upon filing 256
and shall accrue to the chancery clerk at the time of filing. The 257
clerk or his successor in office shall perform all duties set 258
forth without additional compensation or fee............ $ 85.00 259
(3) For every civil case filed: 260
(a) An additional fee to be deposited to the credit of 261
the Comprehensive Electronic Court Systems Fund established in 262
Section 9-21-14......................................... $ 10.00 263
(b) An additional fee to be deposited to the 264
credit of the Judicial System Operation Fund established in 265
Section 9-21-45......................................... $ 40.00 266
(4) Cost of process shall be borne by the issuing party. 267
Additionally, should the attorney or person filing the pleadings 268
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desire the clerk to pay the cost to the sheriff for serving 269
process on one (1) person or more, or to pay the cost of 270
publication, the clerk shall demand the actual charges therefor, 271
at the time of filing. 272
(5) For each civil case filed including an adoption 273
involving the Department of Child Protection Services, the filing 274
shall be exempt from any fee under this section. 275
[From and after January 1, 2028, this section shall read as 276
follows:] 277
25-7-9. (1) The clerks of the chancery courts shall charge 278
the following fees: 279
(a) For the act of certifying copies of filed 280
documents, for each complete document................... $ 1.00 281
(b) (i) Recording each deed, will, lease, amendment, 282
subordination, lien, release, cancellation, order, decree, oath, 283
etc., per book and page listed where applicable, each deed of 284
trust, or any other document, for the first five (5) 285
pages................................................... $ 25.00 286
(ii) Each additional page............... $ 1.00 287
(c) (i) Recording oil and gas leases, cancellations, 288
etc., including indexing in general indices; for the first five 289
(5) pages............................................... $ 25.00 290
(ii) Recording each oil and gas assignment, 291
amendment of assignment, release, etc., first five (5) 292
pages................................................... $ 25.00 293
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per additional assignee................................. $ 18.00 294
(iii) Each additional page.............. $ 1.00 295
(iv) Sectional index entries per section or 296
subdivision lot......................................... $ 1.00 297
(v) Archive fee......................... $ 1.00 298
(vi) Entering marginal notations, if requested on 299
document or by cover letter, pertaining to the recording of any 300
oil and gas document only per book and page............. $ 4.00 301
(d) (i) Furnishing copies of any papers of record or 302
on file: 303
If performed by the clerk or his employee, 304
per page................................................ $ .50 305
If performed by any other person, 306
per page................................................ $ .25 307
(ii) Entering marginal notations on 308
documents of record..................................... $ 1.00 309
(e) For attending the board of supervisors' meeting an 310
annual sum not exceeding................................ $ 5,000.00 311
(f) For other services as clerk of the board of 312
supervisors an allowance shall be made to him (payable 313
semiannually at the July and January meetings) out of the county 314
treasury, an annual sum not exceeding................... $10,000.00 315
(g) For each day's attendance on the chancery court, to 316
be approved by the chancellor: 317
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For the first chancellor sitting only, clerk and two (2) deputies, 318
each.................................................... $ 85.00 319
For the second chancellor sitting, clerk only........... $ 85.00 320
Provided that the fees herein prescribed shall be the total 321
remuneration for the clerk and his deputies for attending chancery 322
court. 323
(h) On order of the court, clerks and not more than two 324
(2) deputies may be allowed five (5) extra days for each term of 325
court for attendance upon the court to get up records. 326
(i) For public service not otherwise specifically 327
provided for, the chancery court may by order allow the clerk to 328
be paid by the county on the order of the board of supervisors, an 329
annual sum not exceeding................................ $ 5,000.00 330
(j) For each civil filing, to be deposited into the 331
Civil Legal Assistance Fund............................. $ 5.00 332
The chancery clerk shall itemize on the original document a 333
detailed fee bill of all charges due or paid for filing, recording 334
and abstracting same. No person shall be required to pay such 335
fees until same have been so itemized, but those fees may be 336
demanded before the document is recorded. 337
(2) The following fee shall be a total fee for all services 338
performed by the clerk with respect to any civil case filed that 339
includes, but is not limited to, divorce, alteration of birth or 340
marriage certificate, removal of minority, guardianship or 341
conservatorship, estate of deceased, adoption that does not 342
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involve the Department of Child Protection Services, land dispute 343
injunction, settlement of small claim, contempt, modification, 344
partition suit, or commitment, which shall be payable upon filing 345
and shall accrue to the chancery clerk at the time of filing. The 346
clerk or his successor in office shall perform all duties set 347
forth without additional compensation or fee............ $ 85.00 348
(3) For every civil case filed: 349
(a) An additional fee to be deposited to the credit of 350
the Comprehensive Electronic Court Systems Fund established in 351
Section 9-21-14......................................... $ 10.00 352
(b) An additional fee to be deposited to the 353
credit of the Judicial System Operation Fund established in 354
Section 9-21-45......................................... $ 40.00 355
(4) Cost of process shall be borne by the issuing party. 356
Additionally, should the attorney or person filing the pleadings 357
desire the clerk to pay the cost to the sheriff for serving 358
process on one (1) person or more, or to pay the cost of 359
publication, the clerk shall demand the actual charges therefor, 360
at the time of filing. 361
(5) For each civil case filed including an adoption 362
involving the Department of Child Protection Services, the filing 363
shall be exempt from any fee under this section. 364
SECTION 5. Section 25-7-13, Mississippi Code of 1972, is 365
brought forward as follows: 366
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25-7-13. (1) The clerks of the circuit court shall charge 367
the following fees: 368
(a) Docketing, filing, marking and registering each 369
complaint, petition and indictment....................... $ 85.00 370
The fee set forth in this paragraph shall be the total fee 371
for all services performed by the clerk up to and including entry 372
of judgment with respect to each complaint, petition or 373
indictment, including all answers, claims, orders, continuances 374
and other papers filed therein, issuing each writ, summons, 375
subpoena or other such instruments, swearing witnesses, taking and 376
recording bonds and pleas, and recording judgments, orders, fiats 377
and certificates; the fee shall be payable upon filing and shall 378
accrue to the clerk at the time of collection. The clerk or his 379
or her successor in office shall perform all duties set forth 380
above without additional compensation or fee. 381
(b) Docketing and filing each motion to renew judgment, 382
notice of renewal of judgment, suggestion for a writ of 383
garnishment, suggestion for a writ of execution and judgment 384
debtor actions and issuing all process, filing and recording 385
orders or other papers and swearing witnesses............ $ 35.00 386
(c) For every civil case filed, an additional fee to be 387
deposited to the credit of the Comprehensive Electronic Court 388
Systems Fund established in Section 9-21-14.............. $ 10.00 389
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(d) For every civil case filed, an additional fee to be 390
deposited to the credit of the Judicial System Operation Fund 391
established in Section 9-21-45........................... $ 40.00 392
(2) Except as provided in subsection (1) of this section, 393
the clerks of the circuit court shall charge the following fees: 394
(a) Filing and marking each order or other paper and 395
recording and indexing same.............................. $ 2.00 396
(b) Issuing each writ, summons, subpoena, citation, 397
capias and other such instruments........................ $ 1.00 398
(c) Administering an oath and taking bond..... $ 2.00 399
(d) Certifying copies of filed documents, for each 400
complete document........................................ $ 1.00 401
(e) Recording orders, fiats, licenses, certificates, 402
oaths and bonds: 403
First page.......................................... $ 2.00 404
Each additional page................................ $ 1.00 405
(f) Furnishing copies of any papers of record or on 406
file and entering marginal notations on documents of record: 407
If performed by the clerk or his or her employee, 408
per page................................................. $ 1.00 409
If performed by any other person, per page.......... $ .25 410
(g) Judgment roll entry....................... $ 5.00 411
(h) Taxing cost and certificate............... $ 1.00 412
(i) For taking and recording application for marriage 413
license, for filing and recording consent of parents when required 414
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by law, for filing and recording medical certificate, filing and 415
recording proof of age, recording and issuing license, recording 416
and filing returns....................................... $ 35.00 417
The clerk shall deposit Fourteen Dollars ($14.00) of each fee 418
collected for a marriage license in the Victims of Domestic 419
Violence Fund established in Section 93-21-117, on a monthly 420
basis. 421
(j) For certified copy of marriage license and search 422
of record, the same fee charged by the Bureau of Vital Statistics 423
of the State Board of Health. 424
(k) For public service not particularly provided for, 425
the circuit court may allow the clerk, per annum, to be paid by 426
the county on presentation of the circuit court's order, the 427
following amount......................................... $5,000.00 428
However, in the counties having two (2) judicial districts, 429
such above allowance shall be made for each judicial district. 430
(l) For drawing jurors and issuing venire, to be paid 431
by the county............................................ $ 5.00 432
(m) For each day's attendance upon the circuit court 433
term, for himself or herself and necessary deputies allowed by the 434
court, each to be paid by the county..................... $ 85.00 435
(n) Summons, each juror to be paid by the county upon 436
the allowance of the court............................... $ 1.00 437
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(o) For issuing each grand jury subpoena, to be paid by 438
the county on allowance by the court, not to exceed Twenty-five 439
Dollars ($25.00) in any one (1) term of 440
court.................................................... $ 1.00 441
(p) For each civil filing, to be deposited into the 442
Civil Legal Assistance Fund.............................. $ 5.00 443
(3) On order of the court, clerks and deputies may be 444
allowed five (5) extra days for attendance upon the court to get 445
up records. 446
(4) The clerk's fees in state cases where the state fails in 447
the prosecution, or in cases of felony where the defendant is 448
convicted and the cost cannot be made out of his or her estate, in 449
an amount not to exceed Four Hundred Dollars ($400.00) in one (1) 450
year, shall be paid out of the county treasury on approval of the 451
circuit court, and the allowance thereof by the board of 452
supervisors of the county. In counties having two (2) judicial 453
districts, such allowance shall be made in each judicial district; 454
however, the maximum thereof shall not exceed Eight Hundred 455
Dollars ($800.00). Clerks in the circuit court, in cases where 456
appeals are taken in criminal cases and no appeal bond is filed, 457
shall be allowed by the board of supervisors of the county after 458
approval of their accounts by the circuit court, in addition to 459
the above fees, for making such transcript the rate of Two Dollars 460
($2.00) per page. 461
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ST: Judicial System Operation Fund; bring
forward sections relating to.
(5) The clerk of the circuit court may retain as his or her 462
commission on all money coming into his or her hands, by law or 463
order of the court, a sum to be fixed by the court not exceeding 464
one-half of one percent (1/2 of 1%) on all such sums. 465
(6) For making final records required by law, including, but 466
not limited to, circuit and county court minutes, and furnishing 467
transcripts of records, the circuit clerk shall charge Two Dollars 468
($2.00) per page. The same fees shall be allowed to all officers 469
for making and certifying copies of records or papers which they 470
are authorized to copy and certify. 471
(7) The circuit clerk shall prepare an itemized statement of 472
fees for services performed, cost incurred, or for furnishing 473
copies of any papers of record or on file, and shall submit the 474
statement to the parties or, if represented, to their attorneys 475
within sixty (60) days. A bill for same shall accompany the 476
statement. 477
SECTION 6. This act shall take effect and be in force from 478
and after July 1, 2026. 479