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To: Judiciary B;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Scoggin
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1706
AN ACT TO AMEND SECTIONS 25-31-5 AND 25-31-10, MISSISSIPPI 1
CODE OF 1972, TO INCREASE THE NUMBER OF ASSISTANT DISTRICT 2
ATTORNEYS AND INVESTIGATORS FOR CERTAIN CIRCUIT COURT DISTRICTS; 3
AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 25-31-5, Mississippi Code of 1972, is 6
amended as follows: 7
25-31-5. (1) The following number of full-time legal 8
assistants are authorized in the following circuit court 9
districts: 10
(a) First Circuit Court District.............. * * * 11
eleven (11) legal assistants. 12
(b) Second Circuit Court District.......... eleven (11) 13
legal assistants. 14
(c) Third Circuit Court District................six (6) 15
legal assistants. 16
(d) Fourth Circuit Court District...............six (6) 17
legal assistants. 18
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(e) Fifth Circuit Court District...............five (5) 19
legal assistants. 20
(f) Sixth Circuit Court District............. three (3) 21
legal assistants. 22
(g) Seventh Circuit Court District....... fourteen (14) 23
legal assistants. 24
(h) Eighth Circuit Court District.............three (3) 25
legal assistants. 26
(i) Ninth Circuit Court District..............three (3) 27
legal assistants. Effective January 1, 2027, the Ninth Circuit 28
Court District shall have four (4) legal assistants. 29
(j) Tenth Circuit Court District.............. five (5) 30
legal assistants. 31
(k) Eleventh Circuit Court District............five (5) 32
legal assistants. 33
(l) Twelfth Circuit Court District.............five (5) 34
legal assistants. 35
(m) Thirteenth Circuit Court District..........four (4) 36
legal assistants. 37
(n) Fourteenth Circuit Court District.......... six (6) 38
legal assistants. * * * 39
(o) Fifteenth Circuit Court District......... * * * 40
eight (8) legal assistants. 41
(p) Sixteenth Circuit Court District........... six (6) 42
legal assistants. 43
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(q) Seventeenth Circuit Court District........ four (4) 44
legal assistants. 45
(r) Eighteenth Circuit Court District........... * * * 46
three (3) legal assistants. Effective January 1, 2027, the 47
Eighteenth Circuit Court District shall have * * * eight (8) legal 48
assistants. 49
(s) Nineteenth Circuit Court District........ seven (7) 50
legal assistants. 51
(t) Twentieth Circuit Court District......... seven (7) 52
legal assistants. Effective January 1, 2027, the Twentieth 53
Circuit Court District shall have ten (10) legal assistants. 54
(u) Twenty-first Circuit Court District...... seven (7) 55
legal assistants. Effective January 1, 2027, the Twenty-first 56
Circuit Court District shall have eight (8) legal assistants. 57
(v) Twenty-second Circuit Court District..... four (4) 58
legal assistants. 59
(w) Twenty-third Circuit Court District...... three (3) 60
legal assistants. Effective January 1, 2027, this paragraph (w) 61
shall stand repealed. 62
(2) In addition to any legal assistants authorized pursuant 63
to subsection (1) of this section, the following number of 64
full-time legal assistants are authorized (i) in the following 65
circuit court districts if funds are appropriated by the 66
Legislature to adequately fund the salaries, expenses and fringe 67
benefits of such legal assistants, or (ii) in any of the following 68
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circuit court districts in which the board of supervisors of one 69
or more of the counties in a circuit court district adopts a 70
resolution to pay all of the salaries, supplemental pay, expenses 71
and fringe benefits of legal assistants authorized in such 72
district pursuant to this subsection: 73
(a) First Circuit Court District................two (2) 74
legal assistants. 75
(b) Second Circuit Court District...............two (2) 76
legal assistants. 77
(c) Third Circuit Court District................two (2) 78
legal assistants. 79
(d) Fourth Circuit Court District...............two (2) 80
legal assistants. 81
(e) Fifth Circuit Court District................two (2) 82
legal assistants. 83
(f) Sixth Circuit Court District................two (2) 84
legal assistants. 85
(g) Seventh Circuit Court District..............two (2) 86
legal assistants. 87
(h) Eighth Circuit Court District...............two (2) 88
legal assistants. 89
(i) Ninth Circuit Court District................two (2) 90
legal assistants. 91
(j) Tenth Circuit Court District................two (2) 92
legal assistants. 93
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(k) Eleventh Circuit Court District.............two (2) 94
legal assistants. 95
(l) Twelfth Circuit Court District..............two (2) 96
legal assistants. 97
(m) Thirteenth Circuit Court District...........two (2) 98
legal assistants. 99
(n) Fourteenth Circuit Court District...........two (2) 100
legal assistants. 101
(o) Fifteenth Circuit Court District............two (2) 102
legal assistants. 103
(p) Sixteenth Circuit Court District............two (2) 104
legal assistants. 105
(q) Seventeenth Circuit Court District..........two (2) 106
legal assistants. 107
(r) Eighteenth Circuit Court District...........two (2) 108
legal assistants. 109
(s) Nineteenth Circuit Court District...........two (2) 110
legal assistants. 111
(t) Twentieth Circuit Court District...........five (5) 112
legal assistants. 113
(u) Twenty-first Circuit Court District.........two (2) 114
legal assistants. 115
(v) Twenty-second Circuit Court District........two (2) 116
legal assistants. From and after January 1, 2031, this paragraph 117
(v) shall stand repealed. 118
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(w) Twenty-third Circuit Court District........two (2) 119
legal assistants. From and after January 1, 2027, this paragraph 120
(w) shall stand repealed. 121
(3) The board of supervisors of any county may pay all or a 122
part of the salary, supplemental pay, expenses and fringe benefits 123
of any district attorney or legal assistant authorized in the 124
circuit court district to which such county belongs pursuant to 125
this section. 126
(4) The district attorney of any circuit court district may 127
employ additional legal assistants or criminal investigators, or 128
both, without regard to any limitation on the number of legal 129
assistants authorized in this section or criminal investigators 130
authorized by other provisions of law to the extent that the 131
district attorney's office receives funds from any source. Any 132
source shall include, but is not limited to, office generated 133
funds, funds from a county, a combination of counties, a 134
municipality, a combination of municipalities, federal funds, 135
private grants or foundations, or by means of an Interlocal 136
Cooperative Agreement authorized by Section 17-13-1 which may be 137
expended for those positions in an amount sufficient to pay all of 138
the salary, supplemental pay, expenses and fringe benefits of the 139
positions. Such funds may either be paid out of district attorney 140
accounts, transferred by the district attorney to the Department 141
of Finance and Administration or to one or more of the separate 142
counties comprising the circuit court district, and the funds 143
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shall be disbursed to such employees in the same manner as 144
state-funded criminal investigators and full-time legal 145
assistants. The district attorney shall report to the board of 146
supervisors of each county comprising the circuit court district 147
the amount and source of the supplemental salary, expenses and 148
fringe benefits, and the board in each county shall spread the 149
same on its minutes. The district attorney shall also report such 150
information to the Department of Finance and Administration which 151
shall make such information available to the Legislative Budget 152
Office. 153
(5) The district attorney shall be authorized to assign the 154
duties of a legal assistant regardless of the source of funding 155
for such legal assistants. 156
SECTION 2. Section 25-31-10, Mississippi Code of 1972, is 157
amended as follows: 158
[Until January 1, 2031, this section shall read as follows:] 159
25-31-10. (1) Any district attorney may appoint a full-time 160
criminal investigator. 161
(2) The district attorneys of the Fifth, Ninth, Tenth, 162
Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, 163
Seventeenth, Twentieth and Twenty-second Circuit Court Districts 164
may appoint one (1) additional full-time criminal investigator for 165
a total of two (2) full-time criminal investigators. 166
(3) The district attorneys of the First, Second, Third, 167
Fourth, Eighteenth, Nineteenth and Twenty-first Circuit Court 168
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Districts may appoint two (2) additional full-time criminal 169
investigators for a total of three (3) full-time criminal 170
investigators. 171
(4) The district attorney of the Seventh Circuit Court 172
District may appoint one (1) additional full-time criminal 173
investigator for a total of four (4) full-time criminal 174
investigators. 175
(5) No district attorney or assistant district attorney 176
shall accept any private employment, civil or criminal, in any 177
matter investigated by such criminal investigators. 178
(6) The full and complete compensation for all public duties 179
rendered by the criminal investigators shall be not more than 180
Seventy-five Thousand Dollars ($75,000.00) per annum, to be 181
determined at the discretion of the district attorney based upon 182
the qualifications, education and experience of the criminal 183
investigator, plus necessary travel and other expenses, to be paid 184
in accordance with Section 25-31-8. However, the maximum salary 185
under this subsection for a criminal investigator who has a law 186
degree may be supplemented by the district attorney from other 187
available funds, but not to exceed the maximum salary for a legal 188
assistant to a district attorney. 189
(7) Any criminal investigator may be designated by the 190
district attorney to attend the Law Enforcement Officers Training 191
Program set forth in Section 45-6-1 et seq. The total expenses 192
associated with attendance by criminal investigators at the Law 193
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Enforcement Officers Training Program shall be paid out of the 194
funds of the appropriate district attorney. 195
(8) The district attorney shall be authorized to assign the 196
duties of criminal investigators regardless of the source of 197
funding for such criminal investigators. 198
[From and after January 1, 2031, this section shall read as 199
follows:] 200
25-31-10. (1) Any district attorney may appoint a full-time 201
criminal investigator. 202
(2) The district attorneys of the Fifth, Ninth, Tenth, 203
Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, 204
Seventeenth, and Twentieth Circuit Court Districts may appoint one 205
(1) additional full-time criminal investigator for a total of two 206
(2) full-time criminal investigators. 207
(3) The district attorneys of the First, Second, Third, 208
Fourth, Nineteenth and Twenty-first Circuit Court Districts may 209
appoint two (2) additional full-time criminal investigators for a 210
total of three (3) full-time criminal investigators. 211
(4) The district attorney of the Seventh Circuit Court 212
District may appoint one (1) additional full-time criminal 213
investigator for a total of four (4) full-time criminal 214
investigators. 215
(5) No district attorney or assistant district attorney 216
shall accept any private employment, civil or criminal, in any 217
matter investigated by such criminal investigators. 218
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ST: Assistant DA; revise number in certain
districts.
(6) The full and complete compensation for all public duties 219
rendered by the criminal investigators shall be not more than 220
Seventy-five Thousand Dollars ($75,000.00) per annum, to be 221
determined at the discretion of the district attorney based upon 222
the qualifications, education and experience of the criminal 223
investigator, plus necessary travel and other expenses, to be paid 224
in accordance with Section 25-31-8. However, the maximum salary 225
under this subsection for a criminal investigator who has a law 226
degree may be supplemented by the district attorney from other 227
available funds, but not to exceed the maximum salary for a legal 228
assistant to a district attorney. 229
(7) Any criminal investigator may be designated by the 230
district attorney to attend the Law Enforcement Officers Training 231
Program set forth in Section 45-6-1 et seq. The total expenses 232
associated with attendance by criminal investigators at the Law 233
Enforcement Officers Training Program shall be paid out of the 234
funds of the appropriate district attorney. 235
(8) The district attorney shall be authorized to assign the 236
duties of criminal investigators regardless of the source of 237
funding for such criminal investigators. 238
SECTION 3. This act shall take effect and be in force from 239
and after July 1, 2026. 240