Statewide Uniform Youth Court System; establish.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Taylor

HOUSE BILL NO. 1668

AN ACT TO BRING FORWARD SECTIONS 43-21-101, 43-21-103, 1
43-21-105, 43-21-107, 43-21-109, 43-21-111, 43-21-113, 43-21-115, 2
43-21-117, 43-21-119, 43-21-121, 43-21-123, 43-21-125 AND 3
43-21-127, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE 4
ORGANIZATION, ADMINISTRATION AND OPERATION OF THE YOUTH COURT, FOR 5
PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTIONS 6
43-21-151, 43-21-153, 43-21-155, 43-21-157 AND 43-21-159, 7
MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE JURISDICTION OF 8
YOUTH COURT, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD 9
SECTION 43-21-205, MISSISSIPPI CODE OF 1972, WHICH RELATES TO 10
COURT COSTS AND FEES FOR YOUTH COURT, FOR THE PURPOSE OF POSSIBLE 11
AMENDMENT; TO AMEND SECTION 43-21-261, MISSISSIPPI CODE OF 1972, 12
TO REQUIRE THE ADMINISTRATIVE OFFICE OF COURTS TO DISCLOSE TO THE 13
DEPARTMENT OF PUBLIC SAFETY AND THE DEPARTMENT OF HUMAN SERVICES 14
ALL DATA CONCERNING CHILDREN IN THE MISSISSIPPI YOUTH COURT 15
INFORMATION DELIVERY SYSTEM (MYCIDS); TO BRING FORWARD SECTIONS 16
43-21-351, 43-21-353, 43-21-354, 43-21-355 AND 43-21-357, 17
MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR INTAKE INTO YOUTH 18
COURT, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD 19
SECTION 43-21-651, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR 20
APPEALS FROM YOUTH COURT, FOR PURPOSES OF POSSIBLE AMENDMENT; TO 21
BRING FORWARD SECTIONS 43-21-701 AND 43-21-703, MISSISSIPPI CODE 22
OF 1972, WHICH PROVIDE FOR THE MISSISSIPPI COMMISSION ON A UNIFORM 23
YOUTH COURT SYSTEM AND PROCEDURES, FOR PURPOSE OF POSSIBLE 24
AMENDMENT; TO BRING FORWARD SECTION 43-21-753, MISSISSIPPI CODE OF 25
1972, WHICH PROVIDES FOR A TEEN COURT PROGRAM, FOR PURPOSES OF 26
POSSIBLE AMENDMENT; TO AMEND SECTION 43-21-801, MISSISSIPPI CODE 27
OF 1972, TO INCREASE FUNDING FOR THE YOUTH COURT SUPPORT FUND; TO 28
BRING FORWARD SECTIONS 9-5-1, 9-5-3, 9-5-5, 9-5-7, 9-5-9, 9-5-11, 29
9-5-13, 9-5-17, 9-5-19, 9-5-21, 9-5-22, 9-5-23, 9-5-25, 9-5-27, 30
9-5-29, 9-5-31, 9-5-33, 9-5-35, 9-5-36, 9-5-37, 9-5-38, 9-5-39, 31
9-5-40, 9-5-41, 9-5-43, 9-5-45, 9-5-47, 9-5-49, 9-5-50, 9-5-51, 32
9-5-53, 9-5-54, 9-5-55, 9-5-57 AND 9-5-58, MISSISSIPPI CODE OF 33
1972, WHICH PROVIDE FOR CHANCERY COURT JUDGES, DISTRICTS AND TERMS 34
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OF COURT FOR DISTRICTS ONE TO TWENTY, FOR PURPOSES OF POSSIBLE 35
AMENDMENT; TO BRING FORWARD SECTION 9-5-255, MISSISSIPPI CODE OF 36
1972, WHICH PROVIDES FOR FAMILY MASTERS, FOR PURPOSES OF POSSIBLE 37
AMENDMENT; TO BRING FORWARD SECTIONS 9-9-14, 9-9-16, 9-9-17, 38
9-9-18, 9-9-18.1, 9-9-18.2, 9-9-18.3, 9-9-18.5 AND 9-9-18.6, 39
MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR ADDITIONAL COUNTY 40
COURT JUDGES IN CERTAIN COUNTIES, FOR PURPOSES OF POSSIBLE 41
AMENDMENT; TO BRING FORWARD SECTION 9-9-36, MISSISSIPPI CODE OF 42
1972, WHICH AUTHORIZES ADDITIONAL COUNTY COURT JUDGES IN 43
OVERCROWDED DOCKETS, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING 44
FORWARD SECTION 9-9-21, MISSISSIPPI CODE OF 1972, WHICH PROVIDES 45
FOR THE JURISDICTION OF COUNTY COURT, FOR PURPOSES OF POSSIBLE 46
AMENDMENT; AND FOR RELATED PURPOSES. 47
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 48
SECTION 1. Section 43-21-101, Mississippi Code of 1972, is 49
brought forward as follows: 50
43-21-101. This chapter shall be cited as the "Youth Court 51
Law." 52
SECTION 2. Section 43-21-103, Mississippi Code of 1972, is 53
brought forward as follows: 54
43-21-103. This chapter shall be liberally construed to the 55
end that each child coming within the jurisdiction of the youth 56
court shall become a responsible, accountable and productive 57
citizen, and that each such child shall receive such care, 58
guidance and control, preferably in such child's own home as is 59
conducive toward that end and is in the state's and the child's 60
best interest. It is the public policy of this state that the 61
parents of each child shall be primarily responsible for the care, 62
support, education and welfare of such children; however, when it 63
is necessary that a child be removed from the control of such 64
child's parents, the youth court shall secure proper care for such 65
child. 66
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SECTION 3. Section 43-21-105, Mississippi Code of 1972, is 67
brought forward as follows: 68
43-21-105. The following words and phrases, for purposes of 69
this chapter, shall have the meanings ascribed herein unless the 70
context clearly otherwise requires: 71
(a) "Youth court" means the Youth Court Division. 72
(b) "Judge" means the judge of the Youth Court 73
Division. 74
(c) "Designee" means any person that the judge appoints 75
to perform a duty which this chapter requires to be done by the 76
judge or his designee. The judge may not appoint a person who is 77
involved in law enforcement or who is an employee of the 78
Mississippi Department of Human Services or the Mississippi 79
Department of Child Protection Services to be his designee. 80
(d) "Child" and "youth" are synonymous, and each means 81
a person who has not reached his eighteenth birthday. A child who 82
has not reached his eighteenth birthday and is on active duty for 83
a branch of the armed services or is married is not considered a 84
"child" or "youth" for the purposes of this chapter. 85
(e) "Parent" means the father or mother to whom the 86
child has been born, or the father or mother by whom the child has 87
been legally adopted. 88
(f) "Guardian" means a court-appointed guardian of the 89
person of a child. 90
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(g) "Custodian" means any person having the present 91
care or custody of a child whether such person be a parent or 92
otherwise. 93
(h) "Legal custodian" means a court-appointed custodian 94
of the child. 95
(i) "Delinquent child" means a child who has reached 96
his tenth birthday and who has committed a delinquent act. 97
(j) "Delinquent act" is any act, which if committed by 98
an adult, is designated as a crime under state or federal law, or 99
municipal or county ordinance other than offenses punishable by 100
life imprisonment or death. A delinquent act includes escape from 101
lawful detention and violations of the Uniform Controlled 102
Substances Law and violent behavior. 103
(k) "Child in need of supervision" means a child who 104
has reached his seventh birthday and is in need of treatment or 105
rehabilitation because the child: 106
(i) Is habitually disobedient of reasonable and 107
lawful commands of his parent, guardian or custodian and is 108
ungovernable; or 109
(ii) While being required to attend school, 110
willfully and habitually violates the rules thereof or willfully 111
and habitually absents himself therefrom; or 112
(iii) Runs away from home without good cause; or 113
(iv) Has committed a delinquent act or acts. 114
(l) "Neglected child" means a child: 115
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(i) Whose parent, guardian or custodian or any 116
person responsible for his care or support, neglects or refuses, 117
when able so to do, to provide for him proper and necessary care 118
or support, or education as required by law, or medical, surgical, 119
or other care necessary for his well-being; however, a parent who 120
withholds medical treatment from any child who in good faith is 121
under treatment by spiritual means alone through prayer in 122
accordance with the tenets and practices of a recognized church or 123
religious denomination by a duly accredited practitioner thereof 124
shall not, for that reason alone, be considered to be neglectful 125
under any provision of this chapter; or 126
(ii) Who is otherwise without proper care, 127
custody, supervision or support; or 128
(iii) Who, for any reason, lacks the special care 129
made necessary for him by reason of his mental condition, whether 130
the mental condition is having mental illness or having an 131
intellectual disability; or 132
(iv) Who is not provided by the child's parent, 133
guardian or custodian, with food, clothing, or shelter necessary 134
to sustain the life or health of the child, excluding such failure 135
caused primarily by financial inability unless relief services 136
have been offered and refused and the child is in imminent risk of 137
harm. 138
(m) "Abused child" means a child whose parent, guardian 139
or custodian or any person responsible for his care or support, 140
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whether legally obligated to do so or not, has caused or allowed 141
to be caused, upon the child, sexual abuse, sexual exploitation, 142
commercial sexual exploitation, emotional abuse, mental injury, 143
nonaccidental physical injury or other maltreatment. However, 144
physical discipline, including spanking, performed on a child by a 145
parent, guardian or custodian in a reasonable manner shall not be 146
deemed abuse under this section. "Abused child" also means a 147
child who is or has been trafficked within the meaning of the 148
Mississippi Human Trafficking Act by any person, without regard to 149
the relationship of the person to the child. 150
(n) "Sexual abuse" means obscene or pornographic 151
photographing, filming or depiction of children for commercial 152
purposes, or the rape, molestation, incest, prostitution or other 153
such forms of sexual exploitation of children under circumstances 154
which indicate that the child's health or welfare is harmed or 155
threatened. 156
(o) "A child in need of special care" means a child 157
with any mental or physical illness that cannot be treated with 158
the dispositional alternatives ordinarily available to the youth 159
court. 160
(p) A "dependent child" means any child who is not a 161
child in need of supervision, a delinquent child, an abused child 162
or a neglected child, and which child has been voluntarily placed 163
in the custody of the Department of Child Protection Services by 164
his parent, guardian or custodian. 165
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(q) "Custody" means the physical possession of the 166
child by any person. 167
(r) "Legal custody" means the legal status created by a 168
court order which gives the legal custodian the responsibilities 169
of physical possession of the child and the duty to provide him 170
with food, shelter, education and reasonable medical care, all 171
subject to residual rights and responsibilities of the parent or 172
guardian of the person. 173
(s) "Detention" means the care of children in 174
physically restrictive facilities. 175
(t) "Shelter" means care of children in physically 176
nonrestrictive facilities. 177
(u) "Records involving children" means any of the 178
following from which the child can be identified: 179
(i) All youth court records as defined in Section 180
43-21-251; 181
(ii) All forensic interviews conducted by a child 182
advocacy center in abuse and neglect investigations; 183
(iii) All law enforcement records as defined in 184
Section 43-21-255; 185
(iv) All agency records as defined in Section 186
43-21-257; and 187
(v) All other documents maintained by any 188
representative of the state, county, municipality or other public 189
agency insofar as they relate to the apprehension, custody, 190
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adjudication or disposition of a child who is the subject of a 191
youth court cause. 192
(v) "Any person responsible for care or support" means 193
the person who is providing for the child at a given time. This 194
term shall include, but is not limited to, stepparents, foster 195
parents, relatives, nonlicensed babysitters or other similar 196
persons responsible for a child and staff of residential care 197
facilities and group homes that are licensed by the Department of 198
Human Services or the Department of Child Protection Services. 199
(w) The singular includes the plural, the plural the 200
singular and the masculine the feminine when consistent with the 201
intent of this chapter. 202
(x) "Out-of-home" setting means the temporary 203
supervision or care of children by the staff of licensed day care 204
centers, the staff of public, private and state schools, the staff 205
of juvenile detention facilities, the staff of unlicensed 206
residential care facilities and group homes and the staff of, or 207
individuals representing, churches, civic or social organizations. 208
(y) "Durable legal custody" means the legal status 209
created by a court order which gives the durable legal custodian 210
the responsibilities of physical possession of the child and the 211
duty to provide him with care, nurture, welfare, food, shelter, 212
education and reasonable medical care. All these duties as 213
enumerated are subject to the residual rights and responsibilities 214
of the natural parent(s) or guardian(s) of the child or children. 215
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(z) "Status offense" means conduct subject to 216
adjudication by the youth court that would not be a crime if 217
committed by an adult. 218
(aa) "Financially able" means a parent or child who is 219
ineligible for a court-appointed attorney. 220
(bb) "Assessment" means an individualized examination 221
of a child to determine the child's psychosocial needs and 222
problems, including the type and extent of any mental health, 223
substance abuse or co-occurring mental health and substance abuse 224
disorders and recommendations for treatment. The term includes, 225
but is not limited to, a drug and alcohol, psychological or 226
psychiatric evaluation, records review, clinical interview or the 227
administration of a formal test and instrument. 228
(cc) "Screening" means a process, with or without the 229
administration of a formal instrument, that is designed to 230
identify a child who is at increased risk of having mental health, 231
substance abuse or co-occurring mental health and substance abuse 232
disorders that warrant immediate attention, intervention or more 233
comprehensive assessment. 234
(dd) "Durable legal relative guardianship" means the 235
legal status created by a youth court order that conveys the 236
physical and legal custody of a child or children by durable legal 237
guardianship to a relative or fictive kin who is licensed as a 238
foster or resource parent. 239
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(ee) "Relative" means a person related to the child by 240
affinity or consanguinity within the third degree. 241
(ff) "Fictive kin" means a person not related to the 242
child legally or biologically but who is considered a relative due 243
to a significant, familial-like and ongoing relationship with the 244
child and family, including adults related beyond the third 245
degree, godparents, friends of the family, or other adults who 246
have a strong familial bond with the child. 247
(gg) "Reasonable efforts" means the exercise of 248
reasonable care and due diligence by the Department of Human 249
Services, the Department of Child Protection Services, or any 250
other appropriate entity or person to use services appropriate to 251
the child's background, accessible, and available to meet the 252
individualized needs of the child and child's family to prevent 253
removal and reunify the family as soon as safely possible 254
consistent with the best interests of the child. Reasonable 255
efforts must be made in collaboration with the family and must 256
address the individualized needs of the family that brought the 257
child to the attention of the Department of Child Protection 258
Services and must not consist of required services that are not 259
related to the family's needs. 260
(hh) "Commercial sexual exploitation" means any sexual 261
act or crime of a sexual nature, which is committed against a 262
child for financial or economic gain, to obtain a thing of value 263
for quid pro quo exchange of property or for any other purpose. 264
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SECTION 4. Section 43-21-107, Mississippi Code of 1972, is 265
brought forward as follows: 266
43-21-107. (1) A youth court division is hereby created as 267
a division of the county court of each county now or hereafter 268
having a county court, and the county judge shall be the judge of 269
the youth court unless another judge is named by the county judge 270
as provided by this chapter. 271
(2) A youth court division is hereby created as a division 272
of the chancery court of each county in which no county court is 273
maintained and any chancellor within a chancery court district 274
shall be the judge of the youth court of that county within such 275
chancery court district unless another judge is named by the 276
senior chancellor of the county or chancery court district as 277
provided by this chapter. 278
(3) In any county where there is no county court or family 279
court on July 1, 1979, there may be created a youth court division 280
as a division of the municipal court in any city if the governing 281
authorities of such city adopt a resolution to that effect. The 282
cost of the youth court division of the municipal court shall be 283
paid from any funds available to the municipality excluding county 284
funds. No additional municipal youth court shall be formed after 285
January 1, 2007. 286
SECTION 5. Section 43-21-109, Mississippi Code of 1972, is 287
brought forward as follows: 288
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43-21-109. Any county or municipality may separately or 289
jointly establish and maintain detention facilities, shelter 290
facilities, foster homes, or any other facility necessary to carry 291
on the work of the youth court. For said purposes, the county or 292
municipality may acquire necessary land by condemnation, by 293
purchase or donation, may issue bonds as now provided by law for 294
the purpose of purchasing, constructing, remodeling or maintaining 295
such facilities; may expend necessary funds from the general fund 296
to construct and maintain such facilities, and may employ 297
architects to design or remodel such facilities. Such facilities 298
may include a place for housing youth court facilities and 299
personnel. 300
SECTION 6. Section 43-21-111, Mississippi Code of 1972, is 301
brought forward as follows: 302
43-21-111. (1) In any county not having a county court or 303
family court the judge may appoint as provided in Section 304
43-21-123 regular or special referees who shall be attorneys at 305
law and members of the bar in good standing to act in cases 306
concerning children within the jurisdiction of the youth court, 307
and a regular referee shall hold office until removed by the 308
judge. The requirement that regular or special referees appointed 309
pursuant to this subsection be attorneys shall apply only to 310
regular or special referees who were not first appointed regular 311
or special referees prior to July 1, 1991. 312
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(2) Any referee appointed pursuant to subsection (1) of this 313
section shall be required to receive judicial training approved by 314
the Mississippi Judicial College and shall be required to receive 315
regular annual continuing education in the field of juvenile 316
justice. The amount of judicial training and annual continuing 317
education which shall be satisfactory to fulfill the requirements 318
of this section shall conform with the amount prescribed by the 319
Rules and Regulations for Mandatory Continuing Judicial Education 320
promulgated by the Supreme Court. The Administrative Office of 321
Courts shall maintain a roll of referees appointed under this 322
section, shall enforce the provisions of this subsection and shall 323
maintain records on all such referees regarding such training. 324
Should a referee miss two (2) consecutive training sessions 325
sponsored or approved by the Mississippi Judicial College as 326
required by this subsection or fail to attend one (1) such 327
training session within six (6) months of their initial 328
appointment as a referee, the referee shall be disqualified to 329
serve and be immediately removed as a referee and another member 330
of the bar shall be appointed as provided in this section. 331
(3) The judge may direct that hearings in any case or class 332
of cases be conducted in the first instance by the referee. The 333
judge may also delegate his own administrative responsibilities to 334
the referee. 335
(4) All hearings authorized to be heard by a referee shall 336
proceed in the same manner as hearings before the youth court 337
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judge. A referee shall possess all powers and perform all the 338
duties of the youth court judge in the hearings authorized to be 339
heard by the referee. 340
(5) An order entered by the referee shall be mailed 341
immediately to all parties and their counsel. A rehearing by the 342
judge shall be allowed if any party files a written motion for a 343
rehearing or on the court's own motion within three (3) days after 344
notice of referee's order. The youth court may enlarge the time 345
for filing a motion for a rehearing for good cause shown. Any 346
rehearing shall be upon the record of the hearing before the 347
referee, but additional evidence may be admitted in the discretion 348
of the judge. A motion for a rehearing shall not act as a 349
supersedeas of the referee's order, unless the judge shall so 350
order. 351
(6) The salary for the referee shall be fixed on order of 352
the judge as provided in Section 43-21-123 and shall be paid by 353
the county out of any available funds budgeted for the youth court 354
by the board of supervisors. 355
(7) Upon request of the boards of supervisors of two (2) or 356
more counties, the judge of the chancery court may appoint a 357
suitable person as referee to two (2) or more counties within his 358
district, and the payment of salary may be divided in such ratio 359
as may be agreed upon by the boards of supervisors. 360
SECTION 7. Section 43-21-113, Mississippi Code of 1972, is 361
brought forward as follows: 362
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43-21-113. When a judge shall certify in writing that he is 363
unable to serve because of illness or absence from the county or 364
district, the judge may appoint as provided in Section 43-21-123 a 365
special judge to serve in his stead. A special judge shall 366
possess all the powers and perform all the duties of the regular 367
judge. The compensation for the special judge shall be fixed on 368
order of the judge as provided in Section 43-21-123 on the basis 369
of a statement as to the time and expense incurred by the special 370
judge and shall be paid by the county out of any available funds. 371
In the case of recusal, a judge shall be selected as provided by 372
law. 373
SECTION 8. Section 43-21-115, Mississippi Code of 1972, is 374
brought forward as follows: 375
43-21-115. In every youth court division the judge shall 376
appoint as provided in Section 43-21-123 one or more persons to 377
function as the intake unit for the youth court division. The 378
youth court intake unit shall perform all duties specified by this 379
chapter. If the person serving as the youth court intake unit is 380
not already a salaried public employee, the salary for such person 381
shall be fixed on order of the judge as provided in Section 382
43-21-123 and shall be paid by the county or municipality, as the 383
case may be, out of any available funds budgeted for the youth 384
court by the board of supervisors. 385
SECTION 9. Section 43-21-117, Mississippi Code of 1972, is 386
brought forward as follows: 387
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43-21-117. (1) The youth court prosecutor shall represent 388
the petitioner in all proceedings in the youth court. 389
(2) The county prosecuting attorney shall serve as the youth 390
court prosecutor; however, if funds are available pursuant to 391
Section 43-21-123, the court may designate, as provided in 392
subsection (3) of this section, a prosecutor or prosecutors in 393
lieu of or in addition to the county prosecuting attorney. Where 394
there is a municipal youth court division, the city prosecutor 395
shall serve as youth court prosecutor; provided that the district 396
attorney may participate in transfer proceedings. 397
(3) The judge may designate as provided in Section 43-21-123 398
some suitable attorney or attorneys to serve as youth court 399
prosecutor or prosecutors in lieu of or in conjunction with the 400
youth court prosecutor provided in subsection (2) of this section. 401
The designated youth court prosecutor or prosecutors shall be paid 402
a fee or salary fixed on order of the judge as provided in Section 403
43-21-123 and shall be paid by the county out of any available 404
funds budgeted for the youth court by the board of supervisors, 405
unless the designated youth court prosecutor or prosecutors serves 406
in a municipal youth court division, in which case he shall be 407
paid a fee or salary fixed on order of the judge from the funds 408
available to the municipality. 409
(4) All youth court prosecutors and county prosecuting 410
attorneys who serve as youth court prosecutors shall be required 411
to receive juvenile justice training approved by the Mississippi 412
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Attorney General's office and regular annual continuing education 413
in the field of juvenile justice. The Mississippi Attorney 414
General's office shall determine the amount of juvenile justice 415
training and annual continuing education which shall be 416
satisfactory to fulfill the requirements of this subsection. The 417
Administrative Office of Courts shall maintain a roll of youth 418
court prosecutors, shall enforce the provisions of this subsection 419
and shall maintain records on all such youth court prosecutors 420
regarding such training. Should a youth court prosecutor miss two 421
(2) consecutive training sessions sponsored by the Mississippi 422
Attorney General's office as required by this subsection or fail 423
to attend one (1) such training session within six (6) months of 424
their designation as youth court prosecutor, the youth court 425
prosecutor shall be disqualified to serve and be immediately 426
removed from the office of youth court prosecutor and another 427
youth court prosecutor shall be designated. 428
SECTION 10. Section 43-21-119, Mississippi Code of 1972, is 429
brought forward as follows: 430
43-21-119. The judge or his designee shall appoint as 431
provided in Section 43-21-123 sufficient personnel, responsible to 432
and under the control of the youth court, to carry on the 433
professional, clerical and other work of the youth court. The cost 434
of these persons appointed by the youth court shall be paid as 435
provided in Section 43-21-123 out of any available funds budgeted 436
for the youth court by the board of supervisors. 437
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SECTION 11. Section 43-21-121, Mississippi Code of 1972, is 438
brought forward as follows: 439
43-21-121. (1) The youth court shall appoint a guardian ad 440
litem for the child: 441
(a) When a child has no parent, guardian or custodian; 442
(b) When the youth court cannot acquire personal 443
jurisdiction over a parent, a guardian or a custodian; 444
(c) When the parent is a minor or a person of unsound 445
mind; 446
(d) When the parent is indifferent to the interest of 447
the child or if the interests of the child and the parent, 448
considered in the context of the cause, appear to conflict; 449
(e) In every case involving an abused or neglected 450
child which results in a judicial proceeding; or 451
(f) In any other instance where the youth court finds 452
appointment of a guardian ad litem to be in the best interest of 453
the child. 454
(2) The guardian ad litem shall be appointed by the court 455
when custody is ordered or at the first judicial hearing regarding 456
the case, whichever occurs first. 457
(3) In addition to all other duties required by law, a 458
guardian ad litem shall have the duty to protect the interest of a 459
child for whom he has been appointed guardian ad litem. The 460
guardian ad litem shall investigate, make recommendations to the 461
court or enter reports as necessary to hold paramount the child's 462
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best interest. The guardian ad litem is not an adversary party 463
and the court shall ensure that guardians ad litem perform their 464
duties properly and in the best interest of their wards. The 465
guardian ad litem shall be a competent person who has no adverse 466
interest to the minor. The court shall ensure that the guardian 467
ad litem is adequately instructed on the proper performance of his 468
duties. 469
(4) The court, including a county court serving as a youth 470
court, may appoint either a suitable attorney or a suitable layman 471
as guardian ad litem. In cases where the court appoints a layman 472
as guardian ad litem, the court shall also appoint an attorney to 473
represent the child. From and after January 1, 1999, in order to 474
be eligible for an appointment as a guardian ad litem, such 475
attorney or layperson must have received child protection and 476
juvenile justice training provided by or approved by the 477
Mississippi Judicial College within the year immediately preceding 478
such appointment. The Mississippi Judicial College shall 479
determine the amount of child protection and juvenile justice 480
training which shall be satisfactory to fulfill the requirements 481
of this section. The Administrative Office of Courts shall 482
maintain a roll of all attorneys and laymen eligible to be 483
appointed as a guardian ad litem under this section and shall 484
enforce the provisions of this subsection. 485
(5) Upon appointment of a guardian ad litem, the youth court 486
shall continue any pending proceedings for a reasonable time to 487
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allow the guardian ad litem to familiarize himself with the 488
matter, consult with counsel and prepare his participation in the 489
cause. The youth court shall issue an order of assignment that 490
grants the guardian ad litem authority to review all relevant 491
documents concerning the minor child and to interview all parties 492
and witnesses involved in proceedings concerning the minor child 493
for whom the guardian ad litem is appointed. 494
(6) Upon order of the youth court, the guardian ad litem 495
shall be paid a reasonable fee as determined by the youth court 496
judge or referee out of the county general fund as provided under 497
Section 43-21-123. To be eligible for such fee, the guardian ad 498
litem shall submit an accounting of the time spent in performance 499
of his duties to the court. 500
(7) (a) The court, in its sound discretion, may appoint a 501
volunteer trained layperson to assist children subject to the 502
provisions of this section in addition to the appointment of a 503
guardian ad litem. If the court utilizes his or her discretion as 504
prescribed under this subsection, a volunteer Court-Appointed 505
Special Advocate (CASA) shall be appointed from a program that 506
supervises the volunteer and meets all state and national CASA 507
standards to advocate for the best interests of children in abuse 508
and neglect proceedings. To accomplish the assignment of a CASA 509
volunteer, the court shall issue an order of assignment that shall 510
grant the CASA volunteer the authority, equal to that of the 511
guardian ad litem, to review all relevant documents and to 512
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interview all parties and witnesses involved in the proceeding in 513
which he or she is appointed. Except as otherwise ordered by the 514
court, the assignment of a CASA volunteer for a child shall 515
include subsequent proceedings through permanent placement of the 516
child. 517
(b) Before assigning a CASA volunteer as prescribed 518
under this subsection, the youth court judge shall determine if 519
the volunteer has sufficient qualifications, training and ability 520
to serve as a CASA volunteer, including his or her ability to 521
represent and advocate for the best interests of children assigned 522
to him or her. No volunteer shall be assigned until a 523
comprehensive criminal background check has been conducted. 524
All CASA volunteers shall: 525
(i) Be sworn in by a judge of the court; 526
(ii) Swear or affirm to abide by all laws, 527
regulations, and orders of the court; 528
(iii) Swear or affirm to advocate what he or she 529
perceives to be in the best interests of the child for whom he or 530
she is assigned in all matters pending before the court; 531
(iv) Provide independent, factual information to 532
the court regarding the children and cases to which they are 533
assigned; 534
(v) Advocate on behalf of the children involved in 535
the cases to which they are assigned what they perceive to be in 536
the best interests of the children; and 537
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(vi) Monitor proceedings in cases to which they 538
have been assigned and advise and assist the court in its 539
determination of the best interests of the children involved. 540
(c) Regarding any case to which a CASA volunteer has 541
been assigned, the CASA volunteer: 542
(i) Shall be notified by the court of all court 543
proceedings and hearings of any kind pertaining to the child; 544
(ii) Shall be notified by the Department of Child 545
Protection Services of all administrative review hearings; 546
(iii) Shall be entitled to attend all court 547
proceedings and hearings of any kind pertaining to the child; 548
(iv) May be called as a witness in the proceedings 549
by any party or by the court and may request of the court the 550
opportunity to appear as a witness; and 551
(v) Shall be given access to all portions of the 552
court record relating to proceedings pertaining to the child and 553
the child's family. 554
(d) Upon application to the court and notice to all 555
parties, the court shall grant the CASA volunteer access to other 556
information, including the department records as provided in 557
Section 43-21-261, relating to the child and the child's family 558
and to other matters involved in the proceeding in which he or she 559
is appointed. All records and information requested or reviewed 560
by the CASA volunteer in the course of his or her assignment shall 561
be deemed confidential and shall not be disclosed by him except 562
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pursuant to court order. All records and information shall only 563
be disclosed as directed by court order and shall be disclosed as 564
directed by court order and shall be subject to whatever 565
protective order the court deems appropriate. 566
SECTION 12. Section 43-21-123, Mississippi Code of 1972, is 567
brought forward as follows: 568
43-21-123. Except for expenses provided by state funds 569
and/or other monies, the board of supervisors, or the municipal 570
governing board where there is a municipal youth court, shall 571
adequately provide funds for the operation of the youth court 572
division of the chancery court in conjunction with the regular 573
chancery court budget, or the county or family courts where said 574
courts are constituted. In preparation for said funding, on an 575
annual basis at the time requested, the youth court judge or 576
administrator shall prepare and submit to the board of 577
supervisors, or the municipal governing board of the youth court 578
wherever the youth court is a municipal court, an annual budget 579
which will identify the number, staff position, title and amount 580
of annual or monthly compensation of each position as well as 581
provide for other expenditures necessary to the functioning and 582
operation of the youth court. When the budget of the youth court 583
or youth court judge is approved by the board of supervisors or 584
the governing authority of the municipality, then the youth court 585
or youth court judge may employ such persons as provided in the 586
budget from time to time. 587
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The board of supervisors of any county in which there is 588
located a youth court, and the governing authority of any 589
municipality in which there is located a municipal youth court, 590
are each authorized to reimburse the youth court judges and other 591
youth court employees or personnel for reasonable travel and 592
expenses incurred in the performance of their duties and in 593
attending educational meetings offering professional training to 594
such persons as budgeted. 595
SECTION 13. Section 43-21-125, Mississippi Code of 1972, is 596
brought forward as follows: 597
43-21-125. (1) There shall be a Mississippi Council of 598
Youth Court Judges which shall be the official organization of the 599
judges having youth court jurisdiction in this state. The 600
membership of the council shall consist of all the judges and 601
referees of youth courts in the State of Mississippi. 602
(2) The Mississippi Council of Youth Court Judges is 603
authorized to adopt and, from time to time, amend such rules, 604
regulations or bylaws as it considers necessary to the conduct of 605
its affairs. 606
(3) The council may elect officers and provide for such 607
meetings of the council as it deems necessary. The council shall 608
meet at least annually for the consideration of: 609
(a) Any and all matters pertaining to the discharge of 610
the official duties and obligations of its members; and 611
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(b) Problems that have arisen in connection with the 612
operation of the youth courts in any county or in all counties in 613
order to improve the administration of juvenile justice in the 614
state. 615
(4) The council shall publish and submit to the Governor, 616
the chief justice of the Supreme Court, and the Mississippi 617
Judicial Council an annual report of the operations which shall 618
include financial and statistical data and may include suggestions 619
and recommendations for legislation. 620
(5) The council is authorized to receive and expend any 621
funds which may become available from the federal government to 622
carry out any of the purposes of this chapter, and to this end the 623
council may meet any federal requirements not contrary to state 624
law which may be conditions precedent to receiving such federal 625
funds. 626
(6) The council may cooperate with the federal government in 627
a program for training personnel employed or preparing for 628
employment by the youth court and may receive and expend funds 629
from federal or state sources or from private donations for such 630
purposes. The council may contract with public or nonprofit 631
institutions of higher learning for the training of such 632
personnel, may conduct short-term training courses of its own, may 633
hire experts on a temporary basis for such purpose and may 634
cooperate with the department of youth services or other state 635
departments or agencies in personnel training programs. 636
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SECTION 14. Section 43-21-127, Mississippi Code of 1972, is 637
brought forward as follows: 638
43-21-127. It is hereby made the duty of every public 639
official or department to render all assistance and cooperation 640
within his or its jurisdictional power which may further the 641
objects of this chapter. The youth court is authorized to seek the 642
cooperation of all societies, organizations or agencies having for 643
their object the protection or aid of children. 644
SECTION 15. Section 43-21-151, Mississippi Code of 1972, is 645
brought forward as follows: 646
43-21-151. (1) The youth court shall have exclusive 647
original jurisdiction in all proceedings concerning a delinquent 648
child, a child in need of supervision, a neglected child, an 649
abused child or a dependent child except in the following 650
circumstances: 651
(a) Any act attempted or committed by a child, which if 652
committed by an adult would be punishable under state or federal 653
law by life imprisonment or death, will be in the original 654
jurisdiction of the circuit court; 655
(b) Any act attempted or committed by a child with the 656
use of a deadly weapon, the carrying of which concealed is 657
prohibited by Section 97-37-1, or a shotgun or a rifle, which 658
would be a felony if committed by an adult, will be in the 659
original jurisdiction of the circuit court; and 660
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(c) When a charge of abuse or neglect of a child first 661
arises in the course of a custody action between the parents of 662
the child already pending in the chancery court and no notice of 663
such abuse was provided prior to such chancery proceedings, the 664
chancery court may proceed with the investigation, hearing and 665
determination of such abuse or neglect charge as a part of its 666
hearing and determination of the custody issue as between the 667
parents, notwithstanding the other provisions of the Youth Court 668
Law. The proceedings in chancery court on the abuse or neglect 669
charge shall be confidential in the same manner as provided in 670
youth court proceedings. 671
When a child is expelled from the public schools, the youth 672
court shall be notified of the act of expulsion and the act or 673
acts constituting the basis for expulsion. 674
(2) Jurisdiction of the child in the cause shall attach at 675
the time of the offense, or at the time of the allegation of 676
abuse, neglect or exploitation, and shall continue thereafter for 677
that offense or the allegations of abuse, neglect or exploitation 678
until the child's twentieth birthday, unless sooner terminated by 679
order of the youth court. The youth court shall not have 680
jurisdiction over offenses committed by a child on or after his 681
eighteenth birthday, nor have jurisdiction of abuse, neglect, or 682
exploitation committed against a child after their eighteenth 683
birthday. 684
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(3) No child who has not reached his thirteenth birthday 685
shall be held criminally responsible or criminally prosecuted for 686
a misdemeanor or felony; however, the parent, guardian or 687
custodian of such child may be civilly liable for any criminal 688
acts of such child. No child under the jurisdiction of the youth 689
court shall be held criminally responsible or criminally 690
prosecuted by any court for any act designated as a delinquent 691
act, unless jurisdiction is transferred to another court under 692
Section 43-21-157. 693
(4) The youth court shall also have jurisdiction of offenses 694
committed by a child which have been transferred to the youth 695
court by an order of a circuit court of this state having original 696
jurisdiction of the offense, as provided by Section 43-21-159. 697
(5) The youth court shall regulate and approve the use of 698
teen court as provided in Section 43-21-753. 699
(6) Nothing in this section shall prevent the circuit court 700
from assuming jurisdiction over a youth who has committed an act 701
of delinquency upon a youth court's ruling that a transfer is 702
appropriate pursuant to Section 43-21-157. 703
SECTION 16. Section 43-21-153, Mississippi Code of 1972, is 704
brought forward as follows: 705
43-21-153. (1) The youth court shall have full power and 706
authority to issue all writs and processes including injunctions 707
necessary to the exercise of jurisdiction and to carrying out the 708
purpose of this chapter. 709
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(2) Any person who willfully violates, neglects or refuses 710
to obey, perform or comply with any order of the youth court shall 711
be in contempt of court and punished by a fine not to exceed Five 712
Hundred Dollars ($500.00) or by imprisonment in jail not to exceed 713
ninety (90) days, or by both such fine and imprisonment. 714
SECTION 17. Section 43-21-155, Mississippi Code of 1972, is 715
brought forward as follows: 716
43-21-155. (1) If a child is alleged to be a delinquent 717
child or a child in need of supervision, the proceedings shall be 718
commenced in any county where any of the alleged acts are said to 719
have occurred. After adjudication, the youth court may, in the 720
best interest of the child, transfer the case at any stage of the 721
proceeding for disposition to the county where the child resides 722
or to a county where a youth court has previously acquired 723
jurisdiction. 724
(2) If a child is alleged to be an abused or neglected 725
child, the proceedings shall be commenced in the county where the 726
child's custodian resides or in the county where the child is 727
present when the report is made to the intake unit. After 728
adjudication the youth court may transfer the case at any stage of 729
the proceeding for disposition to the county where the child 730
resides or to a county where a youth court has previously acquired 731
jurisdiction if that is in the best interest of the child. 732
SECTION 18. Section 43-21-157, Mississippi Code of 1972, is 733
brought forward as follows: 734
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43-21-157. (1) If a child who has reached his thirteenth 735
birthday is charged by petition to be a delinquent child, the 736
youth court, either on motion of the youth court prosecutor or on 737
the youth court's own motion, after a hearing as hereinafter 738
provided, may, in its discretion, transfer jurisdiction of the 739
alleged offense described in the petition or a lesser included 740
offense to the criminal court which would have trial jurisdiction 741
of such offense if committed by an adult. The child shall be 742
represented by counsel in transfer proceedings. 743
(2) A motion to transfer shall be filed on a day prior to 744
the date set for the adjudicatory hearing but not more than ten 745
(10) days after the filing of the petition. The youth court may 746
order a transfer study at any time after the motion to transfer is 747
filed. The transfer study and any other social record which the 748
youth court will consider at the transfer hearing shall be made 749
available to the child's counsel prior to the hearing. Summons 750
shall be served in the same manner as other summons under this 751
chapter with a copy of the motion to transfer and the petition 752
attached thereto. 753
(3) The transfer hearing shall be bifurcated. At the 754
transfer hearing, the youth court shall first determine whether 755
probable cause exists to believe that the child committed the 756
alleged offense. For the purpose of the transfer hearing only, 757
the child may, with the assistance of counsel, waive the 758
determination of probable cause. 759
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(4) Upon such a finding of probable cause, the youth court 760
may transfer jurisdiction of the alleged offense and the youth if 761
the youth court finds by clear and convincing evidence that there 762
are no reasonable prospects of rehabilitation within the juvenile 763
justice system. 764
(5) The factors which shall be considered by the youth court 765
in determining the reasonable prospects of rehabilitation within 766
the juvenile justice system are: 767
(a) Whether or not the alleged offense constituted a 768
substantial danger to the public; 769
(b) The seriousness of the alleged offense; 770
(c) Whether or not the transfer is required to protect 771
the community; 772
(d) Whether or not the alleged offense was committed in 773
an aggressive, violent, premeditated or willful manner; 774
(e) Whether the alleged offense was against persons or 775
against property, greater weight being given to the offense 776
against persons, especially if personal injury resulted; 777
(f) The sophistication, maturity and educational 778
background of the child; 779
(g) The child's home situation, emotional condition and 780
lifestyle; 781
(h) The history of the child, including experience with 782
the juvenile justice system, other courts, probation, commitments 783
to juvenile institutions or other placements; 784
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(i) Whether or not the child can be retained in the 785
juvenile justice system long enough for effective treatment or 786
rehabilitation; 787
(j) The dispositional resources available to the 788
juvenile justice system; 789
(k) Dispositional resources available to the adult 790
correctional system for the child if treated as an adult; 791
(l) Whether the alleged offense was committed on school 792
property, public or private, or at any school-sponsored event, and 793
constituted a substantial danger to other students; 794
(m) Any other factors deemed relevant by the youth 795
court; and 796
(n) Nothing in this subsection shall prohibit the 797
transfer of jurisdiction of an alleged offense and a child if that 798
child, at the time of the transfer hearing, previously has not 799
been placed in a juvenile institution. 800
(6) If the youth court transfers jurisdiction of the alleged 801
offense to a criminal court, the youth court shall enter a 802
transfer order containing: 803
(a) Facts showing that the youth court had jurisdiction 804
of the cause and of the parties; 805
(b) Facts showing that the child was represented by 806
counsel; 807
(c) Facts showing that the hearing was held in the 808
presence of the child and his counsel; 809
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(d) A recital of the findings of probable cause and the 810
facts and reasons underlying the youth court's decision to 811
transfer jurisdiction of the alleged offense; 812
(e) The conditions of custody or release of the child 813
pending criminal court proceedings, including bail or recognizance 814
as the case may justify, as well as a designation of the custodian 815
for the time being; and 816
(f) A designation of the alleged offense transferred 817
and of the court to which the transfer is made and a direction to 818
the clerk to forward for filing in such court a certified copy of 819
the transfer order of the youth court. 820
(7) The testimony of the child respondent at a transfer 821
hearing conducted pursuant to this chapter shall not be admissible 822
against the child in any proceeding other than the transfer 823
hearing. 824
(8) When jurisdiction of an offense is transferred to the 825
circuit court, or when a youth has committed an act which is in 826
original circuit court jurisdiction pursuant to Section 43-21-151, 827
the jurisdiction of the youth court over the youth for any future 828
offenses is terminated, except that jurisdiction over future 829
offenses is not terminated if the circuit court transfers or 830
remands the transferred case to the youth court or if a child who 831
has been transferred to the circuit court or is in the original 832
jurisdiction of the circuit court is not convicted. However, when 833
jurisdiction of an offense is transferred to the circuit court 834
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pursuant to this section or when an offense committed by a youth 835
is in original circuit court jurisdiction pursuant to Section 836
43-21-151, the circuit court shall thereafter assume and retain 837
jurisdiction of any felony offenses committed by such youth 838
without any additional transfer proceedings. Any misdemeanor 839
offenses committed by youth who are in circuit court jurisdiction 840
pursuant to this section or Section 43-21-151 shall be prosecuted 841
in the court which would have jurisdiction over that offense if 842
committed by an adult without any additional transfer proceedings. 843
The circuit court may review the transfer proceedings on motion of 844
the transferred child. Such review shall be on the record of the 845
hearing in the youth court. The circuit court shall remand the 846
offense to the youth court if there is no substantial evidence to 847
support the order of the youth court. The circuit court may also 848
review the conditions of custody or release pending criminal court 849
proceedings. 850
(9) When any youth has been the subject of a transfer to 851
circuit court for an offense committed in any county of the state 852
or has committed any act which is in the original jurisdiction of 853
the circuit court pursuant to Section 43-21-151, that transfer or 854
original jurisdiction shall be recognized by all other courts of 855
the state and no subsequent offense committed by such youth in any 856
county of the state shall be in the jurisdiction of the youth 857
court unless transferred to the youth court pursuant to Section 858
43-21-159(3). Transfers from youth courts of other states shall 859
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be recognized by the courts of this state and no youth who has a 860
pending charge or a conviction in the adult court system of any 861
other state shall be in the jurisdiction of the youth courts of 862
this state, but such youths shall be in the jurisdiction of the 863
circuit court for any felony committed in this state or in the 864
jurisdiction of the court of competent jurisdiction for any 865
misdemeanor committed in this state. 866
SECTION 19. Section 43-21-159, Mississippi Code of 1972, is 867
brought forward as follows: 868
43-21-159. (1) When a person appears before a court other 869
than the youth court, and it is determined that the person is a 870
child under jurisdiction of the youth court, such court shall, 871
unless the jurisdiction of the offense has been transferred to 872
such court as provided in this chapter, or unless the child has 873
previously been the subject of a transfer from the youth court to 874
the circuit court for trial as an adult and was convicted, 875
immediately dismiss the proceeding without prejudice and forward 876
all documents pertaining to the cause to the youth court; and all 877
entries in permanent records shall be expunged. The youth court 878
shall have the power to order and supervise the expunction or the 879
destruction of such records in accordance with Section 43-21-265. 880
Upon petition therefor, the youth court shall expunge the record 881
of any case within its jurisdiction in which an arrest was made, 882
the person arrested was released and the case was dismissed or the 883
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charges were dropped, there was no disposition of such case, or 884
the person was found not delinquent. 885
In cases where the child is charged with a hunting or fishing 886
violation or a traffic violation, whether it be any state or 887
federal law, a violation of the Mississippi Implied Consent Law, 888
or municipal ordinance or county resolution, or where the child is 889
charged with a violation of Section 67-3-70, the appropriate 890
criminal court shall proceed to dispose of the same in the same 891
manner as for other adult offenders and it shall not be necessary 892
to transfer the case to the youth court of the county. However, 893
unless the cause has been transferred, or unless the child has 894
previously been the subject of a transfer from the youth court to 895
the circuit court for trial as an adult and was convicted, the 896
youth court shall have power on its own motion to remove 897
jurisdiction from any criminal court of any offense including a 898
hunting or fishing violation, a traffic violation, a violation of 899
the Mississippi Implied Consent Law, or a violation of Section 900
67-3-70, committed by a child in a matter under the jurisdiction 901
of the youth court and proceed therewith in accordance with the 902
provisions of this chapter. 903
(2) After conviction and sentence of any child by any other 904
court having original jurisdiction on a misdemeanor charge, and 905
within the time allowed for an appeal of such conviction and 906
sentence, the youth court of the county shall have the full power 907
to stay the execution of the sentence and to release the child on 908
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good behavior or on other order as the youth court may see fit to 909
make unless the child has previously been the subject of a 910
transfer from the youth court to the circuit court for trial as an 911
adult and was convicted. When a child is convicted of a 912
misdemeanor and is committed to, incarcerated in or imprisoned in 913
a jail or other place of detention by a criminal court having 914
proper jurisdiction of such charge, such court shall notify the 915
youth court judge or the judge's designee of the conviction and 916
sentence prior to the commencement of such incarceration. The 917
youth court shall have the power to order and supervise the 918
destruction of any records involving children maintained by the 919
criminal court in accordance with Section 43-21-265. However, the 920
youth court shall have the power to set aside a judgment of any 921
other court rendered in any matter over which the youth court has 922
exclusive original jurisdiction, to expunge or destroy the records 923
thereof in accordance with Section 43-21-265, and to order a 924
refund of fines and costs. 925
(3) Nothing in subsection (1) or (2) shall apply to a youth 926
who has a pending charge or a conviction for any crime over which 927
circuit court has original jurisdiction. 928
(4) In any case wherein the defendant is a child as defined 929
in this chapter and of which the circuit court has original 930
jurisdiction, the circuit judge, upon a finding that it would be 931
in the best interest of such child and in the interest of justice, 932
may at any stage of the proceedings prior to the attachment of 933
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jeopardy transfer such proceedings to the youth court for further 934
proceedings unless the child has previously been the subject of a 935
transfer from the youth court to the circuit court for trial as an 936
adult and was convicted or has previously been convicted of a 937
crime which was in original circuit court jurisdiction, and the 938
youth court shall, upon acquiring jurisdiction, proceed as 939
provided in this chapter for the adjudication and disposition of 940
delinquent child proceeding proceedings. If the case is not 941
transferred to the youth court and the youth is convicted of a 942
crime by any circuit court, the trial judge shall sentence the 943
youth as though such youth was an adult. The circuit court shall 944
not have the authority to commit such child to the custody of the 945
Department of Youth Services for placement in a state-supported 946
training school. 947
(5) In no event shall a court sentence an offender over the 948
age of eighteen (18) to the custody of the Division of Youth 949
Services for placement in a state-supported training school. 950
(6) When a child's driver's license is suspended by the 951
youth court for any reason, the clerk of the youth court shall 952
report the suspension, without a court order under Section 953
43-21-261, to the Commissioner of Public Safety in the same manner 954
as such suspensions are reported in cases involving adults. 955
(7) No offense involving the use or possession of a firearm 956
by a child who has reached his fifteenth birthday and which, if 957
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committed by an adult would be a felony, shall be transferred to 958
the youth court. 959
SECTION 20. Section 43-21-205, Mississippi Code of 1972, is 960
brought forward as follows: 961
43-21-205. In proceedings under this chapter, no court costs 962
shall be charged against any party to a petition, and no salaried 963
officer of the state, county or any municipality, nor any youth 964
court counselor, nor any witness other than an expert witness 965
shall be entitled to receive any fee for any service rendered to 966
the youth court or for attendance in the youth court in any 967
proceedings under this chapter; but the fees of the circuit and 968
chancery clerks in youth court cases originating by petition or 969
any other youth court matter acted upon by the court shall be paid 970
as is provided by law for like services in other cases and shall 971
be paid by the county on allowance of the board of supervisors on 972
an itemized cost bill approved by the judge. These costs shall be 973
paid out of the general fund. 974
SECTION 21. Section 43-21-261, Mississippi Code of 1972, is 975
amended as follows: 976
43-21-261. (1) Except as otherwise provided in this 977
section, records involving children shall not be disclosed, other 978
than to necessary staff or officials of the youth court, a 979
guardian ad litem appointed to a child by the court, or a 980
Court-Appointed Special Advocate (CASA) volunteer who may be 981
assigned in a dependency, abuse or neglect case, except pursuant 982
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to an order of the youth court specifying the person or persons to 983
whom the records may be disclosed, the extent of the records which 984
may be disclosed and the purpose of the disclosure. Such court 985
orders for disclosure shall be limited to those instances in which 986
the youth court concludes, in its discretion, that disclosure is 987
required for the best interests of the child, the public safety, 988
the functioning of the youth court, or to identify a person who 989
knowingly made a false allegation of child abuse or neglect, and 990
then only to the following persons: 991
(a) The judge of another youth court or member of 992
another youth court staff; 993
(b) The court of the parties in a child custody or 994
adoption cause in another court; 995
(c) A judge of any other court or members of another 996
court staff, including the chancery court that ordered a forensic 997
interview; 998
(d) Representatives of a public or private agency 999
providing supervision or having custody of the child under order 1000
of the youth court; 1001
(e) Any person engaged in a bona fide research purpose, 1002
provided that no information identifying the subject of the 1003
records shall be made available to the researcher unless it is 1004
absolutely essential to the research purpose and the judge gives 1005
prior written approval, and the child, through his or her 1006
representative, gives permission to release the information; 1007
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(f) The Mississippi Department of Employment Security, 1008
or its duly authorized representatives, for the purpose of a 1009
child's enrollment into the Job Corps Training Program as 1010
authorized by Title IV of the Comprehensive Employment Training 1011
Act of 1973 (29 USCS Section 923 et seq.). However, no records, 1012
reports, investigations or information derived therefrom 1013
pertaining to child abuse or neglect shall be disclosed; 1014
(g) Any person pursuant to a finding by a judge of the 1015
youth court of compelling circumstances affecting the health, 1016
safety or well-being of a child and that such disclosure is in the 1017
best interests of the child or an adult who was formerly the 1018
subject of a youth court delinquency proceeding; 1019
(h) A person who was the subject of a knowingly made 1020
false allegation of child abuse or neglect which has resulted in a 1021
conviction of a perpetrator in accordance with Section 97-35-47 or 1022
which allegation was referred by the Department of Child 1023
Protection Services to a prosecutor or law enforcement official in 1024
accordance with the provisions of Section 43-21-353(4). 1025
Law enforcement agencies may disclose information to the 1026
public concerning the taking of a child into custody for the 1027
commission of a delinquent act without the necessity of an order 1028
from the youth court. The information released shall not identify 1029
the child or his address unless the information involves a child 1030
convicted as an adult. 1031
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(2) Any records involving children which are disclosed under 1032
an order of the youth court or pursuant to the terms of this 1033
section and the contents thereof shall be kept confidential by the 1034
person or agency to whom the record is disclosed unless otherwise 1035
provided in the order. Any further disclosure of any records 1036
involving children shall be made only under an order of the youth 1037
court as provided in this section. 1038
(3) Upon request, the parent, guardian or custodian of the 1039
child who is the subject of a youth court cause or any attorney 1040
for such parent, guardian or custodian, shall have the right to 1041
inspect any record, report or investigation relevant to a matter 1042
to be heard by a youth court, except that the identity of the 1043
reporter shall not be released, nor the name of any other person 1044
where the person or agency making the information available finds 1045
that disclosure of the information would be likely to endanger the 1046
life or safety of such person. The attorney for the parent, 1047
guardian or custodian of the child, upon request, shall be 1048
provided a copy of any record, report or investigation relevant to 1049
a matter to be heard by a youth court, but the identity of the 1050
reporter must be redacted and the name of any other person must 1051
also be redacted if the person or agency making the information 1052
available finds that disclosure of the information would be likely 1053
to endanger the life, safety or well-being of the person. A 1054
record provided to the attorney under this section must remain in 1055
the attorney's control and the attorney may not provide copies or 1056
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access to another person or entity without prior consent of a 1057
court with appropriate jurisdiction. 1058
(4) Upon request, the child who is the subject of a youth 1059
court cause shall have the right to have his counsel inspect and 1060
copy any record, report or investigation which is filed with the 1061
youth court or which is to be considered by the youth court at a 1062
hearing. 1063
(5) (a) The youth court prosecutor or prosecutors, the 1064
county attorney, the district attorney, the youth court defender 1065
or defenders, or any attorney representing a child shall have the 1066
right to inspect and copy any law enforcement record involving 1067
children. 1068
(b) The Department of Child Protection Services shall 1069
disclose to a county prosecuting attorney or district attorney any 1070
and all records resulting from an investigation into suspected 1071
child abuse or neglect when the case has been referred by the 1072
Department of Child Protection Services to the county prosecuting 1073
attorney or district attorney for criminal prosecution. 1074
(c) Agency records made confidential under the 1075
provisions of this section may be disclosed to a court of 1076
competent jurisdiction. 1077
(d) Records involving children shall be disclosed to 1078
the Division of Victim Compensation of the Office of the Attorney 1079
General upon the division's request without order of the youth 1080
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court for purposes of determination of eligibility for victim 1081
compensation benefits. 1082
(6) Information concerning an investigation into a report of 1083
child abuse or child neglect may be disclosed by the Department of 1084
Child Protection Services without order of the youth court to any 1085
attorney, physician, dentist, intern, resident, nurse, 1086
psychologist, social worker, family protection worker, family 1087
protection specialist, child caregiver, minister, law enforcement 1088
officer, or a public or private school employee making that report 1089
pursuant to Section 43-21-353(1) if the reporter has a continuing 1090
professional relationship with the child and a need for such 1091
information in order to protect or treat the child. 1092
(7) Information concerning an investigation into a report of 1093
child abuse or child neglect may be disclosed without further 1094
order of the youth court to any interagency child abuse task force 1095
established in any county or municipality by order of the youth 1096
court of that county or municipality. 1097
(8) Names and addresses of juveniles twice adjudicated as 1098
delinquent for an act which would be a felony if committed by an 1099
adult or for the unlawful possession of a firearm shall not be 1100
held confidential and shall be made available to the public. 1101
(9) Names and addresses of juveniles adjudicated as 1102
delinquent for murder, manslaughter, burglary, arson, armed 1103
robbery, aggravated assault, any sex offense as defined in Section 1104
45-33-23, for any violation of Section 41-29-139(a)(1) or for any 1105
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violation of Section 63-11-30, shall not be held confidential and 1106
shall be made available to the public. 1107
(10) The judges of the circuit and county courts, and 1108
presentence investigators for the circuit courts, as provided in 1109
Section 47-7-9, shall have the right to inspect any youth court 1110
records of a person convicted of a crime for sentencing purposes 1111
only. 1112
(11) The victim of an offense committed by a child who is 1113
the subject of a youth court cause shall have the right to be 1114
informed of the child's disposition by the youth court. 1115
(12) A classification hearing officer of the State 1116
Department of Corrections, as provided in Section 47-5-103, shall 1117
have the right to inspect any youth court records, excluding abuse 1118
and neglect records, of any offender in the custody of the 1119
department who as a child or minor was a juvenile offender or was 1120
the subject of a youth court cause of action, and the State Parole 1121
Board, as provided in Section 47-7-17, shall have the right to 1122
inspect such records when the offender becomes eligible for 1123
parole. 1124
(13) The youth court shall notify the Department of Public 1125
Safety of the name, and any other identifying information such 1126
department may require, of any child who is adjudicated delinquent 1127
as a result of a violation of the Uniform Controlled Substances 1128
Law. 1129
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(14) The Administrative Office of Courts shall have the 1130
right to inspect any youth court records in order that the number 1131
of youthful offenders, abused, neglected, truant and dependent 1132
children, as well as children in need of special care and children 1133
in need of supervision, may be tracked with specificity through 1134
the youth court and adult justice system, and to utilize tracking 1135
forms for such purpose. 1136
(15) Upon a request by a youth court, the Administrative 1137
Office of Courts shall disclose all information at its disposal 1138
concerning any previous youth court intakes alleging that a child 1139
was a delinquent child, child in need of supervision, child in 1140
need of special care, truant child, abused child or neglected 1141
child, as well as any previous youth court adjudications for the 1142
same and all dispositional information concerning a child who at 1143
the time of such request comes under the jurisdiction of the youth 1144
court making such request. 1145
(16) The Administrative Office of Courts * * * shall 1146
disclose to the Department of Public Safety and the Department of 1147
Human Services any or all of the information involving children 1148
contained in the office's youth court data management system known 1149
as Mississippi Youth Court Information Delivery System or 1150
"MYCIDS." 1151
(17) The youth courts of the state shall disclose to the 1152
Joint Legislative Committee on Performance Evaluation and 1153
Expenditure Review (PEER) any youth court records in order that 1154
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the number of youthful offenders, abused, neglected, truant and 1155
dependent children, as well as children in need of special care 1156
and children in need of supervision, may be tracked with 1157
specificity through the youth court and adult justice system, and 1158
to utilize tracking forms for such purpose. The disclosure 1159
prescribed in this subsection shall not require a court order and 1160
shall be made in sortable, electronic format where possible. The 1161
PEER Committee may seek the assistance of the Administrative 1162
Office of Courts in seeking this information. The PEER Committee 1163
shall not disclose the identities of any youth who have been 1164
adjudicated in the youth courts of the state and shall only use 1165
the disclosed information for the purpose of monitoring the 1166
effectiveness and efficiency of programs established to assist 1167
adjudicated youth, and to ascertain the incidence of adjudicated 1168
youth who become adult offenders. 1169
(18) In every case where an abuse or neglect allegation has 1170
been made, the confidentiality provisions of this section shall 1171
not apply to prohibit access to a child's records by any state 1172
regulatory agency, any state or local prosecutorial agency or law 1173
enforcement agency; however, no identifying information concerning 1174
the child in question may be released to the public by such agency 1175
except as otherwise provided herein. 1176
(19) In every case of child abuse or neglect, if a child's 1177
physical condition is medically labeled as medically "serious" or 1178
"critical" or a child dies, the confidentiality provisions of this 1179
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section shall not apply. In such cases, the following information 1180
may be released by the Mississippi Department of Child Protection 1181
Services: the cause of the circumstances regarding the fatality 1182
or medically serious or critical physical condition; the age and 1183
gender of the child; information describing any previous reports 1184
of child abuse or neglect investigations that are pertinent to the 1185
child abuse or neglect that led to the fatality or medically 1186
serious or critical physical condition; the result of any such 1187
investigations; and the services provided by and actions of the 1188
state on behalf of the child that are pertinent to the child abuse 1189
or neglect that led to the fatality or medically serious or 1190
critical physical condition. 1191
(20) Any member of a foster care review board designated by 1192
the Department of Child Protection Services shall have the right 1193
to inspect youth court records relating to the abuse, neglect or 1194
child in need of supervision cases assigned to such member for 1195
review. 1196
(21) Information concerning an investigation into a report 1197
of child abuse or child neglect may be disclosed without further 1198
order of the youth court in any administrative or due process 1199
hearing held, pursuant to Section 43-21-257, by the Department of 1200
Child Protection Services for individuals whose names will be 1201
placed on the central registry as substantiated perpetrators. 1202
(22) The Department of Child Protection Services may 1203
disclose records involving children to the following: 1204
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(a) A foster home, residential child-caring agency or 1205
child-placing agency to the extent necessary to provide such care 1206
and services to a child; 1207
(b) An individual, agency or organization that provides 1208
services to a child or the child's family in furtherance of the 1209
child's permanency plan to the extent necessary in providing those 1210
services; 1211
(c) Health and mental health care providers of a child 1212
to the extent necessary for the provider to properly treat and 1213
care for the child; 1214
(d) An educational institution or educational services 1215
provider where the child is enrolled or where enrollment is 1216
anticipated to the extent necessary for the school to provide 1217
appropriate services to the child; 1218
(e) Any state agency or board that administers student 1219
financial assistance programs. However, any records request under 1220
this paragraph shall be initiated by the agency or board for the 1221
purpose determining the child's eligibility for student financial 1222
assistance, and any disclosure shall be limited to the 1223
verification of the child's age during the period of time in which 1224
the child was in the department's legal custody; and 1225
(f) Any other state agency if the disclosure is 1226
necessary to the department in fulfilling its statutory 1227
responsibilities in protecting the best interests of the child. 1228
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(23) Nothing in this section or chapter shall require youth 1229
court approval for disclosure of records involving children as 1230
defined in Section 43-21-105(u), if the disclosure is made in a 1231
criminal matter by a municipal or county prosecutor, a district 1232
attorney or statewide prosecutor, pursuant to the Mississippi 1233
Rules of Criminal Procedure and the records are disclosed under a 1234
protective order issued by the Circuit Court presiding over the 1235
criminal matter which incorporates the penalties stated in Section 1236
43-21-267. 1237
(24) The provisions of this section shall stand repealed on 1238
July 1, 2026. 1239
SECTION 22. Section 43-21-351, Mississippi Code of 1972, is 1240
brought forward as follows: 1241
43-21-351. (1) Any person or agency having knowledge that a 1242
child residing or being within the county is within the 1243
jurisdiction of the youth court may make a written report to the 1244
intake unit alleging facts sufficient to establish the 1245
jurisdiction of the youth court. The report shall bear a 1246
permanent number that will be assigned by the court in accordance 1247
with the standards established by the Administrative Office of 1248
Courts pursuant to Section 9-21-9(d), and shall be preserved until 1249
destroyed on order of the court. 1250
(2) There shall be in each youth court of the state an 1251
intake officer who shall be responsible for the accurate and 1252
timely entering of all intake and case information into the 1253
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Mississippi Youth Court Information Delivery System (MYCIDS) for 1254
the Department of Human Services - Division of Youth Services, 1255
truancy matters, and the Department of Child Protection Services. 1256
It shall be the responsibility of the youth court judge or referee 1257
of each county to ensure that the intake officer is carrying out 1258
the responsibility of this section. 1259
(3) Each intake officer shall receive, at a minimum, six (6) 1260
hours of annual training on MYCIDS provided by the Mississippi 1261
Judicial College. The required training under this subsection 1262
shall be in addition to technical training provided by the 1263
Mississippi Supreme Court MYCIDS Information Technology 1264
Department. 1265
(4) The Mississippi Judicial College, in conjunction with 1266
the Administrative Office of Courts, shall develop training 1267
materials on MYCIDS: 1268
(a) To ensure the accurate and timely entrance of all 1269
intake and case information throughout the state by intake 1270
officers; 1271
(b) To ensure that youth court judges are equipped to 1272
oversee the functions of each intake officer. 1273
(5) The provisions of this section shall stand repealed on 1274
July 1, 2026. 1275
SECTION 23. Section 43-21-353, Mississippi Code of 1972, is 1276
brought forward as follows: 1277
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43-21-353. (1) Any attorney, physician, dentist, intern, 1278
resident, nurse, psychologist, social worker, family protection 1279
worker, family protection specialist, child caregiver, minister, 1280
law enforcement officer, public or private school employee or any 1281
other person having reasonable cause to suspect that a child is a 1282
neglected child, an abused child, or a victim of commercial sexual 1283
exploitation or human trafficking shall cause an oral report to be 1284
made immediately by telephone or otherwise and followed as soon 1285
thereafter as possible by a report in writing to the Department of 1286
Child Protection Services, and immediately a referral shall be 1287
made by the Department of Child Protection Services to the youth 1288
court intake unit, which unit shall promptly comply with Section 1289
43-21-357. In the course of an investigation, at the initial time 1290
of contact with the individual(s) about whom a report has been 1291
made under this Youth Court Act or with the individual(s) 1292
responsible for the health or welfare of a child about whom a 1293
report has been made under this chapter, the Department of Child 1294
Protection Services shall inform the individual of the specific 1295
complaints or allegations made against the individual. Consistent 1296
with subsection (4), the identity of the person who reported his 1297
or her suspicion shall not be disclosed at that point. Where 1298
appropriate, the Department of Child Protection Services shall 1299
additionally make a referral to the youth court prosecutor. 1300
Upon receiving a report that a child has been sexually 1301
abused, is a victim of commercial sexual exploitation or human 1302
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trafficking or has been burned, tortured, mutilated or otherwise 1303
physically abused in such a manner as to cause serious bodily 1304
harm, or upon receiving any report of abuse that would be a felony 1305
under state or federal law, the Department of Child Protection 1306
Services shall immediately notify the law enforcement agency in 1307
whose jurisdiction the abuse occurred. Within forty-eight (48) 1308
hours, the department must notify the appropriate prosecutor and 1309
the Statewide Human Trafficking Coordinator. The department shall 1310
have the duty to provide the law enforcement agency all the names 1311
and facts known at the time of the report; this duty shall be of a 1312
continuing nature. The law enforcement agency and the department 1313
shall investigate the reported abuse immediately and shall file a 1314
preliminary report with the appropriate prosecutor's office within 1315
twenty-four (24) hours and shall make additional reports as new or 1316
additional information or evidence becomes available. The 1317
department shall advise the clerk of the youth court and the youth 1318
court prosecutor of all cases of abuse reported to the department 1319
within seventy-two (72) hours and shall update such report as 1320
information becomes available. In addition, if the Department of 1321
Child Protection Services determines that a parent or other person 1322
responsible for the care or welfare of an abused or neglected 1323
child maintains active duty status within the military, the 1324
department shall notify the applicable military installation 1325
family advocacy program that there is an allegation of abuse or 1326
neglect that relates to that child. 1327
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(2) Any report shall contain the names and addresses of the 1328
child and his parents or other persons responsible for his care, 1329
if known, the child's age, the nature and extent of the child's 1330
injuries, including any evidence of previous injuries, any other 1331
information that might be helpful in establishing the cause of the 1332
injury, and the identity of the perpetrator. 1333
(3) The Department of Child Protection Services shall 1334
maintain a statewide incoming wide-area telephone service or 1335
similar service for the purpose of receiving reports of suspected 1336
cases of child abuse, commercial sexual exploitation or human 1337
trafficking; provided that any attorney, physician, dentist, 1338
intern, resident, nurse, psychologist, social worker, family 1339
protection worker, family protection specialist, child caregiver, 1340
minister, law enforcement officer or public or private school 1341
employee who is required to report under subsection (1) of this 1342
section shall report in the manner required in subsection (1). 1343
(4) Reports of abuse, neglect and commercial sexual 1344
exploitation or human trafficking made under this chapter and the 1345
identity of the reporter are confidential except when the court in 1346
which the investigation report is filed, in its discretion, 1347
determines the testimony of the person reporting to be material to 1348
a judicial proceeding or when the identity of the reporter is 1349
released to law enforcement agencies and the appropriate 1350
prosecutor pursuant to subsection (1). Reports made under this 1351
section to any law enforcement agency or prosecutorial officer are 1352
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for the purpose of criminal investigation and prosecution only and 1353
no information from these reports may be released to the public 1354
except as provided by Section 43-21-261. Disclosure of any 1355
information by the prosecutor shall be according to the 1356
Mississippi Uniform Rules of Circuit and County Court Procedure. 1357
The identity of the reporting party shall not be disclosed to 1358
anyone other than law enforcement officers or prosecutors without 1359
an order from the appropriate youth court. Any person disclosing 1360
any reports made under this section in a manner not expressly 1361
provided for in this section or Section 43-21-261 shall be guilty 1362
of a misdemeanor and subject to the penalties prescribed by 1363
Section 43-21-267. Notwithstanding the confidentiality of the 1364
reporter's identity under this section, the Department of Child 1365
Protection Services may disclose a reporter's identity to the 1366
appropriate law enforcement agency or prosecutor if the department 1367
has reason to suspect the reporter has made a fraudulent report, 1368
and the Department of Child Protection Services must provide to 1369
the subject of the alleged fraudulent report written notification 1370
of the disclosure. 1371
(5) All final dispositions of law enforcement investigations 1372
described in subsection (1) of this section shall be determined 1373
only by the appropriate prosecutor or court. All final 1374
dispositions of investigations by the Department of Child 1375
Protection Services as described in subsection (1) of this section 1376
shall be determined only by the youth court. Reports made under 1377
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subsection (1) of this section by the Department of Child 1378
Protection Services to the law enforcement agency and to the 1379
district attorney's office shall include the following, if known 1380
to the department: 1381
(a) The name and address of the child; 1382
(b) The names and addresses of the parents; 1383
(c) The name and address of the suspected perpetrator; 1384
(d) The names and addresses of all witnesses, including 1385
the reporting party if a material witness to the abuse; 1386
(e) A brief statement of the facts indicating that the 1387
child has been abused, including whether the child experienced 1388
commercial sexual exploitation or human trafficking, and any other 1389
information from the agency files or known to the family 1390
protection worker or family protection specialist making the 1391
investigation, including medical records or other records, which 1392
may assist law enforcement or the district attorney in 1393
investigating and/or prosecuting the case; and 1394
(f) What, if any, action is being taken by the 1395
Department of Child Protection Services. 1396
(6) In any investigation of a report made under this chapter 1397
of the abuse or neglect of a child as defined in Section 1398
43-21-105(l) or (m), the Department of Child Protection Services 1399
may request the appropriate law enforcement officer with 1400
jurisdiction to accompany the department in its investigation, and 1401
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in such cases the law enforcement officer shall comply with such 1402
request. 1403
(7) Anyone who willfully violates any provision of this 1404
section shall be, upon being found guilty, punished by a fine not 1405
to exceed Five Thousand Dollars ($5,000.00), or by imprisonment in 1406
jail not to exceed one (1) year, or both. 1407
(8) If a report is made directly to the Department of Child 1408
Protection Services that a child has been abused or neglected or 1409
experienced commercial sexual exploitation or human trafficking in 1410
an out-of-home setting, a referral shall be made immediately to 1411
the law enforcement agency in whose jurisdiction the abuse 1412
occurred and the department shall notify the district attorney's 1413
office and the Statewide Human Trafficking Coordinator within 1414
forty-eight (48) hours of such report. The Department of Child 1415
Protection Services shall investigate the out-of-home setting 1416
report of abuse or neglect to determine whether the child who is 1417
the subject of the report, or other children in the same 1418
environment, comes within the jurisdiction of the youth court and 1419
shall report to the youth court the department's findings and 1420
recommendation as to whether the child who is the subject of the 1421
report or other children in the same environment require the 1422
protection of the youth court. The law enforcement agency shall 1423
investigate the reported abuse immediately and shall file a 1424
preliminary report with the district attorney's office within 1425
forty-eight (48) hours and shall make additional reports as new 1426
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information or evidence becomes available. If the out-of-home 1427
setting is a licensed facility, an additional referral shall be 1428
made by the Department of Child Protection Services to the 1429
licensing agency. The licensing agency shall investigate the 1430
report and shall provide the department, the law enforcement 1431
agency and the district attorney's office with their written 1432
findings from such investigation as well as that licensing 1433
agency's recommendations and actions taken. 1434
(9) If a child protective investigation does not result in 1435
an out-of-home placement, a child protective investigator must 1436
provide information to the parent or guardians about community 1437
service programs that provide respite care, counseling and support 1438
for children who have experienced commercial sexual exploitation 1439
or human trafficking, voluntary guardianship or other support 1440
services for families in crisis. 1441
SECTION 24. Section 43-21-354, Mississippi Code of 1972, is 1442
brought forward as follows: 1443
43-21-354. The statewide incoming wide area telephone 1444
service established pursuant to Section 43-21-353 shall be 1445
maintained by the Department of Child Protection Services, or its 1446
successor, on a twenty-four-hour seven (7) days a week basis. 1447
SECTION 25. Section 43-21-355, Mississippi Code of 1972, is 1448
brought forward as follows: 1449
43-21-355. Any attorney, physician, dentist, intern, 1450
resident, nurse, psychologist, social worker, family protection 1451
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worker, family protection specialist, child caregiver, minister, 1452
law enforcement officer, school attendance officer, public school 1453
district employee, nonpublic school employee, licensed 1454
professional counselor or any other person participating in the 1455
making of a required report pursuant to Section 43-21-353 or 1456
participating in an investigation, evaluation or judicial 1457
proceeding resulting from the report shall be presumed to be 1458
acting in good faith. Any person or institution reporting or 1459
participating in an investigation, evaluation or judicial 1460
proceeding resulting from the report in good faith shall be immune 1461
from any liability, civil or criminal, that might otherwise be 1462
incurred or imposed. 1463
SECTION 26. Section 43-21-357, Mississippi Code of 1972, is 1464
brought forward as follows: 1465
43-21-357. (1) After receiving a report, the youth court 1466
intake unit shall promptly make a preliminary inquiry to determine 1467
whether the interest of the child, other children in the same 1468
environment or the public requires the youth court to take further 1469
action. As part of the preliminary inquiry, the youth court 1470
intake unit may request or the youth court may order the 1471
Department of Child Protection Services, the Department of Human 1472
Services - Division of Youth Services, any successor agency or any 1473
other qualified public employee to make an investigation or report 1474
concerning the child and any other children in the same 1475
environment, and present the findings thereof to the youth court 1476
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intake unit. If the youth court intake unit receives a neglect or 1477
abuse report, the youth court intake unit shall immediately 1478
forward the complaint to the Department of Child Protection 1479
Services to promptly make an investigation or report concerning 1480
the child and any other children in the same environment and 1481
promptly present the findings thereof to the youth court intake 1482
unit. If it appears from the preliminary inquiry that the child 1483
or other children in the same environment are within the 1484
jurisdiction of the court, the youth court intake unit shall 1485
recommend to the youth court: 1486
(a) That the youth court take no action; 1487
(b) That an informal adjustment be made; 1488
(c) That the Department of Child Protection Services 1489
monitor the child, family and other children in the same 1490
environment; 1491
(d) That the child is warned or counseled informally; 1492
(e) That the child be referred to the youth court 1493
intervention court; or 1494
(f) That a petition be filed. 1495
(2) The youth court shall then, without a hearing: 1496
(a) Order that no action be taken; 1497
(b) Order that an informal adjustment be made; 1498
(c) Order that the Department of Child Protection 1499
Services monitor the child, family and other children in the same 1500
environment; 1501
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(d) Order that the child is warned or counseled 1502
informally; 1503
(e) That the child be referred to the youth 1504
intervention court; or 1505
(f) Order that a petition be filed. 1506
(3) If the preliminary inquiry discloses that a child needs 1507
emergency medical treatment, the judge may order the necessary 1508
treatment. 1509
SECTION 27. Section 43-21-651, Mississippi Code of 1972, is 1510
brought forward as follows: 1511
43-21-651. (1) (a) The court to which appeals may be taken 1512
from final orders or decrees of the youth court shall be the 1513
Supreme Court of Mississippi pursuant to the Rules of Appellate 1514
Procedure. Final Orders in youth court include orders that grant 1515
durable legal custody or durable legal relative guardianship, 1516
transfer jurisdiction over the minor child to another court, such 1517
as for an adoption, or otherwise terminate the jurisdiction of the 1518
youth court over the minor child. All factual findings, legal 1519
determinations, and adjudication of issues by the youth court 1520
prior to the time the final order is entered are preserved for 1521
appellate review and any common law to the contrary is expressly 1522
abrogated. Any matters adjudicated by the youth court through 1523
interim orders such as adjudication/disposition orders, or 1524
permanency review orders, may be only appealed through the 1525
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interlocutory appeal process provided by the Rules of Appellate 1526
Procedure. 1527
(b) The rule of construction that statutes in 1528
derogation of the common law are to be strictly construed shall 1529
have no application to this subsection. 1530
(2) In any case wherein an appeal is desired, written notice 1531
of intention to appeal shall be filed with the youth court clerk 1532
within the time, and costs in the youth court and the filing fee 1533
in the Supreme Court shall be paid, as is otherwise required for 1534
appeals to the Supreme Court. If the appellant shall make 1535
affidavit that he is unable to pay such costs and filing fee, he 1536
shall have an appeal without prepayment of court costs and filing 1537
fee. Only the initials of the child shall appear on the record on 1538
appeal. 1539
(3) The pendency of an appeal shall not suspend the order or 1540
decree of the youth court regarding a child, nor shall it 1541
discharge the child from the custody of that court or of the 1542
person, institution or agency to whose care such child shall have 1543
been committed, unless the youth court or Supreme Court shall so 1544
order. If appellant desires to appeal with supersedeas, the 1545
matter first shall be presented to the youth court. If refused, 1546
the youth court shall forthwith issue a written order stating the 1547
reasons for the denial, which order shall be subject to review by 1548
the Supreme Court. If the Supreme Court does not dismiss the 1549
proceedings and discharge the child, it shall affirm or modify or 1550
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reverse the order of the youth court and remand the child to the 1551
jurisdiction of the youth court for placement and supervision in 1552
accordance with its order, and thereafter the child shall be and 1553
remain under the jurisdiction of the youth court in the same 1554
manner as if the youth court had made the order without an appeal 1555
having been taken. 1556
(4) Appeals from the youth court shall be preference cases 1557
in the Supreme Court. 1558
SECTION 28. Section 43-21-701, Mississippi Code of 1972, is 1559
brought forward as follows: 1560
43-21-701. (1) There is established the Mississippi 1561
Commission on a Uniform Youth Court System and Procedures. The 1562
commission shall consist of the following twenty-one (21) members: 1563
(a) One (1) circuit court judge appointed by the Chief 1564
Justice of the Mississippi Supreme Court; 1565
(b) One (1) chancery court judge, appointed by the 1566
Chief Justice of the Mississippi Supreme Court; 1567
(c) The President of the Mississippi Council of Youth 1568
Court Judges, or his designee; 1569
(d) Two (2) who may be either family court judges or 1570
county court judges, appointed by the President of the Mississippi 1571
Council of Youth Court Judges; 1572
(e) Two (2) youth court referees, appointed by the 1573
President of the Mississippi Council of Youth Court Judges; 1574
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(f) One (1) member of the Mississippi House of 1575
Representatives to be appointed by the Speaker of the House; 1576
(g) One (1) member of the Mississippi Senate to be 1577
appointed by the Lieutenant Governor; 1578
(h) The directors of the following state agencies or 1579
their designated representatives: the Mississippi Department of 1580
Human Services and the Mississippi Department of Child Protection 1581
Services; 1582
(i) The director or his designated representative of 1583
the Governor's Office of Federal-State Programs; 1584
(j) Two (2) employees, other than the commissioner, of 1585
the Department of Child Protection Services who are supervisors of 1586
social workers primarily assigned to youth cases, appointed by the 1587
Governor; 1588
(k) One (1) employee, other than the commissioner, of 1589
the Department of Child Protection Services who is experienced 1590
with the legal process of youth court cases, appointed by the 1591
Governor; 1592
(l) One (1) municipal police chief, appointed by the 1593
Governor; 1594
(m) One (1) county sheriff, appointed by the Governor; 1595
(n) Two (2) lawyers experienced in youth court work, 1596
appointed by the Governor; and 1597
(o) Two (2) prosecuting attorneys who prosecute cases 1598
in youth court, appointed by the Governor. 1599
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(2) The members shall be appointed to the commission within 1600
fifteen (15) days of the effective date of Sections 43-21-701 and 1601
43-21-703 and shall serve until the end of their respective terms 1602
of office, if applicable, or until October 1, 2024, whichever 1603
occurs first. Vacancies on the commission shall be filled in the 1604
manner of the original appointment. Members shall be eligible for 1605
reappointment provided that upon such reappointment they meet the 1606
qualifications required of a new appointee. 1607
(3) The commission may elect any officers from among its 1608
membership as it deems necessary for the efficient discharge of 1609
the commission's duties. 1610
(4) The commission shall adopt rules and regulations 1611
governing times and places for meetings and governing the manner 1612
of conducting its business. Twelve (12) or more members shall 1613
constitute a quorum for the purpose of conducting any business of 1614
the commission; provided, however, a vote of not less than 1615
fourteen (14) members shall be required for any recommendations to 1616
the Legislature. 1617
(5) Members of the commission shall serve without 1618
compensation, except that state and county employees and officers 1619
shall receive any per diem as authorized by law from 1620
appropriations available to their respective agencies or political 1621
subdivisions. All commission members shall be entitled to receive 1622
reimbursement for any actual and reasonable expenses incurred as a 1623
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necessary incident to service on the commission, including mileage 1624
as provided by law. 1625
(6) The commission may select and employ a research director 1626
who shall perform the duties which the commission directs, which 1627
duties shall include the hiring of such other employees for the 1628
commission as the commission may approve. The research director 1629
and all other employees of the commission shall be in the state 1630
service and their salaries shall be established by the commission 1631
subject to approval by the State Personnel Board. Employees of 1632
the commission shall be reimbursed for the expenses necessarily 1633
incurred in the performance of their official duties in the same 1634
manner as other state employees. The commission may also employ 1635
any consultants it deems necessary, including consultants to 1636
compile any demographic data needed to accomplish the duties of 1637
the commission. 1638
(7) The Governor's Office of Federal-State Programs shall 1639
support the Commission on a Uniform Youth Court System and shall 1640
act as agent for any funds made available to the commission for 1641
its use. In order to expedite the implementation of the 1642
Commission on a Uniform Youth Court System, any funds available to 1643
the Governor's Office of Federal-State Programs for the 2023-2024 1644
fiscal year may be expended for the purpose of defraying the 1645
expenses of the commission created herein. 1646
(8) The commission may contract for suitable office space in 1647
accordance with the provisions of Section 29-5-2, Mississippi Code 1648
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of 1972. In addition, the commission may utilize, with their 1649
consent, the services, equipment, personnel, information and 1650
resources of other state agencies; and may accept voluntary and 1651
uncompensated services, contract with individuals, public and 1652
private agencies, and request information, reports and data from 1653
any agency of the state, or any of its political subdivisions, to 1654
the extent authorized by law. 1655
(9) In order to conduct and carry out its purposes, duties 1656
and related activities as provided for in this section and Section 1657
43-21-703, the commission is authorized to apply for and accept 1658
gifts, grants, subsidies and other funds from persons, 1659
corporations, foundations, the United States government or other 1660
entities, provided that the receipt of such gifts, grants, 1661
subsidies and funds shall be reported and otherwise accounted for 1662
in the manner provided by law. 1663
SECTION 29. Section 43-21-703, Mississippi Code of 1972, is 1664
brought forward as follows: 1665
43-21-703. (1) The commission shall study the youth court 1666
system in Mississippi, and prepare a report including any proposed 1667
changes in the youth court system and/or its procedures. It shall 1668
submit the report to the Legislature, on or before October 1, 1669
2024, along with a report detailing any legislation which may be 1670
needed to implement the plan. In preparing the report, the 1671
commission shall evaluate the existing juvenile services in the 1672
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state and may recommend changes in the organizational concepts, 1673
institutions, laws and resources. 1674
(2) In formulating its report, the commission shall take 1675
into consideration the following: 1676
(a) Whether a uniform statewide youth court system 1677
would be desirable; 1678
(b) How best the service needs of the state could be 1679
met in relation to the taxing and resource capacity of various 1680
multi-county districts now existing or proposed; 1681
(c) Whether counties in a given service area or 1682
district may develop district shelters, detention centers and 1683
diagnostic centers to serve a multi-county area; and 1684
(d) What proposals or alternatives would update or 1685
modernize the system to provide staffing for all counties and 1686
citizens. 1687
(3) The commission, in addition to recommending the plan 1688
described in this section, shall serve as a clearinghouse and 1689
information center for the collection, preparation, analysis and 1690
dissemination of information on the youth court system in 1691
Mississippi and shall conduct ongoing research relating to the 1692
improvement of the youth court system. Pursuant to its duties 1693
under this subsection, the commission may request the regular 1694
submission to it of such reports, information and statistics by 1695
the courts, judges, prosecuting attorneys and agencies of this 1696
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state which the commission deems necessary for the development of 1697
its reports. 1698
SECTION 30. Section 43-21-753, Mississippi Code of 1972, is 1699
brought forward as follows: 1700
43-21-753. The youth court of any county in the state may 1701
establish a teen court program for the diversion of certain 1702
offenders who have waived all right of confidentiality and 1703
privilege against self-incrimination. The youth court of Rankin 1704
County may extend its teen court program within the city limits of 1705
Pearl. The offenders eligible to participate shall be those 1706
offenders who in the discretion of the youth court are suitable 1707
and compulsory-school-age children who have come into the 1708
jurisdiction of the youth court as a result of not attending 1709
school. The teen court shall be a preventive program for 1710
juveniles comprised of youth who are not less than thirteen (13) 1711
nor more than seventeen (17) years of age, which students shall 1712
serve as prosecutor, defense counsel, bailiff, court clerk and 1713
jurors. The program is to administer the "sentencing" or 1714
disposition phase of the proceedings against offenders who elect 1715
to participate, shall be under the guidance of the local youth 1716
court, and shall be approved by the local youth court. The youth 1717
court judge, or his designee who is a licensed attorney, shall 1718
preside. The teen court is authorized to require eligible 1719
offenders who choose to go to teen court in lieu of youth court to 1720
perform up to one hundred twelve (112) hours of community service, 1721
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require offenders to make a personal apology to a victim, require 1722
offenders to submit a research paper on any relevant subject, 1723
attend counseling and make restitution or any other disposition 1724
authorized by the youth court. The youth court shall establish 1725
rules and regulations, including sentencing guidelines, for the 1726
operation of a teen court. The teen court is authorized to accept 1727
monies from any available public or private source, including 1728
public or private donations, grants, gifts and appropriated funds 1729
for funding expenses of operating the court. 1730
Teen court may be held at whatever location the youth court 1731
selects at whatever time or times. Eligible offenders shall be 1732
only those children who agree to participate in the teen court and 1733
to abide by the teen court's rulings, whose parents or legal 1734
guardian shall also so agree, and who are otherwise qualified to 1735
participate. 1736
The youth court judge may require an offender who elects to 1737
participate in the teen court to pay a fee not to exceed Five 1738
Dollars ($5.00); any such fees shall be used in administering this 1739
article, and the fee shall not be refunded, regardless of whether 1740
the child successfully completes the teen court program. 1741
SECTION 31. Section 43-21-801, Mississippi Code of 1972, is 1742
amended as follows: 1743
43-21-801. (1) There is established the Youth Court Support 1744
Program. The purpose of the program shall be to ensure that all 1745
youth courts have sufficient support funds to carry on the 1746
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business of the youth court. The Administrative Office of Courts 1747
shall establish a formula consistent with this section for 1748
providing state support payable from the Youth Court Support Fund 1749
for the support of the youth courts. 1750
(a) (i) Each regular youth court referee is eligible 1751
for youth court support funds so long as the senior chancellor 1752
does not elect to employ a youth court administrator as set forth 1753
in paragraph (b); a municipal youth court judge is also eligible. 1754
The Administrative Office of Courts shall direct any funds to the 1755
appropriate county or municipality. The funds shall be utilized 1756
to compensate an intake officer who shall be responsible for 1757
ensuring that all intake and case information for the Department 1758
of Human Services - Division of Youth Services, truancy matters, 1759
and the Department of Child Protection Services is entered into 1760
the Mississippi Youth Court Information Delivery System (MYCIDS) 1761
in an accurate and timely manner. If the court already has an 1762
intake officer responsible for entering all cases of the 1763
Department of Human Services - Division of Youth Services, truancy 1764
matters, and the Department of Child Protection Services into 1765
MYCIDS, the regular youth court referee or municipal court judge 1766
may certify to the Administrative Office of Courts that such a 1767
person is already on staff. In such a case, each regular youth 1768
court referee or municipal youth court judge shall have the sole 1769
individual discretion to appropriate those funds as expense monies 1770
to assist in hiring secretarial staff and acquiring materials and 1771
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equipment incidental to carrying on the business of the court 1772
within the private practice of law of the referee or judge, or may 1773
direct the use of those funds through the county or municipal 1774
budget for court support supplies or services. The regular youth 1775
court referee and municipal youth court judge shall be accountable 1776
for assuring through private, county or municipal employees the 1777
proper preparation and filing of all necessary tracking and other 1778
documentation attendant to the administration of the youth court. 1779
(ii) Title to all tangible property, excepting 1780
stamps, stationery and minor expendable office supplies, procured 1781
with funds authorized by this section, shall be and forever remain 1782
in the county or municipality to be used by the judge or referee 1783
during the term of his office and thereafter by his successors. 1784
(b) (i) When permitted by the Administrative Office of 1785
Courts and as funds are available, the senior chancellor for 1786
Chancery Districts One, Two, Three, Four, Six, Seven, Nine, Ten, 1787
Thirteen, Fourteen, Fifteen and Eighteen may appoint a youth court 1788
administrator for the district whose responsibility will be to 1789
perform all reporting, tracking and other duties of a court 1790
administrator for all youth courts in the district that are under 1791
the chancery court system. Any chancery district listed in this 1792
paragraph in which a chancellor appoints a referee or special 1793
master to hear any youth court matter is ineligible for funding 1794
under this paragraph (b). The Administrative Office of Courts may 1795
allocate to an eligible chancery district a sum not to exceed 1796
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Thirty Thousand Dollars ($30,000.00) per year for the salary, 1797
fringe benefits and equipment of the youth court administrator, 1798
and an additional sum not to exceed One Thousand Nine Hundred 1799
Dollars ($1,900.00) for the administrator's travel expenses. 1800
(ii) The appointment of a youth court 1801
administrator shall be evidenced by the entry of an order on the 1802
minutes of the court. The person appointed shall serve at the 1803
will and pleasure of the senior chancellor but shall be an 1804
employee of the Administrative Office of Courts. 1805
(iii) The Administrative Office of Courts must 1806
approve the position, job description and salary before the 1807
position can be filled. The Administrative Office of Courts shall 1808
not approve any plan that does not first require the expenditure 1809
of the funds from the Youth Court Support Fund before expenditure 1810
of county funds is authorized for that purpose. 1811
(iv) Title to any tangible property procured with 1812
funds authorized under this paragraph shall be and forever remain 1813
in the State of Mississippi. 1814
(c) (i) Each county court is eligible for youth court 1815
support funds. The funds shall be utilized to provide 1816
compensation to an intake officer who shall be responsible for 1817
ensuring that all intake and case information for the Department 1818
of Human Services - Division of Youth Services, truancy matters, 1819
and the Department of Child Protection Services is entered into 1820
the Mississippi Youth Court Information Delivery System (MYCIDS) 1821
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in an accurate and timely manner. If the county court already has 1822
an intake officer or other staff person responsible for entering 1823
all cases of the Department of Human Services - Division of Youth 1824
Services, truancy matters and the Department of Child Protection 1825
Services into MYCIDS, the senior county court judge may certify 1826
that such a person is already on staff. In such a case, the 1827
senior county court judge shall have discretion to direct the 1828
expenditure of those funds in hiring other support staff to carry 1829
on the business of the court. 1830
(ii) For the purposes of this paragraph, "support 1831
staff" means court administrators, law clerks, legal research 1832
assistants, secretaries, resource administrators or case managers 1833
appointed by a youth court judge, or any combination thereof, but 1834
shall not mean school attendance officers. 1835
(iii) The appointment of support staff shall be 1836
evidenced by the entry of an order on the minutes of the court. 1837
The support staff so appointed shall serve at the will and 1838
pleasure of the senior county court judge but shall be an employee 1839
of the county. 1840
(iv) The Administrative Office of Courts must 1841
approve the positions, job descriptions and salaries before the 1842
positions may be filled. The Administrative Office of Courts 1843
shall not approve any plan that does not first require the 1844
expenditure of funds from the Youth Court Support Fund before 1845
expenditure of county funds is authorized for that purpose. 1846
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establish.
(v) The Administrative Office of Courts may 1847
approve expenditure from the fund for additional equipment for 1848
support staff appointed pursuant to this paragraph if the 1849
additional expenditure falls within the formula. Title to any 1850
tangible property procured with funds authorized under this 1851
paragraph shall be and forever remain in the county to be used by 1852
the youth court and support staff. 1853
(2) (a) (i) The formula developed by the Administrative 1854
Office of Courts for providing youth court support funds shall be 1855
devised so as to distribute appropriated funds proportional to 1856
caseload and other appropriate factors as set forth in regulations 1857
promulgated by the Administrative Office of Courts. The formula 1858
will determine a reasonable maximum amount per judge or referee 1859
per annum that will not be exceeded in allocating funds under this 1860
section. 1861
(ii) The formula shall be reviewed by the 1862
Administrative Office of Courts every two (2) years to ensure that 1863
the youth court support funds provided herein are proportional to 1864
each youth court's caseload and other specified factors. 1865
(iii) The Administrative Office of Courts shall 1866
have wide latitude in the first two-year cycle to implement a 1867
formula designed to maximize caseload data collection. 1868
(b) Application to receive funds under this section 1869
shall be submitted in accordance with procedures established by 1870
the Administrative Office of Courts. 1871
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(c) Approval of the use of any of the youth court 1872
support funds distributed under this section shall be made by the 1873
Administrative Office of Courts in accordance with procedures 1874
established by the Administrative Office of Courts. 1875
(3) (a) There is created in the State Treasury a special 1876
fund to be designated as the "Youth Court Support Fund," which 1877
shall consist of funds appropriated or otherwise made available by 1878
the Legislature in any manner and funds from any other source 1879
designated for deposit into such fund. Unexpended amounts 1880
remaining in the fund at the end of a fiscal year shall not lapse 1881
into the State General Fund, and any investment earnings or 1882
interest earned on amounts in the fund shall be deposited to the 1883
credit of the fund. Monies in the fund shall be distributed to 1884
the youth courts by the Administrative Office of Courts for the 1885
purposes described in this section. 1886
(b) (i) During the regular legislative session held in 1887
calendar year * * * 2026, the Legislature may appropriate an 1888
amount not to exceed * * * Seven Million Dollars ($7,000,000.00) 1889
to the Youth Court Support Fund. 1890
(ii) During each regular legislative session 1891
subsequent to the * * * 2026 Regular Session, the Legislature 1892
shall appropriate * * * Seven Million Dollars ($7,000,000.00) to 1893
the Youth Court Support Fund. 1894
(c) No youth court judge or youth court referee shall 1895
be eligible to receive funding from the Youth Court Support Fund 1896
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who has not received annual continuing education in the field of 1897
juvenile justice in an amount to conform with the requirements of 1898
the Rules and Regulations for Mandatory Continuing Judicial 1899
Education promulgated by the Supreme Court or received at least 1900
one (1) hour of annual continuing education concerning oversight 1901
of youth court intake officers and MYCIDS. The Administrative 1902
Office of Courts shall maintain records of all referees and youth 1903
court judges regarding such training and shall not disburse funds 1904
to any county or municipality for the budget of a youth court 1905
judge or referee who is not in compliance with the judicial 1906
training requirements. 1907
(4) Any recipient of funds from the Youth Court Support Fund 1908
shall not be eligible for continuing disbursement of funds if the 1909
recipient is not in compliance with the terms, conditions and 1910
reporting requirements set forth in the procedures promulgated by 1911
the Administrative Office of Courts. 1912
(5) The provisions of this section shall stand repealed on 1913
July 1, 2026. 1914
SECTION 32. Section 9-5-1, Mississippi Code of 1972, is 1915
brought forward as follows: 1916
9-5-1. A chancellor shall be elected for and from each of 1917
the chancery court districts as provided in this chapter and the 1918
listing of individual counties and precincts shall be those 1919
counties and precincts as they existed on July 1, 2025. He shall 1920
hold court in any other district with the consent of the 1921
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chancellor thereof when in their opinion the public interest may 1922
be thereby promoted. The terms of all chancellors elected at the 1923
regular election for the year 1930 shall begin on the first day of 1924
January, 1931, and their terms of office shall continue for four 1925
(4) years. A chancellor shall be a resident of the district in 1926
which he serves by the date on which the person qualifies as a 1927
candidate for the judicial office but shall not be required to be 1928
a resident of a subdistrict if the district is divided into 1929
subdistricts. 1930
SECTION 33. Section 9-5-3, Mississippi Code of 1972, is 1931
brought forward as follows: 1932
9-5-3. (1) The state shall be divided into an appropriate 1933
number of chancery court districts, severally numbered and 1934
composed of the counties as set forth in the sections which 1935
follow. A court to be styled "The Chancery Court of the County of 1936
____" shall be held in each county, and within each judicial 1937
district of a county having two (2) judicial districts, at least 1938
twice a year. Court shall be held in chancery court districts 1939
consisting of a single county on the same dates state agencies and 1940
political subdivisions are open for business excluding legal 1941
holidays. The dates upon which terms shall commence and the 1942
number of days for which terms shall continue in chancery court 1943
districts consisting of more than one (1) county shall be set by 1944
order of the chancellor in accordance with the provisions of 1945
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subsection (2) of this section. A matter in court may extend past 1946
a term if the interest of justice so requires. 1947
(2) An order establishing the commencement and continuation 1948
of terms of court for each of the counties within a chancery court 1949
district consisting of more than one (1) county shall be entered 1950
annually and not later than October 1 of the year immediately 1951
preceding the calendar year for which the terms of court are to 1952
become effective. Notice of the dates upon which terms of court 1953
shall commence and the number of days for which the terms shall 1954
continue in each of the counties within a chancery court district 1955
shall be posted in the office of the chancery clerk of each county 1956
within the district and mailed to the office of the Secretary of 1957
State for publication and distribution to all Mississippi Bar 1958
members. If an order is not timely entered, the terms of court 1959
for each of the counties within the chancery court district shall 1960
remain unchanged for the next calendar year. 1961
(3) The number of chancellorships for each chancery court 1962
district shall be determined by the Legislature based upon the 1963
following criteria: 1964
(a) The population of the district; 1965
(b) The number of cases filed in the district; 1966
(c) The caseload of each chancellor in the district; 1967
(d) The geographic area of the district; 1968
(e) An analysis of the needs of the district by the 1969
court personnel of the district; and 1970
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(f) Any other appropriate criteria, as determined by 1971
the Legislature. 1972
(4) The Judicial College of the University of Mississippi 1973
Law Center and the Administrative Office of Courts shall determine 1974
the appropriate: 1975
(a) Specific data to be collected as a basis for 1976
applying the above criteria; 1977
(b) Method of collecting and maintaining the specified 1978
data; and 1979
(c) Method of assimilating the specified data. 1980
(5) In a district having more than one (1) office of 1981
chancellor, there shall be no distinction whatsoever in the 1982
powers, duties and emoluments of those offices except that the 1983
chancellor who has been for the longest time continuously a 1984
chancellor of that court or, should no chancellor have served 1985
longer in office than the others, the chancellor who has been for 1986
the longest time a member of The Mississippi Bar shall be the 1987
senior chancellor. The senior chancellor shall have the right to 1988
assign causes and dockets and to set terms in districts consisting 1989
of more than one (1) county. 1990
SECTION 34. Section 9-5-5, Mississippi Code of 1972, is 1991
brought forward as follows: 1992
9-5-5. The First Chancery Court District is composed of the 1993
following counties: 1994
(a) Alcorn County; 1995
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(b) Itawamba County; 1996
(c) Lee County; 1997
(d) Monroe County; 1998
(e) Pontotoc County; 1999
(f) Prentiss County; 2000
(g) Tishomingo County; and 2001
(h) Union County. 2002
SECTION 35. Section 9-5-7, Mississippi Code of 1972, is 2003
brought forward as follows: 2004
9-5-7. (1) There shall be four (4) chancellors for the 2005
First Chancery Court District. 2006
(2) The four (4) chancellorships shall be separate and 2007
distinct and denominated for purposes of appointment and election 2008
only as "Place One," "Place Two," "Place Three" and "Place Four." 2009
The chancellor to fill Place One must be a resident of Alcorn, 2010
Prentiss or Tishomingo County. The chancellors to fill Place Two 2011
and Place Three must reside in Itawamba, Lee, Monroe, Pontotoc or 2012
Union County. The chancellor to fill Place Four may be a resident 2013
of any county in the district. Election of the four (4) offices 2014
of chancellor shall be by election to be held in every county 2015
within the First Chancery Court District. 2016
SECTION 36. Section 9-5-9, Mississippi Code of 1972, is 2017
brought forward as follows: 2018
[Until January 1, 2027, this section shall read as follows:] 2019
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9-5-9. The Second Chancery Court District is composed of the 2020
following counties: 2021
(a) Jasper County; 2022
(b) Newton County; and 2023
(c) Scott County. 2024
[From and after January 1, 2027, this section shall read as 2025
follows:] 2026
9-5-9. (1) The Second Chancery Court District is composed 2027
of the following counties: 2028
(a) Covington County; 2029
(b) Jasper County; 2030
(c) Jefferson Davis County; 2031
(d) Newton County; 2032
(e) Simpson County; 2033
(f) Scott County; and 2034
(g) Smith County. 2035
(2) There shall be three (3) chancellors for the Second 2036
Chancery Court District. The three (3) chancellorships shall be 2037
separate and distinct and denominated for purposes of appointment 2038
and election only as "Place One," "Place Two" and "Place Three." 2039
The chancellor to fill Place One must reside in either Jasper 2040
County, Newton County or Scott County. The chancellor to fill 2041
Place Two must reside in either Covington County, Jefferson Davis 2042
County, Simpson County, or Smith County. The chancellor to fill 2043
Place Three may reside in any county in the district. 2044
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SECTION 37. Section 9-5-11, Mississippi Code of 1972, is 2045
brought forward as follows: 2046
[Until January 1, 2027, this section shall read as follows:] 2047
9-5-11. (1) The Third Chancery Court District is composed 2048
of the following counties: 2049
(a) DeSoto County; 2050
(b) Grenada County; 2051
(c) Montgomery County; 2052
(d) Panola County; 2053
(e) Tate County; and 2054
(f) Yalobusha County. 2055
(2) The Third Chancery Court District shall be divided into 2056
two (2) subdistricts as follows: 2057
(a) Subdistrict 3-1 shall consist of DeSoto County. 2058
(b) Subdistrict 3-2 shall consist of Grenada County, 2059
Montgomery County, Panola County, Tate County and Yalobusha 2060
County. 2061
[From and after January 1, 2027, this section shall read as 2062
follows:] 2063
9-5-11. The Third Chancery Court District is composed of the 2064
following counties: 2065
(a) Carroll County; 2066
(b) Grenada County; 2067
(c) Montgomery County; 2068
(d) Panola County; 2069
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(e) Tallahatchie County; 2070
(f) Tate County; and 2071
(g) Yalobusha County. 2072
SECTION 38. Section 9-5-13, Mississippi Code of 1972, is 2073
brought forward as follows: 2074
[Until January 1, 2027, this section shall read as follows:] 2075
9-5-13. (1) There shall be three (3) chancellors for the 2076
Third Chancery Court District. 2077
(2) (a) The chancellor of Subdistrict 3-1 shall be elected 2078
from DeSoto County. The two (2) chancellors of Subdistrict 3-2 2079
shall be elected from Grenada County, Montgomery County, Panola 2080
County, Tate County and Yalobusha County. 2081
(b) For purposes of appointment and election, the three 2082
(3) chancellorships shall be separate and distinct. The 2083
chancellorship in Subdistrict 3-1 shall be denominated only as 2084
"Place One," and the chancellorships in Subdistrict 3-2 shall be 2085
denominated only as "Place Two" and "Place Three." 2086
[From and after January 1, 2027, this section shall read as 2087
follows:] 2088
9-5-13. (1) There shall be two (2) chancellors for the 2089
Third Chancery Court District. 2090
(2) For purposes of appointment and election only, the two 2091
(2) chancellorships shall be separate and distinct and denominated 2092
as "Place One" and "Place Two." The chancellor of Place One must 2093
reside in Tate County, Panola County or Yalobusha County. The 2094
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chancellor of Place Two must reside in Carroll County, Grenada 2095
County, Montgomery County or Tallahatchie County. 2096
SECTION 39. Section 9-5-17, Mississippi Code of 1972, is 2097
brought forward as follows: 2098
[Until January 1, 2031, this section shall read as follows:] 2099
9-5-17. (1) The Fifth Chancery Court District is composed 2100
of Hinds County. 2101
(2) The Fifth Chancery Court District shall be divided into 2102
the following four (4) subdistricts: 2103
(a) Subdistrict 5-1 shall consist of the following 2104
precincts in Hinds County: 1, 2, 4, 6, 8, 9, 10, 32, 33, 34, 35, 2105
36, 44, 45, 46, 47, 72, 73, 74, 75, 76, 77, 78, 79, 92, 93, 96 and 2106
97. 2107
(b) Subdistrict 5-2 shall consist of the following 2108
precincts in Hinds County: 11, 12, 13, 14, 16, 17, 23, 27, 28, 2109
29, 30, 37, 38, 39, 40, 41, 42, 43, 80, 81, 82, 83, 84, 85, 2110
Brownsville, Cynthia, Pocahontas and Tinnin. 2111
(c) Subdistrict 5-3 shall consist of the following 2112
precincts in Hinds County: 18, 19, 20, 21, 22, 24, 25, 26, 31, 2113
49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 2114
67, 68, 69, 70, 71, 86 and 89. 2115
(d) Subdistrict 5-4 shall consist of the following 2116
precincts in Hinds County: 87, 88, 90, 91, 94, 95, Bolton, Byram 2117
1, Byram 2, Byram 3, Cayuga, Chapel Hill, Clinton 1, Clinton 2, 2118
Clinton 3, Clinton 4, Clinton 5, Clinton 6, Clinton 7, Dry Grove, 2119
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Edwards, Learned, Old Byram, Pinehaven, Raymond 1, Raymond 2, 2120
Spring Ridge, St. Thomas, Terry 1, Terry 2, Utica 1 and Utica 2. 2121
[From and after January 1, 2031, this section shall read as 2122
follows:] 2123
9-5-17. The Fifth Chancery Court District is composed of 2124
Hinds County. 2125
SECTION 40. Section 9-5-19, Mississippi Code of 1972, is 2126
brought forward as follows: 2127
[Until January 1, 2031, this section shall read as follows:] 2128
9-5-19. (1) There shall be four (4) chancellors for the 2129
Fifth Chancery Court District. One (1) chancellor shall be 2130
elected from each subdistrict. 2131
(2) While there shall be no limitation whatsoever upon the 2132
powers and duties of the said chancellors other than as cast upon 2133
them by the Constitution and laws of this state, the court in the 2134
First Judicial District of Hinds County, in the discretion of the 2135
senior chancellor, may be divided into four (4) divisions as a 2136
matter of convenience by the entry of an order upon the minutes of 2137
the court. 2138
[From and after January 1, 2031, this section shall read as 2139
follows:] 2140
9-5-19. (1) There shall be four (4) chancellors for the 2141
Fifth Chancery Court District. The four (4) chancellorships shall 2142
be separate and distinct and denominated for purposes of 2143
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appointment and election only as "Place One," "Place Two," "Place 2144
Three" and "Place Four." 2145
(2) While there shall be no limitation whatsoever upon the 2146
powers and duties of the said chancellors other than as cast upon 2147
them by the Constitution and laws of this state, the court in the 2148
First Judicial District of Hinds County, in the discretion of the 2149
senior chancellor, may be divided into four (4) divisions as a 2150
matter of convenience by the entry of an order upon the minutes of 2151
the court. 2152
SECTION 41. Section 9-5-21, Mississippi Code of 1972, is 2153
brought forward as follows: 2154
[Until January 1, 2027, this section shall read as follows:] 2155
9-5-21. The Sixth Chancery Court District is composed of the 2156
following counties: 2157
(a) Attala County; 2158
(b) Carroll County; 2159
(c) Choctaw County; 2160
(d) Kemper County; 2161
(e) Neshoba County; and 2162
(f) Winston County. 2163
[From and after January 1, 2027, this section shall read as 2164
follows:] 2165
9-5-21. The Sixth Chancery Court District is composed of the 2166
following counties: 2167
(a) Attala County; 2168
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(b) Choctaw County; 2169
(c) Kemper County; 2170
(d) Neshoba County; 2171
(e) Webster County; and 2172
(f) Winston County. 2173
SECTION 42. Section 9-5-22, Mississippi Code of 1972, is 2174
brought forward as follows: 2175
[Until January 1, 2027, this section shall read as follows:] 2176
9-5-22. (1) There shall be two (2) chancellors for the 2177
Sixth Chancery Court District. 2178
(2) The two (2) chancellorships shall be separate and 2179
distinct and denominated for purposes of appointment and election 2180
only as "Place One" and "Place Two." 2181
[From and after January 1, 2027, this section shall read as 2182
follows:] 2183
9-5-22. (1) There shall be two (2) chancellors for the 2184
Sixth Chancery Court District. 2185
(2) The two (2) chancellorships shall be separate and 2186
distinct and denominated for purposes of appointment and election 2187
only as "Place One" and "Place Two." The chancellor for "Place 2188
One" must reside in Attala County, Choctaw County or Webster 2189
County. The chancellor for "Place Two" must reside in Winston 2190
County, Neshoba County or Kemper County. 2191
SECTION 43. Section 9-5-23, Mississippi Code of 1972, is 2192
brought forward as follows: 2193
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[Until January 1, 2027, this section shall read as follows:] 2194
9-5-23. (1) The Seventh Chancery Court District is composed 2195
of the following counties: 2196
(a) Bolivar County; 2197
(b) Coahoma County; 2198
(c) Leflore County; 2199
(d) Quitman County; 2200
(e) Tallahatchie County; and 2201
(f) Tunica County. 2202
(2) The Seventh Chancery Court District shall be divided 2203
into two (2) subdistricts as follows: 2204
(a) Subdistrict 7-1 shall consist of Bolivar County and 2205
Coahoma County; 2206
(b) Subdistrict 7-2 shall consist of Leflore County, 2207
Quitman County, Tallahatchie County and Tunica County. 2208
[From and after January 1, 2027, this section shall read as 2209
follows:] 2210
9-5-23. (1) The Seventh Chancery Court District is composed 2211
of the following counties: 2212
(a) Bolivar County; 2213
(b) Coahoma County; 2214
(c) Leflore County; 2215
(d) Quitman County; 2216
(e) Sunflower County; and 2217
(f) Tunica County. 2218
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(2) The Seventh Chancery Court District shall be divided 2219
into two (2) subdistricts as follows: 2220
(a) Subdistrict 7-1 shall consist of Bolivar County, 2221
Tunica County, Quitman County, and Coahoma County; 2222
(b) Subdistrict 7-2 shall consist of Leflore County and 2223
Sunflower County. 2224
SECTION 44. Section 9-5-25, Mississippi Code of 1972, is 2225
brought forward as follows: 2226
[Until January 1, 2027, this section shall read as follows:] 2227
9-5-25. There shall be three (3) chancellors for the Seventh 2228
Chancery Court District. The three (3) chancellorships shall be 2229
separate and distinct. One (1) chancellor shall be elected from 2230
Subdistrict 7-1 and shall be denominated for purposes of 2231
appointment and election only as "Place One," and two (2) 2232
chancellors shall be elected from Subdistrict 7-2 and shall be 2233
denominated for purposes of appointment and election only as 2234
"Place Two" and "Place Three." 2235
[From and after January 1, 2027, this section shall read as 2236
follows:] 2237
9-5-25. There shall be two (2) chancellors for the Seventh 2238
Chancery Court District. The two (2) chancellorships shall be 2239
separate and distinct. One (1) chancellor shall be elected from 2240
each subdistrict. 2241
SECTION 45. Section 9-5-27, Mississippi Code of 1972, is 2242
brought forward as follows: 2243
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[Until January 1, 2027, this section shall read as follows:] 2244
9-5-27. The Eighth Chancery Court District is composed of 2245
the following counties: 2246
(a) Hancock County; 2247
(b) Harrison County; and 2248
(c) Stone County. 2249
[From and after January 1, 2027, this section shall read as 2250
follows:] 2251
9-5-27. The Eighth Chancery Court District is composed of 2252
the following counties: 2253
(a) Hancock County; and 2254
(b) Harrison County. 2255
SECTION 46. Section 9-5-29, Mississippi Code of 1972, is 2256
brought forward as follows: 2257
9-5-29. (1) There shall be four (4) chancellors for the 2258
Eighth Chancery Court District. 2259
(2) The four (4) chancellorships shall be separate and 2260
distinct and denominated for purposes of appointment and election 2261
only as "Place One," "Place Two," "Place Three" and "Place Four." 2262
(3) While there shall be no limitation whatsoever upon the 2263
powers and duties of the chancellors other than as cast upon them 2264
by the Constitution and laws of this state, the court in the 2265
Eighth Chancery Court District, in the discretion of the senior 2266
chancellor, may be divided into four (4) divisions as a matter of 2267
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convenience by the entry of an order upon the minutes of the 2268
court. 2269
SECTION 47. Section 9-5-31, Mississippi Code of 1972, is 2270
brought forward as follows: 2271
[Until January 1, 2027, this section shall read as follows:] 2272
9-5-31. (1) The Ninth Chancery Court District is composed 2273
of the following counties: 2274
(a) Humphreys County; 2275
(b) Issaquena County; 2276
(c) Sharkey County; 2277
(d) Sunflower County; 2278
(e) Warren County; and 2279
(f) Washington County. 2280
(2) The Ninth Chancery Court District shall be divided into 2281
three (3) subdistricts as follows: 2282
(a) Subdistrict 9-1 shall consist of the following 2283
precincts in the following counties: 2284
(i) Sunflower County: Boyer-Linn, Drew, 2285
Fairview-Hale, Indianola 2 East*, Indianola 3 North*, Indianola 3 2286
Northeast*, Indianola 3 South*, Rome, Ruleville, Ruleville North 2287
and Sunflower Plantation; and 2288
(ii) Washington County: American Legion, Brent 2289
Center, Buster Brown Community Center, Darlove Baptist Church*, 2290
Elks Club, Extension Building, Grace Methodist Church*, Greenville 2291
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Industrial College, Leland Health Department Clinic, Leland Rotary 2292
Club, Metcalf City Hall and Potter House Church. 2293
(b) Subdistrict 9-2 shall consist of Humphreys County 2294
and the following precincts in the following counties: 2295
(i) Sunflower County: Doddsville, Indianola 2 2296
East*, Indianola 2 West, Indianola 3 North*, Indianola 3 2297
Northeast*, Indianola 3 South*, Indianola Southeast, Inverness, 2298
Moorhead, Sunflower 3 and Sunflower 4; and 2299
(ii) Washington County: Arcola City Hall, Christ 2300
Wesleyan Methodist Church, Darlove Baptist Church*, Glen Allan 2301
Health Clinic, Grace Methodist Church*, Hollandale City Hall, St. 2302
James Episcopal Church, Swiftwater Baptist Church, Tampa Drive and 2303
Ward's Recreation Center. 2304
(c) Subdistrict 9-3 shall consist of Issaquena County, 2305
Sharkey County and Warren County. 2306
[From and after January 1, 2027, this section shall read as 2307
follows:] 2308
9-5-31. (1) The Ninth Chancery Court District is composed 2309
of the following counties: 2310
(a) Humphreys County; 2311
(b) Issaquena County; 2312
(c) Sharkey County; 2313
(d) Warren County; and 2314
(e) Washington County. 2315
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(2) The Ninth Chancery Court District shall be divided into 2316
two (2) subdistricts as follows: 2317
(a) Subdistrict 9-1 shall consist of Washington County 2318
and Humphreys County; and 2319
(b) Subdistrict 9-2 shall consist of Issaquena County, 2320
Sharkey County and Warren County. 2321
SECTION 48. Section 9-5-33, Mississippi Code of 1972, is 2322
brought forward as follows: 2323
[Until January 1, 2027, this section shall read as follows:] 2324
9-5-33. There shall be three (3) chancellors for the Ninth 2325
Chancery Court District. One (1) chancellor shall be elected from 2326
each subdistrict. 2327
[From and after January 1, 2027, this section shall read as 2328
follows:] 2329
9-5-33. There shall be two (2) chancellors for the Ninth 2330
Chancery Court District. One (1) chancellor shall be elected from 2331
each subdistrict. 2332
SECTION 49. Section 9-5-35, Mississippi Code of 1972, is 2333
brought forward as follows: 2334
[Until January 1, 2027, this section shall read as follows:] 2335
9-5-35. The Tenth Chancery Court District is composed of the 2336
following counties: 2337
(a) Forrest County; 2338
(b) Lamar County; 2339
(c) Marion County; 2340
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(d) Pearl River County; and 2341
(e) Perry County. 2342
[From and after January 1, 2027, this section shall read as 2343
follows:] 2344
9-5-35. The Tenth Chancery Court District is composed of the 2345
following counties: 2346
(a) Lamar County; 2347
(b) Marion County; 2348
(c) Pearl River County; and 2349
(d) Walthall County. 2350
SECTION 50. Section 9-5-36, Mississippi Code of 1972, is 2351
brought forward as follows: 2352
[Until January 1, 2027, this section shall read as follows:] 2353
9-5-36. (1) There shall be four (4) chancellors for the 2354
Tenth Chancery Court District. 2355
(2) The four (4) chancellorships shall be separate and 2356
distinct and denominated for purposes of appointment and election 2357
only as "Place One," "Place Two," "Place Three" and "Place Four." 2358
The chancellor to fill Place One and Place Four may be a resident 2359
of any county in the district. The chancellor to fill Place Two 2360
must be a resident of Lamar, Marion, Pearl River or Perry County. 2361
The chancellor to fill Place Three must be a resident of Forrest 2362
County. Election of the four (4) offices of chancellor shall be 2363
by election to be held in every county within the Tenth Chancery 2364
Court District. 2365
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[From and after January 1, 2027, this section shall read as 2366
follows:] 2367
9-5-36. (1) There shall be four (4) chancellors for the 2368
Tenth Chancery Court District. 2369
(2) The four (4) chancellorships shall be separate and 2370
distinct and denominated for purposes of appointment and election 2371
only as "Place One," "Place Two," "Place Three" and "Place Four." 2372
The chancellor to fill Place One and Place Four may be a resident 2373
of any county in the district. The chancellor to fill Place Two 2374
must be a resident of Lamar County. The chancellor to fill Place 2375
Three must be a resident of Pearl River County. 2376
(3) While there shall be no limitation whatsoever upon the 2377
powers and duties of the chancellors other than as cast upon them 2378
by the Constitution and laws of this state, the court in the Tenth 2379
Chancery Court District, in the discretion of the senior 2380
chancellor, may be divided into separate divisions for the 2381
efficient handling of cases based on subject matter, judicial 2382
economy, or other factors by entry of an order upon the minutes. 2383
SECTION 51. Section 9-5-37, Mississippi Code of 1972, is 2384
brought forward as follows: 2385
9-5-37. (1) The Eleventh Chancery Court District is 2386
composed of the following counties: 2387
(a) Holmes County; 2388
(b) Leake County; 2389
(c) Madison County; and 2390
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(d) Yazoo County. 2391
(2) The Eleventh Chancery Court District shall be divided 2392
into two (2) subdistricts as follows: 2393
(a) Subdistrict 11-1 shall consist of Holmes County, 2394
Yazoo County and the following precincts in Madison County: 2395
Anderson Lodge, Canton Bible Church, Canton Community Center, 2396
Ferns Chapel Freewill, Frankin Baptist Church, Madison County 2397
Baptist Family Life Center and Magnolia Heights; 2398
(b) Subdistrict 11-2 shall consist of Leake County and 2399
the following precincts in Madison County: Camden, Cameron, First 2400
Presbyterian, Canton Catholic Parish Center, Canton Fire Station 2401
#4, Canton National Guard Amory, Canton South Liberty, Canton St. 2402
Paul Methodist, Cedar Grove, China Grove, Colonial Heights, 2403
Couparle, Farmhaven Fire Station, Fellowship Bible Church, First 2404
Baptist, Gluckstadt, Grace Crossing, Greater Mt. Levi Church, 2405
Highland Colony Baptist Church, Lake Caroline Clubhouse, Mark 2406
Apartments, Mount Hope, New Life, North Bay, Parkway Church, 2407
Pleasant Gift Church, Pleasant Green, Ridgeland First Methodist 2408
Church, Ridgeland Recreational Center, Sunnybrook, Tougaloo, Trace 2409
Ridge, Twin Lakes Baptist, Vertical Church, Victory Baptist Church 2410
and Victory Christian. 2411
SECTION 52. Section 9-5-38, Mississippi Code of 1972, is 2412
brought forward as follows: 2413
9-5-38. There shall be three (3) chancellors for the 2414
Eleventh Chancery Court District. The three (3) chancellorships 2415
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shall be separate and distinct. One (1) chancellor shall be 2416
elected from Subdistrict 11-1 and denominated for purposes of 2417
appointment and election only as "Place One," one (1) chancellor 2418
shall be elected from Subdistrict 11-2 and denominated for 2419
purposes of appointment and election only as "Place Two," and one 2420
(1) chancellor shall be elected at large from the entire Eleventh 2421
Chancery Court District and denominated for purposes of 2422
appointment and election only as "Place Three." 2423
SECTION 53. Section 9-5-39, Mississippi Code of 1972, is 2424
brought forward as follows: 2425
9-5-39. The Twelfth Chancery Court District is composed of 2426
the following counties: 2427
(a) Clarke County; and 2428
(b) Lauderdale County. 2429
SECTION 54. Section 9-5-40, Mississippi Code of 1972, is 2430
brought forward as follows: 2431
9-5-40. (1) There shall be two (2) judges for the Twelfth 2432
Chancery Court District. 2433
(2) The two (2) chancellorships shall be separate and 2434
distinct and denominated for purposes of appointment and election 2435
only as "Place One" and "Place Two." 2436
SECTION 55. Section 9-5-41, Mississippi Code of 1972, is 2437
brought forward as follows: 2438
[Until January 1, 2027, this section shall read as follows:] 2439
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9-5-41. (1) The Thirteenth Chancery Court District is 2440
composed of the following counties: 2441
(a) Covington County; 2442
(b) Jefferson Davis County; 2443
(c) Lawrence County; 2444
(d) Simpson County; and 2445
(e) Smith County. 2446
(2) There shall be two (2) chancellors for the Thirteenth 2447
Chancery Court District. The two (2) chancellorships shall be 2448
separate and distinct and denominated for purposes of appointment 2449
and election only as "Place One" and "Place Two." 2450
[From and after January 1, 2027, this section shall read as 2451
follows:] 2452
9-5-41. (1) The Thirteenth Chancery Court District is 2453
composed of the following counties: 2454
(a) Forrest County; 2455
(b) Perry County; and 2456
(c) Stone County. 2457
(2) There shall be two (2) chancellors for the Thirteenth 2458
Chancery Court District. The two (2) chancellorships shall be 2459
separate and distinct and denominated for purposes of appointment 2460
and election only as "Place One" and "Place Two." 2461
SECTION 56. Section 9-5-43, Mississippi Code of 1972, is 2462
brought forward as follows: 2463
[Until January 1, 2027, this section shall read as follows:] 2464
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9-5-43. (1) The Fourteenth Chancery Court District is 2465
composed of the following counties: 2466
(a) Chickasaw County; 2467
(b) Clay County; 2468
(c) Lowndes County; 2469
(d) Noxubee County; 2470
(e) Oktibbeha County; and 2471
(f) Webster County. 2472
(2) The Fourteenth Chancery Court District shall be divided 2473
into three (3) subdistricts as follows: 2474
(a) Subdistrict 14-1 shall consist of Chickasaw County, 2475
Webster County and the following precincts in Oktibbeha County: 2476
Bell Schoolhouse*, Bradley, Center Grove, Central Starkville*, 2477
Craig Springs, Double Springs, East Starkville*, Gillespie Street 2478
Center*, Maben, North Adaton, North Longview, North Starkville 2*, 2479
North Starkville 3, Northeast Starkville, Self Creek, South 2480
Adaton, South Longview, South Starkville*, Sturgis and West 2481
Starkville*. 2482
(b) Subdistrict 14-2 shall consist of the following 2483
precincts in the following counties: 2484
(i) Clay County: Cedar Bluff, Central West Point, 2485
East West Point, Siloam, South West Point and Vinton; and 2486
(ii) Lowndes County: Air Base A, Air Base B, Air 2487
Base C, Air Base D, Air Base E, Brandon A, Brandon B, Brandon C, 2488
Brandon D, Caledonia, Columbus High School A, Columbus High School 2489
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B, Columbus High School C, Columbus High School D, Dowdle Gas 2490
Training Center B, Fairgrounds C, Fairgrounds E, Fairgrounds F, 2491
Hunt C, Lee Middle School, Mitchell A, New Hope A, New Hope B, New 2492
Hope C, New Hope D, New Hope E, Rural Hill A, Rural Hill B, Rural 2493
Hill C, Sale A, Sale B, Sale C, Steens A, Steens B, Steens C, 2494
Trinity B, Union Academy B, Union Academy C and University A. 2495
(c) Subdistrict 14-3 shall consist of Noxubee County 2496
and the following precincts in the following counties: 2497
(i) Clay County: Cairo, Caradine, North West 2498
Point, Pheba, Pine Bluff, Tibbee, Union Star and West West Point; 2499
(ii) Lowndes County: Artesia, Coleman A, Coleman 2500
B, Crawford A, Fairgrounds A, Fairgrounds B, Fairgrounds D, 2501
Fairgrounds G, Hunt A, Hunt B, Mitchell B, New Hope F, Plum Grove 2502
A, Plum Grove B, Plum Grove C, Propst Park Community Hut, Trinity 2503
A, Union Academy A, University B, West Lowndes A and West Lowndes 2504
B; and 2505
(iii) Oktibbeha County: Bell Schoolhouse*, 2506
Central Starkville*, East Starkville*, Gillespie Street Center*, 2507
Hickory Grove, North Starkville 2*, Oktoc, Osborn, Sessums, South 2508
Starkville*, Southeast Oktibbeha and West Starkville*. 2509
[From and after January 1, 2027, this section shall read as 2510
follows:] 2511
9-5-43. (1) The Fourteenth Chancery Court District is 2512
composed of the following counties: 2513
(a) Chickasaw County; 2514
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(b) Clay County; 2515
(c) Lowndes County; 2516
(d) Noxubee County; and 2517
(e) Oktibbeha County. 2518
(2) The Fourteenth Chancery Court District shall be divided 2519
into three (3) subdistricts as follows: 2520
(a) Subdistrict 14-1 shall consist of Chickasaw County 2521
and the following precincts in: 2522
(i) Oktibbeha County: Center Grove/North Adaton, 2523
Central Starkville, Craig Springs/South Bradley, East Starkville*, 2524
Hickory Grove/Southeast Oktibbeha*, Maben, Needmore Voting 2525
District*, North Longview, North Starkville 2*, North Starkville 2526
3, Self Creek/Double Springs, South Adaton, South Longview, South 2527
Starkville*, Sturgis/North Bradley and West Starkville*; and 2528
(ii) Clay County: Pheba* and Pine Bluff. 2529
(b) Subdistrict 14-2 shall consist of the following 2530
precincts in the following counties: 2531
(i) Clay County: Cedar Bluff, Central West Point, 2532
East West Point, Siloam, South West Point and Vinton; and 2533
(ii) Lowndes County: Air Base, Brandon, 2534
Caledonia, East Columbus Gym, First Assembly, Immanuel, New Hope, 2535
Plum Grove*, Rural Hill, Southside Church*, Steens, Townsend Park, 2536
Trinity and University. 2537
(c) Subdistrict 14-3 shall consist of Noxubee County 2538
and the following precincts in the following counties: 2539
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(i) Clay County: Cairo, Caradine, North West 2540
Point, Pheba*, Tibbee, Union Star and West West Point; 2541
(ii) Lowndes County: 15th Street Church, Artesia, 2542
Coleman, Crawford, Hunt, Plum Grove*, Southside Church* and West 2543
Lowndes; and 2544
(iii) Oktibbeha County: Bell Schoolhouse, Central 2545
Starkville*, East Starkville*, Hickory Grove/Southeast Oktibbeha*, 2546
Needmore Voting District, North Starkville 2*, Oktoc, Osborn, 2547
Sessums, South Starkville* and West Starkville*. 2548
SECTION 57. Section 9-5-45, Mississippi Code of 1972, is 2549
brought forward as follows: 2550
9-5-45. There shall be three (3) chancellors for the 2551
Fourteenth Chancery Court District. One (1) chancellor shall be 2552
elected from each subdistrict. 2553
SECTION 58. Section 9-5-47, Mississippi Code of 1972, is 2554
brought forward as follows: 2555
[Until January 1, 2027, this section shall read as follows:] 2556
9-5-47. The Fifteenth Chancery Court District is composed of 2557
the following counties: 2558
(a) Copiah County; and 2559
(b) Lincoln County. 2560
[From and after January 1, 2027, this section shall read as 2561
follows:] 2562
9-5-47. (1) The Fifteenth Chancery Court District is 2563
composed of the following counties: 2564
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(a) Claiborne County; 2565
(b) Copiah County; 2566
(c) Lawrence County; and 2567
(d) Lincoln County. 2568
(2) There shall be two (2) chancellors for the Fifteenth 2569
Chancery Court District. The two (2) chancellorships shall be 2570
separate and distinct and denominated for purposes of appointment 2571
and election only as "Place One" and "Place Two." 2572
SECTION 59. Section 9-5-49, Mississippi Code of 1972, is 2573
brought forward as follows: 2574
[Until January 1, 2027, this section shall read as follows:] 2575
9-5-49. (1) The Sixteenth Chancery Court District is 2576
composed of the following counties: 2577
(a) George County; 2578
(b) Greene County; and 2579
(c) Jackson County. 2580
(2) The local contributions required for the maintenance of 2581
the Sixteenth Chancery Court District shall be paid on a pro rata 2582
basis by each county in the district based on the proportion of 2583
that county's population to the district as a whole according to 2584
the most recent federal decennial census. The amount of the local 2585
contributions under this subsection (2) shall be determined by the 2586
Jackson County Board of Supervisors to be ordered by the senior 2587
chancellor of the Sixteenth Chancery Court District. 2588
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[From January 1, 2027, and until January 1, 2031, this 2589
section shall read as follows:] 2590
9-5-49. (1) The Sixteenth Chancery Court District is 2591
composed of the following counties: 2592
(a) George County; and 2593
(b) Jackson County. 2594
(2) The local contributions required for the maintenance of 2595
the Sixteenth Chancery Court District shall be paid on a pro rata 2596
basis by each county in the district based on the proportion of 2597
that county's population to the district as a whole according to 2598
the most recent federal decennial census. The amount of the local 2599
contributions under this subsection (2) shall be determined by the 2600
Jackson County Board of Supervisors to be ordered by the senior 2601
chancellor of the Sixteenth Chancery Court District. 2602
[From and after January 1, 2031, this section shall read as 2603
follows:] 2604
9-5-49. The Sixteenth Chancery Court District shall be 2605
Jackson County. 2606
SECTION 60. Section 9-5-50, Mississippi Code of 1972, is 2607
brought forward as follows: 2608
[Until January 1, 2027, this section shall read as follows:] 2609
9-5-50. (1) There shall be three (3) chancellors for the 2610
Sixteenth Chancery Court District. 2611
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(2) The three (3) chancellorships shall be separate and 2612
distinct and denominated for purposes of appointment and election 2613
only as "Place One," "Place Two" and "Place Three." 2614
[From and after January 1, 2027, this section shall read as 2615
follows:] 2616
9-5-50. (1) There shall be four (4) chancellors for the 2617
Sixteenth Chancery Court District. 2618
(2) The four (4) chancellorships shall be separate and 2619
distinct and denominated for purposes of appointment and election 2620
only as "Place One," "Place Two," "Place Three" and "Place Four." 2621
SECTION 61. Section 9-5-51, Mississippi Code of 1972, is 2622
brought forward as follows: 2623
[Until January 1, 2027, this section shall read as follows:] 2624
9-5-51. (1) The Seventeenth Chancery Court District is 2625
composed of the following counties: 2626
(a) Adams County; 2627
(b) Claiborne County; 2628
(c) Jefferson County; and 2629
(d) Wilkinson County. 2630
(2) The Seventeenth Chancery Court District shall be divided 2631
into two (2) subdistricts as follows: 2632
(a) Subdistrict 17-1 shall consist of Claiborne County, 2633
Jefferson County, and the following precincts in Adams County: 2634
Airport Carpenter*, Convention Center*, Foster Mound, Maryland*, 2635
Northside School, Palestine, Pine Ridge, Thompson and Washington*. 2636
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(b) Subdistrict 17-2 shall consist of Wilkinson County 2637
and the following precincts in Adams County: Beau Pre, Bellemont, 2638
By-Pass Fire Station, Carpenter*, Concord, Convention Center*, 2639
Courthouse, Duncan Park, Kingston, Liberty Park, Maryland*, 2640
Morgantown, Oakland and Washington*. 2641
(3) There shall be two (2) chancellors for the Seventeenth 2642
Chancery Court District. One (1) chancellor shall be elected from 2643
each subdistrict. 2644
[From and after January 1, 2027, this section shall read as 2645
follows:] 2646
9-5-51. (1) The Seventeenth Chancery Court District is 2647
composed of DeSoto County. 2648
(2) There shall be three (3) chancellors for the Seventeenth 2649
Chancery Court District. The chancellorships shall be separate 2650
and distinct and denominated as "Place One," "Place Two" and 2651
"Place Three." The chancellor to fill Place One and Place Two 2652
shall be elected from all of the precincts within the district. 2653
Place Three shall be a subdistrict denominated as 17-1 for 2654
purposes of appointment and election. The chancellor to fill 2655
Place Three shall be elected from the following precincts in 2656
DeSoto County: Horn Lake Central, Horn Lake East, Horn Lake High 2657
School*, Horn Lake Intermediate School, Horn Lake North, Horn Lake 2658
West, Northwest Community College*, Southhaven South and 2659
Southhaven West*. 2660
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SECTION 62. Section 9-5-53, Mississippi Code of 1972, is 2661
brought forward as follows: 2662
9-5-53. The Eighteenth Chancery Court District is composed 2663
of the following counties: 2664
(a) Benton County; 2665
(b) Calhoun County; 2666
(c) Lafayette County; 2667
(d) Marshall County; and 2668
(e) Tippah County. 2669
SECTION 63. Section 9-5-54, Mississippi Code of 1972, is 2670
brought forward as follows: 2671
9-5-54. (1) There shall be two (2) chancellors for the 2672
Eighteenth Chancery Court District. 2673
(2) The two (2) chancellorships shall be separate and 2674
distinct and denominated for purposes of appointment and election 2675
only as "Place One" and "Place Two." 2676
SECTION 64. Section 9-5-55, Mississippi Code of 1972, is 2677
brought forward as follows: 2678
[Until January 1, 2027, this section shall read as follows:] 2679
9-5-55. The Nineteenth Chancery Court District is composed 2680
of the following counties: 2681
(a) Jones County; and 2682
(b) Wayne County. 2683
[From January 1, 2027, and until January 1, 2031, this 2684
section shall read as follows:] 2685
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9-5-55. (1) The Nineteenth Chancery Court District is 2686
composed of the following counties: 2687
(a) Greene County; 2688
(b) Jones County; and 2689
(c) Wayne County. 2690
(2) There shall be two (2) chancellors for the Nineteenth 2691
Chancery Court District. The two (2) chancellorships shall be 2692
separate and distinct and denominated for purposes of appointment 2693
and election only as "Place One" and "Place Two." The chancellor 2694
to fill Place One must reside in Jones County, and the chancellor 2695
to fill Place Two may reside in any county in the district, except 2696
Jones County. 2697
[From and after January 1, 2031, this section shall read as 2698
follows:] 2699
9-5-55. (1) The Nineteenth Chancery Court District is 2700
composed of the following counties: 2701
(a) George County; 2702
(b) Greene County; 2703
(c) Jones County; and 2704
(d) Wayne County. 2705
(2) There shall be two (2) chancellors for the Nineteenth 2706
Chancery Court District. The two (2) chancellorships shall be 2707
separate and distinct and denominated for purposes of appointment 2708
and election only as "Place One" and "Place Two." The chancellor 2709
to fill Place One must reside in Jones County, and the chancellor 2710
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to fill Place Two may reside in any county in the district, except 2711
Jones County. 2712
SECTION 65. Section 9-5-57, Mississippi Code of 1972, is 2713
brought forward as follows: 2714
9-5-57. The Twentieth Chancery Court District shall be 2715
Rankin County. 2716
SECTION 66. Section 9-5-58, Mississippi Code of 1972, is 2717
brought forward as follows: 2718
9-5-58. There shall be three (3) chancellors for the 2719
Twentieth Chancery Court District. For purposes of appointment 2720
and election the three (3) chancellorships shall be separate and 2721
distinct and denominated for purposes of appointment and election 2722
only as "Place One," "Place Two" and "Place Three." 2723
SECTION 67. Section 9-5-255, Mississippi Code of 1972, is 2724
brought forward as follows: 2725
9-5-255. (1) Except as provided by subsection (9) of this 2726
section, the senior chancellor of each chancery court district in 2727
the state may apply to the Chief Justice of the Supreme Court for 2728
the appointment of one or more persons to serve as family masters 2729
in chancery in each of the counties or for all of the counties 2730
within the respective chancery court district if the senior 2731
chancellor states in writing that the chancery court district's 2732
docket is crowded enough to warrant an appointment of a family 2733
master. The Chief Justice shall determine from the information 2734
provided by the senior chancellor if the need exists for the 2735
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appointment of a family master. If the Chief Justice determines 2736
that the need exists, a family master shall be appointed. If the 2737
Chief Justice determines that the need does not exist, no family 2738
master shall be appointed. 2739
(2) Family masters in chancery shall have the power to hear 2740
cases and recommend orders establishing, modifying and enforcing 2741
orders for support in matters referred to them by chancellors and 2742
judges of the circuit, county or family courts of such county. 2743
The family master in chancery shall have jurisdiction over 2744
paternity matters brought pursuant to the Mississippi Uniform Law 2745
on Paternity and referred to them by chancellors and judges of the 2746
circuit, county or family courts of such county. As used in this 2747
section, "order for support" shall have the same meaning as such 2748
term is defined in Section 93-11-101. 2749
(3) In all cases in which an order for support has been 2750
established and the person to whom the support obligation is owed 2751
is a nonrelated Temporary Assistance for Needy Families (TANF) 2752
family on whose behalf the Department of Human Services is 2753
providing services, the family master in chancery or any other 2754
judge or court of competent jurisdiction shall, upon proper 2755
pleading by the department and upon appropriate proceedings 2756
conducted thereon, order that the department may recover and that 2757
the obligor shall be liable for reasonable attorney's fees at a 2758
minimum of Two Hundred Fifty Dollars ($250.00) or an amount set by 2759
the court and court costs which the department incurs in enforcing 2760
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and collecting amounts of support obligation which exceed 2761
administrative fees collected and current support owed by the 2762
obligor. 2763
(4) Persons appointed as family masters in chancery pursuant 2764
to this section shall meet and possess all of the qualifications 2765
required of chancery and circuit court judges of this state, shall 2766
remain in office at the pleasure of the appointing chancellor, and 2767
shall receive reasonable compensation for services rendered by 2768
them, as fixed by law, or allowed by the court. Family masters in 2769
chancery shall be paid out of any available funds budgeted by the 2770
board of supervisors of the county in which they serve; provided, 2771
however, in the event that a family master in chancery is 2772
appointed to serve in more than one county within a chancery court 2773
district, then the compensation and expenses of such master shall 2774
be equally apportioned among and paid by each of the counties in 2775
which such master serves. The chancery clerk shall issue to such 2776
persons a certificate of appointment. 2777
(5) Family masters in chancery shall have power to 2778
administer oaths, to take the examination of witnesses in cases 2779
referred to them, to examine and report upon all matters referred 2780
to them, and they shall have all the powers in cases referred to 2781
them properly belonging to masters or commissioners in chancery 2782
according to the practice of equity courts as heretofore 2783
exercised. 2784
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(6) Family masters in chancery shall have power to issue 2785
subpoenas for witnesses to attend before them to testify in any 2786
matter referred to them or generally in the cause, and the 2787
subpoenas shall be executed in like manner as subpoenas issued by 2788
the clerk of the court. If any witness shall fail to appear, the 2789
master shall proceed by process of attachment to compel the 2790
witness to attend and give evidence. 2791
(7) Family masters in chancery are authorized and empowered 2792
to conduct original hearings on matters in such county referred to 2793
such masters by any chancellor or judge of such county. 2794
(8) In all cases heard by masters pursuant to this section, 2795
such masters shall make a written report to the chancellor or 2796
judge who refers the case to him. Such chancellor or judge may 2797
accept, reject or modify, in whole or in part, the findings or 2798
recommendations made and reported by the master, and may recommit 2799
the matter to the master with instructions. In all cases referred 2800
to such master, initialing for approval by the master of a 2801
proposed decree shall be sufficient to constitute the master's 2802
report. 2803
(9) Any chancellor required by this section to appoint a 2804
person or persons to serve as family masters in chancery may 2805
forego the requirement to appoint such masters or if family 2806
masters have been appointed, such chancellor may terminate such 2807
appointments and leave such positions vacant, only if an exemption 2808
from the United States Department of Health and Human Services is 2809
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obtained for the county or counties involved. Such positions may 2810
remain vacant for as long as such exemption remains in effect. 2811
SECTION 68. Section 9-9-14, Mississippi Code of 1972, is 2812
brought forward as follows: 2813
9-9-14. (1) In order to relieve the crowded condition of 2814
the docket in the county court of Harrison County and particularly 2815
to facilitate and make possible the trial and disposition of the 2816
large number of causes on said docket, there shall be three (3) 2817
county judges for Harrison County provided for and elected as 2818
herein set out. 2819
(2) For the purposes of nomination and election, the three 2820
(3) judgeships shall be separate and distinct, to be denominated 2821
for purposes of appointment, nomination and election only as 2822
"place one," "place two" and "place three." There shall be no 2823
distinction whatsoever in the powers, duties and emoluments of the 2824
three (3) offices of county judge, except that the county judge of 2825
Harrison County who has been for the longest time continuously a 2826
county judge of said county shall have the power to assign causes, 2827
terms and dockets. 2828
(3) While there shall be no limitation whatsoever upon the 2829
powers and duties of the said county judges other than as cast 2830
upon them by the constitution and laws of this state, the county 2831
court of Harrison County may, in the discretion of the county 2832
judge who has been for the longest time continuously a judge of 2833
said court, be divided into civil, equity and criminal divisions 2834
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as a matter of convenience, by the entry of an order upon the 2835
minutes of the court. 2836
(4) The Governor shall appoint some qualified person from 2837
Harrison County to fill the office of county judge hereby created, 2838
who shall hold office until his successor is elected and qualified 2839
in the manner and form as provided in Section 9-9-5, Mississippi 2840
Code of 1972, and said appointment and election shall in all 2841
respects be of the same import as if the office had heretofore 2842
been in existence and a vacancy had as of October 1, 1972, 2843
occurred therein. 2844
(5) Each county judge shall appoint his own court reporter 2845
in accordance with Section 9-13-61, Mississippi Code of 1972, for 2846
the purpose of doing the necessary stenographic work of the court. 2847
(6) The family court judge in Harrison County shall be the 2848
county judge for "place three" from and after the passage of House 2849
Bill No. 876, 1999 Regular Session, to serve for the term expiring 2850
December 31, 2002. 2851
SECTION 69. Section 9-9-16, Mississippi Code of 1972, is 2852
brought forward as follows: 2853
9-9-16. (1) In order to relieve the crowded condition of 2854
the docket in the county court of Washington County and 2855
particularly to facilitate and make possible the trial and 2856
disposition of the large number of causes on said docket, it is 2857
enacted that from and after January 1, 1976, in the manner 2858
provided herein, there shall be two (2) county judges for 2859
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Washington County, Mississippi, provided for and elected as herein 2860
set out. 2861
(2) For the purposes of nomination and election, the two (2) 2862
judgeships shall be separate and distinct, the presently existing 2863
judgeship and its succession to be denominated for purposes of 2864
appointment, nomination and election only as "Place One" and the 2865
judgeship hereby created and its succession for said selfsame 2866
purposes and none other to be designated as "Place Two." There 2867
shall be no distinction whatsoever in the powers, duties and 2868
emoluments of the two (2) offices of county judge, except that the 2869
county judge of Washington County who has been for the longest 2870
time continuously a county judge of said county shall have the 2871
power to assign causes, terms and dockets. Should neither judge 2872
of said county court have served longer in said office than the 2873
other, then that judge of this county court who has been for the 2874
longest time a member of The Mississippi State Bar shall have the 2875
right to assign causes, terms and dockets. 2876
(3) While there shall be no limitation whatsoever upon the 2877
powers and duties of the said county judges other than as cast 2878
upon them by the Constitution and laws of this state, the County 2879
Court of Washington County may, in the discretion of the county 2880
judge who has been for the longest time continuously a judge of 2881
said court, be divided into civil, equity, youth and criminal 2882
divisions as a matter of convenience, by the entry of an order 2883
upon the minutes of the court. 2884
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(4) Each county judge shall appoint his own court reporter 2885
in accordance with Section 9-13-61, Mississippi Code of 1972, for 2886
the purpose of doing the necessary stenographic work of the court. 2887
(5) The additional judgeship created by this section shall 2888
remain vacant unless prior to May 10, 1975, the Board Of 2889
Supervisors of Washington County, Mississippi, shall adopt an 2890
order duly entered upon the minutes of said board stating that 2891
sufficient county funds are available for the compensation and 2892
related expenses of the additional judgeship created herein. 2893
(6) If the order of the board of supervisors as required 2894
under subsection (5) of this section shall have been duly adopted 2895
and entered upon the minutes of said board prior to May 10, 1975, 2896
then the additional judgeship herein created shall be filled by a 2897
person elected in the regular primary and general elections to be 2898
held in 1975, and the person so elected shall hold office from 2899
January 1, 1976, for the remainder of the regular term for county 2900
judges. All candidates for such office shall possess all of the 2901
qualifications of a circuit judge as prescribed by the State 2902
Constitution and shall qualify for election in the same manner and 2903
be governed by the same statutes as other candidates for county 2904
office. After the first election to fill the judgeship created 2905
herein, the provisions of Section 9-9-5, Mississippi Code of 1972, 2906
shall apply to the judgeship created herein. 2907
SECTION 70. Section 9-9-17, Mississippi Code of 1972, is 2908
brought forward as follows: 2909
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9-9-17. (1) In order to relieve the crowded condition of 2910
the docket in the county court and in the youth court of Jackson 2911
County and particularly to facilitate and make possible the trial 2912
and disposition of the large number of causes on said docket and 2913
in the youth court, there shall be two (2) county judges for 2914
Jackson County, Mississippi, provided for and elected as herein 2915
set out. 2916
(2) For the purposes of nomination and election, the two (2) 2917
judgeships shall be separate and distinct, the presently existing 2918
judgeship and its succession to be denominated for purposes of 2919
appointment, nomination and election only as Place One and the 2920
judgeship hereby created and its succession for said selfsame 2921
purposes and none other to be designated as Place Two. There 2922
shall be no distinction whatsoever in the powers, duties and 2923
emoluments of the two (2) offices of county judge, except that the 2924
county judge of Jackson County who has been for the longest time 2925
continuously a county judge of said county shall have the right to 2926
assign causes, terms and dockets. 2927
(3) While there shall be no limitation whatsoever upon the 2928
powers and duties of the said county judges other than as cast 2929
upon them by the Constitution and laws of this state, the county 2930
court of Jackson County may, in the discretion of the county judge 2931
who has been for the longest time continuously a judge of said 2932
court, be divided into civil, equity, criminal and youth court 2933
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divisions as a matter of convenience by the entry of an order upon 2934
the minutes of the court. 2935
(4) The two (2) county judges shall be elected at the same 2936
time and in the same manner now prescribed by law for the existing 2937
judgeship of Jackson County. 2938
(5) The Board of Supervisors of Jackson County may, in its 2939
discretion, set aside, appropriate and expend monies from the 2940
general fund to be used in the payment of salaries of judges, 2941
clerks, reporters, officers and employees of the youth court 2942
division of the county court, including the related facilities of 2943
the youth court division of the county court, and such funds shall 2944
be expended for no other purposes. 2945
The county shall not be reimbursed for the amount of any such 2946
levy provided for by this section under the terms of the Homestead 2947
Exemption Law. 2948
SECTION 71. Section 9-9-18, Mississippi Code of 1972, is 2949
brought forward as follows: 2950
9-9-18. (1) In order to relieve the crowded condition of 2951
the docket in the county court and in the youth court of Rankin 2952
County and particularly to facilitate and make possible the trial 2953
and disposition of the large number of causes on the docket and in 2954
the youth court, there shall be two (2) county judges for Rankin 2955
County, provided for and elected as herein set out. 2956
(2) For the purposes of nomination and election, the two (2) 2957
judgeships shall be separate and distinct, the presently existing 2958
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judgeship and its succession to be denominated for purposes of 2959
appointment, nomination and election only as "Place One" and the 2960
judgeship hereby created and its succession for said selfsame 2961
purposes and none other to be designated as "Place Two." There 2962
shall be no distinction whatsoever in the powers, duties and 2963
emoluments of the two (2) offices of county judge, except that the 2964
county judge of Rankin County who has been for the longest time 2965
continuously a county judge of the county shall have the right to 2966
assign causes, terms and dockets. Should neither judge of the 2967
county court have served longer in office than the other, then 2968
that judge of this county court who has been for the longest time 2969
a member of The Mississippi Bar shall have the right to assign 2970
causes, terms and dockets. 2971
(3) While there shall be no limitation whatsoever upon the 2972
powers and duties of the county judges other than as cast upon 2973
them by the Constitution and laws of this state, the county court 2974
of Rankin County may, in the discretion of the county judge who 2975
has been for the longest time continuously a judge of the court, 2976
be divided into civil, equity, criminal and youth court divisions 2977
as a matter of convenience by the entry of an order upon the 2978
minutes of the court. 2979
(4) The initial holder of the additional judgeship created 2980
by this section, or "Place Two," shall be elected in the regular 2981
election of November 2002; candidates therefor shall qualify to 2982
run not later than forty-five (45) days before that election. The 2983
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person elected shall begin the term of office in January of 2003 2984
at the same time as county judges generally, and there shall be no 2985
vacancy of the office before that time. The two (2) judges shall 2986
otherwise be elected, and any vacancy in office filled, as 2987
provided for county judges generally. 2988
(5) The Board of Supervisors of Rankin County may, in its 2989
discretion, set aside, appropriate and expend monies from the 2990
general fund to be used in the payment of salaries of judges, 2991
clerks, reporters, officers and employees of the youth court 2992
division of the county court, including the related facilities of 2993
the youth court division of the county court, and such funds shall 2994
be expended for no other purposes. The county shall not be 2995
reimbursed for the amount of any such levy provided for by this 2996
section under the terms of the Homestead Exemption Law. 2997
SECTION 72. Section 9-9-18.1, Mississippi Code of 1972, is 2998
brought forward as follows: 2999
9-9-18.1. (1) In order to relieve the crowded condition of 3000
the docket in the county court and in the youth court of Madison 3001
County and particularly to facilitate and make possible the trial 3002
and disposition of the large number of causes on the docket and in 3003
the youth court, there shall be two (2) county judges for Madison 3004
County, provided for and elected as herein set out. 3005
(2) For the purposes of nomination and election, the two (2) 3006
judgeships shall be separate and distinct, the presently existing 3007
judgeship and its succession to be denominated for purposes of 3008
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appointment, nomination and election only as "Place One" and the 3009
judgeship hereby created and its succession for said selfsame 3010
purposes and none other to be designated as "Place Two." There 3011
shall be no distinction whatsoever in the powers, duties and 3012
emoluments of the two (2) offices of county judge, except that the 3013
county judge of Madison County who has been for the longest time 3014
continuously a county judge of the county shall have the right to 3015
assign causes, terms and dockets. Should neither judge of the 3016
county court have served longer in office than the other, then 3017
that judge of this county court who has been for the longest time 3018
a member of The Mississippi Bar shall have the right to assign 3019
causes, terms and dockets. 3020
(3) While there shall be no limitation whatsoever upon the 3021
powers and duties of the county judges other than as cast upon 3022
them by the Constitution and laws of this state, the county court 3023
of Madison County may, in the discretion of the county judge who 3024
has been for the longest time continuously a judge of the court, 3025
be divided into civil, equity, criminal and youth court divisions 3026
as a matter of convenience by the entry of an order upon the 3027
minutes of the court. 3028
(4) The initial holder of the additional judgeship created 3029
by this section, or "Place Two," shall be elected in the regular 3030
election of November 2002; candidates therefor shall qualify to 3031
run not later than forty-five (45) days before that election. The 3032
person elected shall begin the term of office in January of 2003 3033
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at the same time as county judges generally, and there shall be no 3034
vacancy of the office before that time. The two (2) judges shall 3035
otherwise be elected, and any vacancy in office filled, as 3036
provided for county judges generally. 3037
(5) The Board of Supervisors of Madison County may, in its 3038
discretion, set aside, appropriate and expend monies from the 3039
general fund to be used in the payment of salaries of judges, 3040
clerks, reporters, officers and employees of the youth court 3041
division of the county court, including the related facilities of 3042
the youth court division of the county court, and such funds shall 3043
be expended for no other purposes. The county shall not be 3044
reimbursed for the amount of any such levy provided for by this 3045
section under the terms of the Homestead Exemption Law. 3046
SECTION 73. Section 9-9-18.2, Mississippi Code of 1972, is 3047
brought forward as follows: 3048
9-9-18.2. (1) In order to relieve the crowded condition of 3049
the docket in the courts and in the youth court of Pearl River 3050
County and particularly to facilitate and make possible the trial 3051
and disposition of the large number of causes on the docket and in 3052
the youth court, there shall be a county court with one (1) county 3053
judge for Pearl River County, provided for and elected as herein 3054
set out. 3055
(2) The county court of Pearl River County may, in the 3056
discretion of the county judge, be divided into civil, equity, 3057
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criminal and youth court divisions as a matter of convenience by 3058
the entry of an order upon the minutes of the court. 3059
(3) The initial holder of the judgeship created by this 3060
section shall be elected in the regular election of November 2010; 3061
candidates therefor shall qualify to run not later than sixty (60) 3062
days before that election. The person elected shall begin the 3063
term of office in January of 2011 at the same time as county 3064
judges generally, and there shall be no vacancy of the office 3065
before that time. Thereafter, the judge shall otherwise be 3066
elected, and any vacancy in office filled, as provided for county 3067
judges generally. 3068
(4) The Board of Supervisors of Pearl River County may, in 3069
its discretion, set aside, appropriate and expend monies from the 3070
general fund to be used in the payment of salaries of the judge, 3071
clerks, reporters, officers and employees of the youth court 3072
division of the county court, including the related facilities of 3073
the youth court division of the county court, and such funds shall 3074
be expended for no other purposes. The county shall not be 3075
reimbursed for the amount of any such levy provided for by this 3076
section under the terms of the Homestead Exemption Law. 3077
SECTION 74. Section 9-9-18.3, Mississippi Code of 1972, is 3078
brought forward as follows: 3079
9-9-18.3. (1) In order to relieve the crowded condition of 3080
the docket in the county court and in the youth court of 3081
Lauderdale County and particularly to facilitate and make possible 3082
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the trial and disposition of the large number of causes on the 3083
docket and in the youth court, there shall be two (2) county 3084
judges for Lauderdale County, provided for and elected as herein 3085
set out. 3086
(2) For the purposes of nomination and election, the two (2) 3087
judgeships shall be separate and distinct, the presently existing 3088
judgeship and its succession to be denominated for purposes of 3089
appointment, nomination and election only as "Place One" and the 3090
judgeship hereby created and its succession for said selfsame 3091
purposes and none other to be designated as "Place Two." There 3092
shall be no distinction whatsoever in the powers, duties and 3093
emoluments of the two (2) offices of county judge, except that the 3094
county judge of Lauderdale County who has been for the longest 3095
time continuously a county judge of the county shall have the 3096
right to assign causes, terms and dockets. Should neither judge 3097
of the county court have served longer in office than the other, 3098
then that judge of the county court who has been for the longest 3099
time a member of The Mississippi Bar shall have the right to 3100
assign causes, terms and dockets. 3101
(3) While there shall be no limitation whatsoever upon the 3102
powers and duties of the said county judges other than as cast 3103
upon them by the Constitution and laws of this state, the county 3104
court of Lauderdale County may, in the discretion of the county 3105
judge who has been for the longest time continuously a judge of 3106
said court, be divided into civil, equity, criminal and youth 3107
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court divisions as a matter of convenience by the entry of an 3108
order upon the minutes of the court. 3109
(4) The initial holder of the additional judgeship created 3110
by this section, or "Place Two," shall be elected in the regular 3111
election of November 2006; candidates therefor shall qualify to 3112
run not later than forty-five (45) days before that election. The 3113
person elected shall begin the term of office in January of 2007 3114
at the same time as county judges generally, and there shall be no 3115
vacancy of the office before that time. Thereafter the two (2) 3116
judges shall otherwise be elected, and any vacancy in office 3117
filled, as provided for county judges generally. 3118
(5) The Board of Supervisors of Lauderdale County may, in 3119
its discretion, set aside, appropriate and expend monies from the 3120
general fund to be used in the payment of salaries of judges, 3121
clerks, reporters, officers and employees of the youth court 3122
division of the county court, including the related facilities of 3123
the youth court division of the county court, and such funds shall 3124
be expended for no other purposes. The county shall not be 3125
reimbursed for the amount of any such levy provided for by this 3126
section under the terms of the Homestead Exemption Law. 3127
SECTION 75. Section 9-9-18.5, Mississippi Code of 1972, is 3128
brought forward as follows: 3129
9-9-18.5. (1) In order to relieve the crowded condition of 3130
the docket in the county court and in the youth court of DeSoto 3131
County and particularly to facilitate and make possible the trial 3132
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and disposition of the large number of causes on the docket and in 3133
the youth court, there shall be two (2) county judges for DeSoto 3134
County, provided for and elected as herein set out. 3135
(2) For the purposes of nomination and election, the two (2) 3136
judgeships shall be separate and distinct, the first existing 3137
judgeship and its succession to be denominated for purposes of 3138
appointment, nomination and election only as "Place One" and the 3139
judgeship hereby created and its succession for said selfsame 3140
purposes and none other to be designated as "Place Two." There 3141
shall be no distinction whatsoever in the powers, duties and 3142
emoluments of the two (2) offices of county judge, except that the 3143
county judge of DeSoto County who has been for the longest time 3144
continuously a county judge of the county shall have the right to 3145
assign causes, terms and dockets. Should neither judge of the 3146
county court have served longer in office than the other, then 3147
that judge who has been for the longest time a member of The 3148
Mississippi Bar shall have the right to assign causes, terms and 3149
dockets. 3150
(3) While there shall be no limitation whatsoever upon the 3151
powers and duties of the county judges other than as cast upon 3152
them by the Constitution and laws of this state, the county court 3153
of DeSoto County may, in the discretion of the county judge who 3154
has been for the longest time continuously a judge of the court, 3155
be divided into civil, equity, criminal and youth court divisions 3156
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as a matter of convenience by the entry of an order upon the 3157
minutes of the court. 3158
(4) The initial holder of the additional judgeship created 3159
by this section, or "Place Two," shall be elected in the regular 3160
election of November 2008; candidates therefor shall qualify to 3161
run not later than forty-five (45) days before that election. The 3162
term of office of the person elected shall begin on the first day 3163
of January following the November election and shall end at the 3164
same time as for county judges generally. The two (2) judges 3165
shall otherwise be elected, and any vacancy in office filled, as 3166
provided for county judges generally. 3167
(5) The Board of Supervisors of DeSoto County may, in its 3168
discretion, set aside, appropriate and expend monies from the 3169
general fund to be used in the payment of salaries of judges, 3170
clerks, reporters, officers and employees of the youth court 3171
division of the county court, including the related facilities of 3172
the youth court division of the county court, and such funds shall 3173
be expended for no other purposes. The county shall not be 3174
reimbursed for the amount of any such levy provided for by this 3175
section under the terms of the Homestead Exemption Law. 3176
SECTION 76. Section 9-9-18.6, Mississippi Code of 1972, is 3177
brought forward as follows: 3178
9-9-18.6. (1) In order to relieve the crowded condition of 3179
the docket in the county court and in the youth court of Lee 3180
County and particularly to facilitate and make possible the trial 3181
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and disposition of the large number of causes in the youth court, 3182
there shall be two (2) county judges for Lee County, provided for 3183
and elected as herein set out. 3184
(2) For the purposes of nomination and election, the two (2) 3185
judgeships shall be separate and distinct, with the county 3186
judgeship that existed on January 1, 2018, to be denominated for 3187
purposes of appointment, nomination and election only as "Place 3188
One" and the additional judgeship hereby created to be designated 3189
as "Place Two." There shall be no distinction whatsoever in the 3190
powers, duties and emoluments of the two (2) offices of county 3191
judge, except that the county judge of Lee County who has been for 3192
the longest time continuously a county judge of the county shall 3193
have the right to assign causes, terms and dockets. Should 3194
neither judge of the county court have served longer in office 3195
than the other, then that judge of the county court who has been 3196
for the longest time a member of The Mississippi Bar shall have 3197
the right to assign causes, terms and dockets. 3198
(3) While there shall be no limitation whatsoever upon the 3199
powers and duties of the county judges other than as cast upon 3200
them by the Constitution and laws of this state, the county court 3201
of Lee County may, in the discretion of the county judge who has 3202
been for the longest time continuously a judge of the court, be 3203
divided into civil, equity, criminal and youth court divisions as 3204
a matter of convenience by the entry of an order upon the minutes 3205
of the court. 3206
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ST: Statewide Uniform Youth Court System;
establish.
(4) The initial holder of the additional judgeship created 3207
by this section, or "Place Two," shall be elected in the regular 3208
election of November 2018. The person elected shall begin the 3209
term of office in January 2019 at the same time as county judges 3210
generally, and there shall be no vacancy of the office before that 3211
time. The two (2) judges shall otherwise be elected, and any 3212
vacancy in office filled, as provided for county judges generally. 3213
(5) Each county judge shall appoint a court reporter in 3214
accordance with Section 9-13-61 for the purpose of doing the 3215
necessary stenographic work of the court. 3216
(6) The Board of Supervisors of Lee County may, in its 3217
discretion, set aside, appropriate and expend monies from the 3218
general fund to be used in the payment of salaries of judges, 3219
clerks, reporters, officers and employees of the youth court 3220
division of the county court, including the related facilities of 3221
the youth court division of the county court, and such funds shall 3222
be expended for no other purposes. The county shall not be 3223
reimbursed for the amount of any such levy provided for by this 3224
section under the terms of the Homestead Exemption Law. 3225
SECTION 77. Section 9-9-36, Mississippi Code of 1972, is 3226
brought forward as follows: 3227
9-9-36. In any county in cases where an overcrowded docket 3228
justifies the same, any chancellor may assign to a county judge in 3229
that county only, for hearing and final disposition, any case, 3230
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ST: Statewide Uniform Youth Court System;
establish.
cause, hearing or motion, or any proceedings involved in the trial 3231
and final disposition thereof. 3232
All orders in the cause, trial or hearing may be signed as 3233
follows: "_______________ County Judge and Acting Chancellor by 3234
assignment." No special order evidencing the assignment shall be 3235
entered on the minutes. 3236
No compensation for those services shall be allowed the 3237
county judge, neither shall the county judge be compelled to 3238
accept any assignment except at his will. Furthermore, no 3239
assignment of any cause or hearing shall be made where counsel on 3240
both sides object to the assignment. 3241
SECTION 78. Section 9-9-21, Mississippi Code of 1972, is 3242
brought forward as follows: 3243
9-9-21. (1) The jurisdiction of the county court shall be 3244
as follows: It shall have jurisdiction concurrent with the 3245
justice court in all matters, civil and criminal of which the 3246
justice court has jurisdiction; and it shall have jurisdiction 3247
concurrent with the circuit and chancery courts in all matters of 3248
law and equity wherein the amount of value of the thing in 3249
controversy shall not exceed, exclusive of costs and interest, the 3250
sum of Two Hundred Thousand Dollars ($200,000.00), and the 3251
jurisdiction of the county court shall not be affected by any 3252
setoff, counterclaim or cross-bill in such actions where the 3253
amount sought to be recovered in such setoff, counterclaim or 3254
cross-bill exceeds Two Hundred Thousand Dollars ($200,000.00). 3255
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Provided, however, the party filing such setoff, counterclaim or 3256
cross-bill which exceeds Two Hundred Thousand Dollars 3257
($200,000.00) shall give notice to the opposite party or parties 3258
as provided in Section 13-3-83, and on motion of all parties filed 3259
within twenty (20) days after the filing of such setoff, 3260
counterclaim or cross-bill, the county court shall transfer the 3261
case to the circuit or chancery court wherein the county court is 3262
situated and which would otherwise have jurisdiction. It shall 3263
have exclusively the jurisdiction heretofore exercised by the 3264
justice court in the following matters and causes: namely, 3265
eminent domain, the partition of personal property, and actions of 3266
unlawful entry and detainer, provided that the actions of eminent 3267
domain and unlawful entry and detainer may be returnable and 3268
triable before the judge of said court in vacation. The county 3269
court shall have jurisdiction over criminal matters in the county 3270
assigned by a judge of the circuit court district in which the 3271
county is included. 3272
(2) In the event of the establishment of a county court by 3273
an agreement between two (2) or more counties as provided in 3274
Section 9-9-3, it shall be lawful for such court sitting in one 3275
(1) county to act upon any and all matters of which it has 3276
jurisdiction as provided by law arising in the other county under 3277
the jurisdiction of said court. 3278
SECTION 79. This act shall take effect and be in force from 3279
and after July 1, 2026. 3280