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