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To: Judiciary, Division A;
Appropriations
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Wiggins, Hopson
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 2890
AN ACT TO REPEAL SECTION 9-21-45, MISSISSIPPI CODE OF 1972, 1
WHICH AUTHORIZES THE JUDICIAL SYSTEM OPERATION FUND; TO AMEND 2
SECTIONS 9-9-11, 25-7-3, 25-7-9, 25-7-13, 27-19-56.534 AND 3
99-19-72, MISSISSIPPI CODE OF 1972, TO DELETE THE REFERENCE TO THE 4
JUDICIAL SYSTEM OPERATION FUND AND REFERENCE THE STATE GENERAL 5
FUND IN LIEU THEREOF; TO AMEND SECTION 25-3-35, MISSISSIPPI CODE 6
OF 1972, TO CONFORM; TO BRING FORWARD SECTIONS 9-1-36, 9-9-13 AND 7
25-9-115, MISSISSIPPI CODE OF 1972, WHICH RELATE TO JUDICIAL 8
FUNDING, FOR POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 9-21-45, Mississippi Code of 1972, which 11
authorizes the Judicial System Operation Fund, is hereby repealed. 12
SECTION 2. Section 9-9-11, Mississippi Code of 1972, is 13
amended as follows: 14
9-9-11. (1) Except as otherwise provided in subsections 15
(2), (3) and (4), the county court judge shall receive an annual 16
salary payable monthly out of the county treasury in an amount not 17
to exceed One Thousand Dollars ($1,000.00) less than the salary 18
which is now or shall hereafter be provided for circuit and 19
chancery judges of this state, in the discretion of the board of 20
supervisors of said county; provided, however, that the salary of 21
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such judge shall not be reduced during his term of office. 22
Provided further, that the office of county court judge in any 23
county receiving an annual salary of Thirty-six Thousand Dollars 24
($36,000.00) or more shall be a full-time position, and the holder 25
thereof shall not otherwise engage in the practice of law. 26
(2) If a county court is established by agreement between 27
two (2) or more counties as provided in Section 9-9-3, the county 28
judge of the court so established shall be paid a salary equal to 29
one and one-half (1-1/2) times that salary that he would be paid 30
if he were the judge of the smallest of such two (2) or more 31
counties, such salary to be paid in monthly installments as 32
provided by law; provided that such salary shall not exceed One 33
Thousand Dollars ($1,000.00) less than the salary of the circuit 34
and chancery judges of this state. 35
(3) The county court judge shall receive an annual salary 36
payable monthly out of the county treasury as follows: 37
(a) In any county having a population of seventy 38
thousand (70,000) or more according to the 1980 federal census, 39
the county judge shall receive an annual salary of One Thousand 40
Dollars ($1,000.00) less than that paid to a circuit court judge. 41
The office of county judge shall be a full-time position, and the 42
holder thereof shall not otherwise engage in the practice of law. 43
(b) In any county having a population of sixty thousand 44
(60,000) or more but less than seventy thousand (70,000) according 45
to the 1980 federal census, the county judge shall receive an 46
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annual salary of Forty Thousand Dollars ($40,000.00). The office 47
of county judge shall be a full-time position, and the holder 48
thereof shall not otherwise engage in the practice of law. The 49
county judge shall not be eligible for any additional salary 50
except as may be authorized in subsection (4). 51
(c) In any county having a population of twenty-seven 52
thousand (27,000) or more but less than sixty thousand (60,000) 53
according to the 1980 federal census, the county judge shall 54
receive an annual salary of not less than Twelve Thousand Dollars 55
($12,000.00) but not more than Forty Thousand Dollars 56
($40,000.00), in the discretion of the board of supervisors of 57
said county. The county judge shall not be eligible for any 58
additional salary except as may be authorized in subsection (4). 59
In the event that the board of supervisors of said county elects 60
to pay such county judge an annual salary of Thirty Thousand 61
Dollars ($30,000.00) or more, the office of county judge shall be 62
a full-time position, and the holder thereof shall not otherwise 63
engage in the practice of law. 64
(d) In any county having a population of less than 65
twenty-seven thousand (27,000) according to the 1980 federal 66
census, the county judge shall receive an annual salary of not 67
less than Four Thousand Two Hundred Dollars ($4,200.00) and not 68
more than Eight Thousand Five Hundred Dollars ($8,500.00), in the 69
discretion of the board of supervisors of said county. The county 70
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judge shall not be eligible for any additional salary except as 71
may be authorized in subsection (4). 72
(4) The county judge of any county described in this 73
subsection shall be paid the compensation, and he shall be subject 74
to any restrictions set forth in the following paragraphs: 75
(a) The county judge of any such Class 1 county with a 76
population according to the latest federal decennial census of 77
forty-five thousand (45,000) or more and lying wholly within a 78
levee district and having two (2) judicial districts shall, in the 79
discretion of the board of supervisors of such county, receive an 80
annual salary not exceeding Forty Thousand Dollars ($40,000.00), 81
or a sum which is One Thousand Dollars ($1,000.00) less than the 82
salary which is now or shall hereafter be provided for circuit and 83
chancery judges of the state, whichever is greater. 84
(b) The county judge of any Class 1 county having an 85
area in excess of nine hundred twenty-five (925) square miles 86
shall receive an annual salary of not less than Thirty Thousand 87
Dollars ($30,000.00) but, in the discretion of the board of 88
supervisors of such county, such salary may be not more than Five 89
Hundred Dollars ($500.00) less than the annual salary of a circuit 90
judge, payable monthly out of the county treasury, and the county 91
judge shall not practice law. 92
(c) The office of county judge in any such Class 1 93
county with a population according to the 1970 federal decennial 94
census of greater than thirty-nine thousand (39,000), and where 95
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U.S. Highway 61 and Mississippi Highway 6 intersect, shall receive 96
an annual salary to be paid in monthly installments of not less 97
than an amount equal to ninety percent (90%) of the annual salary 98
which is now or shall hereafter be provided for circuit and 99
chancery judges of the state, as follows: The salary of the 100
county judge shall be increased by ten percent (10%) annually 101
above the base salary of the preceding year until such time as the 102
judge's salary is equal to the amount that is provided by this 103
subsection. The office of county judge shall be a full-time 104
position and the holder thereof shall not otherwise engage in the 105
practice of law. 106
(d) In any Class 1 county bordering on the Mississippi 107
River and which has situated therein a national military park and 108
national military cemetery, the office of county judge shall be a 109
full-time position and the holder thereof shall not otherwise 110
engage in the practice of law. The salary for the county judge in 111
said county shall be fixed at a sum which is One Thousand Dollars 112
($1,000.00) less than the salary which is now or shall hereafter 113
be provided for circuit and chancery judges of this state. 114
(e) The county judge in any county having a population 115
of at least forty-two thousand one hundred eleven (42,111), 116
according to the 1970 census, and where U.S. Highway 49E and U.S. 117
Highway 82 intersect, shall receive an annual salary to be paid in 118
monthly installments of not less than Thirty Thousand Dollars 119
($30,000.00) but not more than Two Thousand Five Hundred Dollars 120
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($2,500.00) less than the annual salary of the circuit judge, in 121
the discretion of the board of supervisors of said county. 122
(f) The county judge in any Class 1 county bordering on 123
the Mississippi River and having an area of less than four hundred 124
fifty (450) square miles wherein U.S. Highways 84 and 61 intersect 125
shall receive an annual salary of Four Thousand Dollars 126
($4,000.00) less than the annual salary of a circuit judge, and 127
such county judge shall not practice law in any manner. The 128
county judge in such county shall not be eligible to receive any 129
additional salary authorized by this section or from any other 130
source other than that set out and authorized by this paragraph. 131
(g) The county judge of any Class 1 county bordering on 132
the Mississippi River on the west and the State of Tennessee on 133
the north, and traversed north to south by Interstate Highway 55, 134
shall receive an annual salary of ninety percent (90%) of the 135
salary which is now or shall hereafter be provided for chancery 136
and circuit judges of this state, but in any event not less than 137
Sixty Thousand Two Hundred Dollars ($60,200.00). 138
(h) The county judge of any Class 1 county with a 139
population of greater than sixty-nine thousand (69,000) according 140
to the 1980 federal decennial census, and wherein U.S. Highway 80 141
and Mississippi Highway 43 intersect, shall receive an annual 142
salary in an amount not greater than the sum of Five Hundred 143
Dollars ($500.00) less than the salary which is now or shall 144
hereafter be provided for circuit and chancery judges of this 145
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state, in the discretion of the board of supervisors of said 146
county. 147
(i) The county judge of any county having a population 148
in excess of sixty-six thousand (66,000) according to the 1980 149
federal decennial census, wherein is located a state-supported 150
university and in which U.S. Highways 49 and 11 intersect, shall 151
receive an annual salary of One Thousand Dollars ($1,000.00) less 152
than that paid to a circuit court judge. The office of such 153
county judge shall be a full-time position, and the holder thereof 154
shall not otherwise engage in the practice of law. 155
(j) The county judge of any county having two (2) 156
judicial districts, having a population in excess of sixty-one 157
thousand nine hundred (61,900) according to the 1980 federal 158
decennial census, in which U.S. Interstate Highway 59 intersects 159
with U.S. Highway 84, shall receive an annual salary of One 160
Thousand Dollars ($1,000.00) less than the salary which is now or 161
hereafter authorized to be paid circuit and chancery court judges 162
of this state. The office of such county judge shall be a 163
full-time position, and the holder thereof shall not otherwise 164
engage in the practice of law. 165
(k) The office of county judge of any Class I county 166
wherein U.S. Highway 51 and U.S. Highway 98 intersect shall be a 167
full-time position and the holder thereof shall not otherwise 168
engage in the practice of law. The annual salary for the office 169
of county judge in said county may be fixed, in the discretion of 170
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the board of supervisors of said county, at a sum not to exceed 171
Two Thousand Dollars ($2,000.00) less than the salary which is now 172
or shall hereafter be provided for circuit and chancery judges of 173
this state. 174
(l) The county judge of any county having a population 175
of more than forty-one thousand six hundred (41,600) but less than 176
forty-one thousand six hundred fifty (41,650) according to the 177
1980 federal census, and wherein U.S. Highway 49 intersects with 178
Mississippi Highway 22, shall receive an annual salary payable 179
monthly out of the county treasury of One Thousand Dollars 180
($1,000.00) less than the salary provided now or hereafter for 181
circuit and chancery judges of this state. 182
(m) The county judge of any county having a population 183
of more than fifty-seven thousand (57,000) but less than 184
fifty-seven thousand one hundred (57,100) according to the 1980 185
federal census, wherein U.S. Highway 45 intersects with 186
Mississippi Highway 6, shall receive an annual salary in an amount 187
established by the board of supervisors, but in no event to exceed 188
the salary provided now or hereafter for circuit and chancery 189
judges of this state. 190
(n) The county judge of any county having a population 191
of more than fifty-seven thousand three hundred (57,300) according 192
to the 1980 federal decennial census, wherein is located a 193
state-supported university and wherein U.S. Highways 82 and 45 194
intersect, shall receive an annual salary in an amount established 195
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by the board of supervisors, but in no event to exceed the salary 196
provided now or hereafter for circuit and chancery judges of this 197
state. 198
(5) The salary of a county court judge or justice court 199
judge shall not be reduced during his term of office as a result 200
of a population decrease based upon the 1990 federal decennial 201
census. 202
(6) The salary of a sheriff shall not be reduced during his 203
term of office as a result of a population decrease based upon the 204
1990 federal decennial census. 205
(7) Notwithstanding any provision of this section to the 206
contrary, the board of supervisors of any county, in its 207
discretion, may pay its county court judge an annual salary of One 208
Thousand Dollars ($1,000.00) less than that paid to a circuit 209
court judge. The office of county judge shall be a full-time 210
position, and the holder thereof shall not otherwise engage in the 211
practice of law. 212
(8) (a) There shall be transferred to the county for each 213
county court judge, payment to be made in monthly installments 214
from the * * * State General Fund, an annual salary supplement of: 215
(i) From and after January 1, 2013, through 216
December 31, 2013, the sum of Seven Thousand Nine Hundred 217
Fifty-seven Dollars and Fifty Cents ($7,957.50), plus any 218
applicable fringe benefits resulting from this amount; 219
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(ii) From and after January 1, 2014, through 220
December 31, 2014, the sum of Fifteen Thousand Nine Hundred 221
Fifteen Dollars ($15,915.00), plus any applicable fringe benefits 222
resulting from this amount; 223
(iii) From and after January 1, 2015, through 224
December 31, 2015, the sum of Twenty-three Thousand Eight Hundred 225
Seventy-two Dollars and Fifty Cents ($23,872.50), plus any 226
applicable fringe benefits resulting from this amount; and 227
(iv) From and after January 1, 2016, through 228
December 31, 2019, the sum of Thirty-one Thousand Eight Hundred 229
Thirty Dollars ($31,830.00), plus any applicable fringe benefits 230
resulting from this amount. 231
(b) From and after January 1, 2019, and every four (4) 232
years thereafter, the annual salary in this subsection (8) shall 233
be adjusted according to the level of compensation recommended by 234
the State Personnel Board for county court judges in the board's 235
most recent report on judicial salaries, as required under Section 236
25-9-115, to the extent that sufficient funds are available. 237
(c) The total annual salary paid to the county court 238
judge out of the county treasury and out of the * * * State 239
General Fund shall not exceed the salary limitation set forth in 240
subsection (7) of this section. 241
SECTION 3. Section 25-7-3, Mississippi Code of 1972, is 242
amended as follows: 243
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25-7-3. The Clerk of the Supreme Court shall charge the 244
following fees: 245
(a) General docket fee, for filing the record on appeal 246
in a civil or criminal case................................ $200.00 247
(b) Miscellaneous docket fee.................... 50.00 248
(c) Confidential miscellaneous docket fee....... 200.00 249
(d) Admission of new attorneys.................. 30.00 250
(e) Act of Congress certificate................. 25.00 251
(f) Certificate of admission replacement........ 25.00 252
(g) Certificate of good standing replacement.... 10.00 253
(h) Attest stamp................................ 5.00 254
(i) Order from Minute Book...................... 10.00 255
(j) Regular copying......................... 50 per page 256
(k) Copying from bound volumes or 257
records.............................................. 2.00 per page 258
(l) Copy of mandate............................. 10.00 259
(m) Minimum copy charge......................... 1.00 260
(n) Notary fee.................................. 2.50 261
(o) Decision list charge........................ 5.00 262
(p) Handling charge and retrieval and delivery charges 263
on completed Supreme Court records (to be retained out of deposit) 264
On-site retrieval........................... 10.00 265
Off-site retrieval.......................... 15.00 266
(q) Forfeited deposits on completed Supreme Court 267
records.................................................... 100.00 268
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(r) Petition for rehearing...................... 50.00 269
Said general docket fee shall be collected from the appellant 270
by the clerk of the lower court and forwarded to the Clerk of the 271
Supreme Court. The Clerk of the Supreme Court shall charge the 272
maximum amount allowable by law for services rendered where 273
charges for such services are provided by statute; for any other 274
services rendered, the amount charged shall be consistent with the 275
cost of providing such services. All fees shall be paid in the 276
form of cash, cashier's check, or money order or by a check on the 277
account of an attorney payable to the Clerk of the Supreme Court. 278
All fees authorized to be assessed and collected by the Clerk of 279
the Supreme Court shall be deposited into the State General Fund, 280
except that One Hundred Dollars ($100.00) of the general docket 281
fee set under paragraph (a), Twenty-five Dollars ($25.00) of the 282
miscellaneous docket fee set under paragraph (b), One Hundred 283
Dollars ($100.00) of the confidential miscellaneous fee set under 284
paragraph (c), Fifteen Dollars ($15.00) of the act of Congress 285
certificate set under paragraph (e), Ten Dollars ($10.00) of the 286
certificate of admission replacement set under paragraph (f), Two 287
Dollars and Fifty Cents ($2.50) of the attest stamp set under 288
paragraph (h), Five Dollars ($5.00) of the order from minute book 289
set under paragraph (i), Seven Dollars ($7.00) of the copy of 290
mandate set under paragraph (l), Fifty Dollars ($50.00) of the 291
forfeited deposits on completed Supreme Court records set under 292
paragraph (q), Twenty-five Dollars ($25.00) of the petition for 293
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rehearing fee under paragraph (r), and the total amount charged 294
for any other services rendered shall be deposited to the credit 295
of the * * * State General Fund. 296
SECTION 4. Section 25-7-9, Mississippi Code of 1972, is 297
amended as follows: 298
[From and after January 1, 2024, and through December 31, 299
2027, this section shall read as follows:] 300
25-7-9. (1) The clerks of the chancery courts shall charge 301
the following fees: 302
(a) For the act of certifying copies of filed 303
documents, for each complete document................... $ 1.00 304
(b) (i) Recording each deed, will, lease, amendment, 305
subordination, lien, release, cancellation, order, decree, oath, 306
etc., per book and page listed where applicable, each deed of 307
trust, or any other document, for the first five (5) 308
pages................................................... $ 25.00 309
(ii) Each additional page............... $ 1.00 310
(c) (i) Recording oil and gas leases, cancellations, 311
etc., including indexing in general indices; for the first five 312
(5) pages............................................... $ 25.00 313
(ii) Recording each oil and gas assignment, 314
amendment of assignment, release, etc., first five (5) 315
pages................................................... $ 25.00 316
per additional assignee................................. $ 18.00 317
(iii) Each additional page.............. $ 1.00 318
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(iv) Sectional index entries per section or 319
subdivision lot......................................... $ 1.00 320
(v) Archive fee......................... $ 1.00 321
(vi) Entering marginal notations, if requested on 322
document or by cover letter, pertaining to the recording of any 323
oil and gas document only per book and page............. $ 4.00 324
(d) (i) Furnishing copies of any papers of record or 325
on file: 326
If performed by the clerk or his employee, 327
per page................................................ $ .50 328
If performed by any other person, 329
per page................................................ $ .25 330
(ii) Entering marginal notations on 331
documents of record..................................... $ 1.00 332
(e) For attending the board of supervisors' meeting, an 333
annual sum not exceeding................................ $ 2,500.00 334
(f) For other services as clerk of the board of 335
supervisors an allowance shall be made to him (payable 336
semiannually at the July and January meetings) out of the county 337
treasury, an annual sum not exceeding................... $ 5,500.00 338
(g) For each day's attendance on the chancery court, to 339
be approved by the chancellor: 340
For the first chancellor sitting only, clerk and two (2) deputies, 341
each.................................................... $ 85.00 342
For the second chancellor sitting, clerk only........... $ 85.00 343
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Provided that the fees herein prescribed shall be the total 344
remuneration for the clerk and his deputies for attending chancery 345
court. 346
(h) On order of the court, clerks and not more than two 347
(2) deputies may be allowed five (5) extra days for each term of 348
court for attendance upon the court to get up records. 349
(i) For public service not otherwise specifically 350
provided for, the chancery court may by order allow the clerk to 351
be paid by the county on the order of the board of supervisors, an 352
annual sum not exceeding................................ $ 5,000.00 353
(j) For each civil filing, to be deposited into the 354
Civil Legal Assistance Fund............................. $ 5.00 355
The chancery clerk shall itemize on the original document a 356
detailed fee bill of all charges due or paid for filing, recording 357
and abstracting same. No person shall be required to pay such 358
fees until same have been so itemized, but those fees may be 359
demanded before the document is recorded. 360
(2) The following fee shall be a total fee for all services 361
performed by the clerk with respect to any civil case filed that 362
includes, but is not limited to, divorce, alteration of birth or 363
marriage certificate, removal of minority, guardianship or 364
conservatorship, estate of deceased, adoption that does not 365
involve the Department of Child Protection Services, land dispute 366
injunction, settlement of small claim, contempt, modification, 367
partition suit, or commitment, which shall be payable upon filing 368
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and shall accrue to the chancery clerk at the time of filing. The 369
clerk or his successor in office shall perform all duties set 370
forth without additional compensation or fee $ 85.00 371
(3) For every civil case filed: 372
(a) An additional fee to be deposited to the credit of 373
the Comprehensive Electronic Court Systems Fund established in 374
Section 9-21-14......................................... $ 10.00 375
(b) An additional fee to be deposited to the 376
credit of the * * * State General Fund.................. $ 40.00 377
(4) Cost of process shall be borne by the issuing party. 378
Additionally, should the attorney or person filing the pleadings 379
desire the clerk to pay the cost to the sheriff for serving 380
process on one (1) person or more, or to pay the cost of 381
publication, the clerk shall demand the actual charges therefor, 382
at the time of filing. 383
(5) For each civil case filed including an adoption 384
involving the Department of Child Protection Services, the filing 385
shall be exempt from any fee under this section. 386
[From and after January 1, 2028, this section shall read as 387
follows:] 388
25-7-9. (1) The clerks of the chancery courts shall charge 389
the following fees: 390
(a) For the act of certifying copies of filed 391
documents, for each complete document................... $ 1.00 392
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(b) (i) Recording each deed, will, lease, amendment, 393
subordination, lien, release, cancellation, order, decree, oath, 394
etc., per book and page listed where applicable, each deed of 395
trust, or any other document, for the first five (5) 396
pages................................................... $ 25.00 397
(ii) Each additional page............... $ 1.00 398
(c) (i) Recording oil and gas leases, cancellations, 399
etc., including indexing in general indices; for the first five 400
(5) pages............................................... $ 25.00 401
(ii) Recording each oil and gas assignment, 402
amendment of assignment, release, etc., first five (5) 403
pages................................................... $ 25.00 404
per additional assignee................................. $ 18.00 405
(iii) Each additional page.............. $ 1.00 406
(iv) Sectional index entries per section or 407
subdivision lot......................................... $ 1.00 408
(v) Archive fee......................... $ 1.00 409
(vi) Entering marginal notations, if requested on 410
document or by cover letter, pertaining to the recording of any 411
oil and gas document only per book and page............. $ 4.00 412
(d) (i) Furnishing copies of any papers of record or 413
on file: 414
If performed by the clerk or his employee, 415
per page................................................ $ .50 416
If performed by any other person, 417
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per page................................................ $ .25 418
(ii) Entering marginal notations on 419
documents of record..................................... $ 1.00 420
(e) For attending the board of supervisors' meeting an 421
annual sum not exceeding................................ $ 5,000.00 422
(f) For other services as clerk of the board of 423
supervisors an allowance shall be made to him (payable 424
semiannually at the July and January meetings) out of the county 425
treasury, an annual sum not exceeding................... $10,000.00 426
(g) For each day's attendance on the chancery court, to 427
be approved by the chancellor: 428
For the first chancellor sitting only, clerk and two (2) deputies, 429
each.................................................... $ 85.00 430
For the second chancellor sitting, clerk only........... $ 85.00 431
Provided that the fees herein prescribed shall be the total 432
remuneration for the clerk and his deputies for attending chancery 433
court. 434
(h) On order of the court, clerks and not more than two 435
(2) deputies may be allowed five (5) extra days for each term of 436
court for attendance upon the court to get up records. 437
(i) For public service not otherwise specifically 438
provided for, the chancery court may by order allow the clerk to 439
be paid by the county on the order of the board of supervisors, an 440
annual sum not exceeding................................ $ 5,000.00 441
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(j) For each civil filing, to be deposited into the 442
Civil Legal Assistance Fund............................. $ 5.00 443
The chancery clerk shall itemize on the original document a 444
detailed fee bill of all charges due or paid for filing, recording 445
and abstracting same. No person shall be required to pay such 446
fees until same have been so itemized, but those fees may be 447
demanded before the document is recorded. 448
(2) The following fee shall be a total fee for all services 449
performed by the clerk with respect to any civil case filed that 450
includes, but is not limited to, divorce, alteration of birth or 451
marriage certificate, removal of minority, guardianship or 452
conservatorship, estate of deceased, adoption that does not 453
involve the Department of Child Protection Services, land dispute 454
injunction, settlement of small claim, contempt, modification, 455
partition suit, or commitment, which shall be payable upon filing 456
and shall accrue to the chancery clerk at the time of filing. The 457
clerk or his successor in office shall perform all duties set 458
forth without additional compensation or fee............ $ 85.00 459
(3) For every civil case filed: 460
(a) An additional fee to be deposited to the credit of 461
the Comprehensive Electronic Court Systems Fund established in 462
Section 9-21-14......................................... $ 10.00 463
(b) An additional fee to be deposited to the 464
credit of the * * * State General Fund.................. $ 40.00 465
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(4) Cost of process shall be borne by the issuing party. 466
Additionally, should the attorney or person filing the pleadings 467
desire the clerk to pay the cost to the sheriff for serving 468
process on one (1) person or more, or to pay the cost of 469
publication, the clerk shall demand the actual charges therefor, 470
at the time of filing. 471
(5) For each civil case filed including an adoption 472
involving the Department of Child Protection Services, the filing 473
shall be exempt from any fee under this section. 474
SECTION 5. Section 25-7-13, Mississippi Code of 1972, is 475
amended as follows: 476
25-7-13. (1) The clerks of the circuit court shall charge 477
the following fees: 478
(a) Docketing, filing, marking and registering each 479
complaint, petition and indictment....................... $ 85.00 480
The fee set forth in this paragraph shall be the total fee 481
for all services performed by the clerk up to and including entry 482
of judgment with respect to each complaint, petition or 483
indictment, including all answers, claims, orders, continuances 484
and other papers filed therein, issuing each writ, summons, 485
subpoena or other such instruments, swearing witnesses, taking and 486
recording bonds and pleas, and recording judgments, orders, fiats 487
and certificates; the fee shall be payable upon filing and shall 488
accrue to the clerk at the time of collection. The clerk or his 489
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or her successor in office shall perform all duties set forth 490
above without additional compensation or fee. 491
(b) Docketing and filing each motion to renew judgment, 492
notice of renewal of judgment, suggestion for a writ of 493
garnishment, suggestion for a writ of execution and judgment 494
debtor actions and issuing all process, filing and recording 495
orders or other papers and swearing witnesses............ $ 35.00 496
(c) For every civil case filed, an additional fee to be 497
deposited to the credit of the Comprehensive Electronic Court 498
Systems Fund established in Section 9-21-14.............. $ 10.00 499
(d) For every civil case filed, an additional fee to be 500
deposited to the credit of the * * * State General Fund.. $ 40.00 501
(2) Except as provided in subsection (1) of this section, 502
the clerks of the circuit court shall charge the following fees: 503
(a) Filing and marking each order or other paper and 504
recording and indexing same.............................. $ 2.00 505
(b) Issuing each writ, summons, subpoena, citation, 506
capias and other such instruments........................ $ 1.00 507
(c) Administering an oath and taking bond..... $ 2.00 508
(d) Certifying copies of filed documents, for each 509
complete document........................................ $ 1.00 510
(e) Recording orders, fiats, licenses, certificates, 511
oaths and bonds: 512
First page.......................................... $ 2.00 513
Each additional page................................ $ 1.00 514
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(f) Furnishing copies of any papers of record or on 515
file and entering marginal notations on documents of record: 516
If performed by the clerk or his or her employee, 517
per page................................................. $ 1.00 518
If performed by any other person, per page.......... $ .25 519
(g) Judgment roll entry....................... $ 5.00 520
(h) Taxing cost and certificate............... $ 1.00 521
(i) For taking and recording application for marriage 522
license, for filing and recording consent of parents when required 523
by law, for filing and recording medical certificate, filing and 524
recording proof of age, recording and issuing license, recording 525
and filing returns....................................... $ 35.00 526
The clerk shall deposit Fourteen Dollars ($14.00) of each fee 527
collected for a marriage license in the Victims of Domestic 528
Violence Fund established in Section 93-21-117, on a monthly 529
basis. 530
(j) For certified copy of marriage license and search 531
of record, the same fee charged by the Bureau of Vital Statistics 532
of the State Board of Health. 533
(k) For public service not particularly provided for, 534
the circuit court may allow the clerk, per annum, to be paid by 535
the county on presentation of the circuit court's order, the 536
following amount......................................... $5,000.00 537
However, in the counties having two (2) judicial districts, 538
such above allowance shall be made for each judicial district. 539
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(l) For drawing jurors and issuing venire, to be paid 540
by the county............................................ $ 5.00 541
(m) For each day's attendance upon the circuit court 542
term, for himself or herself and necessary deputies allowed by the 543
court, each to be paid by the county..................... $ 85.00 544
(n) Summons, each juror to be paid by the county upon 545
the allowance of the court............................... $ 1.00 546
(o) For issuing each grand jury subpoena, to be paid by 547
the county on allowance by the court, not to exceed Twenty-five 548
Dollars ($25.00) in any one (1) term of 549
court.................................................... $ 1.00 550
(p) For each civil filing, to be deposited into the 551
Civil Legal Assistance Fund.............................. $ 5.00 552
(3) On order of the court, clerks and deputies may be 553
allowed five (5) extra days for attendance upon the court to get 554
up records. 555
(4) The clerk's fees in state cases where the state fails in 556
the prosecution, or in cases of felony where the defendant is 557
convicted and the cost cannot be made out of his or her estate, in 558
an amount not to exceed Four Hundred Dollars ($400.00) in one (1) 559
year, shall be paid out of the county treasury on approval of the 560
circuit court, and the allowance thereof by the board of 561
supervisors of the county. In counties having two (2) judicial 562
districts, such allowance shall be made in each judicial district; 563
however, the maximum thereof shall not exceed Eight Hundred 564
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Dollars ($800.00). Clerks in the circuit court, in cases where 565
appeals are taken in criminal cases and no appeal bond is filed, 566
shall be allowed by the board of supervisors of the county after 567
approval of their accounts by the circuit court, in addition to 568
the above fees, for making such transcript the rate of Two Dollars 569
($2.00) per page. 570
(5) The clerk of the circuit court may retain as his or her 571
commission on all money coming into his or her hands, by law or 572
order of the court, a sum to be fixed by the court not exceeding 573
one-half of one percent (1/2 of 1%) on all such sums. 574
(6) For making final records required by law, including, but 575
not limited to, circuit and county court minutes, and furnishing 576
transcripts of records, the circuit clerk shall charge Two Dollars 577
($2.00) per page. The same fees shall be allowed to all officers 578
for making and certifying copies of records or papers which they 579
are authorized to copy and certify. 580
(7) The circuit clerk shall prepare an itemized statement of 581
fees for services performed, cost incurred, or for furnishing 582
copies of any papers of record or on file, and shall submit the 583
statement to the parties or, if represented, to their attorneys 584
within sixty (60) days. A bill for same shall accompany the 585
statement. 586
SECTION 6. Section 27-19-56.534, Mississippi Code of 1972, 587
is amended as follows: 588
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27-19-56.534. (1) Any owner of a motor vehicle who is a 589
serving or retired judge of the federal or state court system in 590
this state, upon payment of the road and bridge privilege taxes, 591
ad valorem taxes and registration fees as prescribed by law for 592
private carriers of passengers, pickup trucks and other 593
noncommercial motor vehicles, and upon payment of an additional 594
fee in the amount provided in subsection (3) of this section, 595
shall be issued a distinctive license tag bearing the word 596
"judiciary" for any motor vehicle registered in his name. The 597
distinctive license tags so issued shall be of such color and 598
design as the Department of Revenue, with the advice of the 599
Mississippi Supreme Court, may prescribe and shall consist of such 600
letters or numbers, or both, as may be necessary to distinguish 601
each license tag. 602
(2) Application for the distinctive license tags authorized 603
by this section shall be made to the county tax collector on forms 604
prescribed by the Department of Revenue. The application and the 605
additional fee imposed under subsection (3) of this section, less 606
Two Dollars ($2.00) thereof to be retained by the tax collector, 607
shall be remitted to the Department of Revenue on a monthly basis 608
as prescribed by the department. The portion of the additional 609
fee retained by the tax collector shall be deposited into the 610
county general fund. 611
(3) Beginning with any registration year commencing on or 612
after July 1, 2021, any person applying for a distinctive license 613
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tag under this section shall pay an additional fee in the amount 614
of Thirty Dollars ($30.00) for each distinctive license tag 615
applied for under this section, which shall be in addition to all 616
other taxes and fees. The additional fee paid shall be for a 617
period of time to run concurrently with the vehicle's established 618
license tag year. The additional fee is due and payable at the 619
time the original application is made for a distinctive license 620
tag under this section and thereafter annually at the time of 621
renewal registration as long as the owner retains the distinctive 622
license tag. If the owner does not wish to retain the distinctive 623
license tag, he must surrender it to the local county tax 624
collector. 625
(4) The Department of Revenue shall deposit all fees into 626
the State Treasury on the day collected. At the end of each 627
month, the Department of Revenue shall certify to the State 628
Treasurer the total fees collected under this section from the 629
issuance of the distinctive license tags issued under this 630
section. The State Treasurer shall distribute such collections as 631
follows: 632
(a) Twenty-four Dollars ($24.00) of each additional fee 633
collected on distinctive license tags issued pursuant to this 634
section shall be deposited into the * * * State General Fund. 635
(b) One Dollar ($1.00) of each additional fee collected 636
on distinctive license tags issued pursuant to this section shall 637
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be deposited into the Mississippi Burn Care Fund created pursuant 638
to Section 7-9-70. 639
(c) Two Dollars ($2.00) of each additional fee 640
collected on distinctive license tags issued pursuant to this 641
section shall be deposited to the credit of the State Highway Fund 642
to be expended solely for the repair, maintenance, construction or 643
reconstruction of highways. 644
(d) One Dollar ($1.00) of each additional fee collected 645
on distinctive license tags issued pursuant to this section shall 646
be deposited to the credit of the special fund created in Section 647
27-19-44.2. 648
(5) A regular license tag must be properly displayed as 649
required by law until replaced by a distinctive license tag under 650
this section. The regular license tag must be surrendered to the 651
tax collector upon issuance of the distinctive license tag under 652
this section. The tax collector shall issue up to two (2) license 653
decals for each distinctive license tag issued under this section, 654
which will expire the same month and year as the regular license 655
tag. 656
(6) In the case of loss or theft of a distinctive license 657
tag issued under this section, the owner may make application and 658
affidavit for a replacement distinctive license tag as provided by 659
Section 27-19-37. The fee for a replacement distinctive license 660
tag shall be Ten Dollars ($10.00). The tax collector receiving 661
such application and affidavit shall be entitled to retain and 662
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deposit into the county general fund five percent (5%) of the fee 663
for such replacement license tag and the remainder shall be 664
distributed in the same manner as funds from the sale of regular 665
distinctive license tags issued under this section. 666
SECTION 7. Section 99-19-72, Mississippi Code of 1972, is 667
amended as follows: 668
99-19-72. (1) A filing fee of One Hundred Fifty Dollars 669
($150.00) is hereby levied on each petition to expunge an offense 670
under Section 99-19-71 to be collected by the circuit clerk and 671
distributed as follows: 672
(a) One Hundred Dollars ($100.00) to be deposited into 673
the * * * State General Fund; 674
(b) Forty Dollars ($40.00) to be deposited into the 675
District Attorneys Operation Fund; and 676
(c) Ten Dollars ($10.00) to be retained by the circuit 677
clerk collecting the fee for administration purposes. 678
(2) From and after July 1, 2016, the expenses of district 679
attorneys shall be defrayed by appropriation from the State 680
General Fund and all user charges and fees authorized by 681
paragraphs (a) and (b) of subsection (1) of this section shall be 682
deposited into the State General Fund as authorized by law and as 683
determined by the State Fiscal Officer, and charges and fees 684
authorized by paragraph (c) of subsection (1) of this section 685
shall be retained by the circuit clerks for expenditures 686
authorized by law. 687
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SECTION 8. Section 25-3-35, Mississippi Code of 1972, is 688
amended as follows: 689
25-3-35. (1) The annual salaries of the following judges 690
are fixed as follows: 691
Through December 31, 2022: 692
Chief Justice of the Supreme Court................ $174,000.00 693
Presiding Justices of the Supreme Court, each..... 169,500.00 694
Associate Justices of the Supreme Court, each..... 166,500.00 695
From and after January 1, 2023: 696
Chief Justice of the Supreme Court................ $181,491.00 697
Presiding Justices of the Supreme Court, each..... 176,737.00 698
Associate Justices of the Supreme Court, each..... 173,800.00 699
There are imposed upon the Supreme Court justices the extra 700
duties of taking all necessary action to promote judicial 701
education in schools, intervention courts, electronic filing and 702
case management systems as developed by the Administrative Office 703
of Courts, or such other additional duties as may be assigned by 704
the Chief Justice of the Supreme Court. For such extra services 705
each justice, from and after January 1, 2023, shall receive a sum 706
sufficient to aggregate, per annum, the salaries set forth in this 707
subsection (1). 708
The fixed salaries in this subsection (1) shall be paid from 709
the State General Fund * * *. No less than: One Hundred Fifteen 710
Thousand Three Hundred Ninety Dollars ($115,390.00) of the Chief 711
Justice's salary in this subsection (1), One Hundred Thirteen 712
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Thousand One Hundred Ninety Dollars ($113,190.00) of the salary of 713
a presiding justice in this subsection (1), and One Hundred Twelve 714
Thousand Five Hundred Thirty Dollars ($112,530.00) of the salary 715
of an associate justice in this subsection (1) shall be paid from 716
general fund monies; in addition, the Legislature shall 717
appropriate annually * * * a sum sufficient to increase the salary 718
of the Chief Justice, a presiding justice and an associate justice 719
to the levels set forth in this subsection (1). 720
The fixed salaries as specified in this subsection (1) shall 721
be the exclusive and total compensation which can be reported to 722
the Public Employees' Retirement System for retirement purposes; 723
however, any judge in office on December 31, 2003, may continue to 724
report his expense allowance as part of his compensation for 725
retirement purposes. 726
(2) The annual salaries of the judges of the Court of 727
Appeals of Mississippi are fixed as follows: 728
Through December 31, 2022: 729
Chief Judge of the Court of Appeals............... $161,500.00 730
Associate Judges of the Court of Appeals, each.... 158,500.00 731
From and after January 1, 2023: 732
Chief Judge of the Court of Appeals............... $169,349.00 733
Associate Judges of the Court of Appeals, each.... 168,467.00 734
From and after January 1, 2023, each judge shall receive a 735
sum sufficient to aggregate, per annum, the salaries set forth in 736
this subsection (2). 737
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The fixed salaries in this subsection (2) shall be paid from 738
the State General Fund * * *. No less than One Hundred Eight 739
Thousand One Hundred Thirty Dollars ($108,130.00) of the Chief 740
Judge's salary in this subsection (2) shall be paid from general 741
fund monies; in addition, the Legislature shall appropriate 742
annually * * * a sum sufficient to increase the Chief Judge's 743
salary to the level set forth in this subsection (2). No less 744
than One Hundred Five Thousand Fifty Dollars ($105,050.00) of the 745
salary of an associate judge in this subsection (2) shall be paid 746
from general fund monies; in addition, the Legislature shall 747
appropriate annually * * * a sum sufficient to increase the salary 748
of an associate judge to the level set forth in this subsection 749
(2). 750
The fixed salaries as specified in this subsection (2) shall 751
be the exclusive and total compensation which can be reported to 752
the Public Employees' Retirement System for retirement purposes; 753
however, any judge in office on December 31, 2003, may continue to 754
report his expense allowance as part of his compensation for 755
retirement purposes. 756
(3) The annual salaries of the chancery and circuit court 757
judges are fixed as follows: 758
Through December 31, 2022: 759
Chancery Judges, each............................. $149,000.00 760
Circuit Judges, each.............................. 149,000.00 761
From and after January 1, 2023: 762
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Chancery Judges, each............................. $158,000.00 763
Circuit Judges, each.............................. 158,000.00 764
In addition to their present official duties, the circuit and 765
chancery judges shall take necessary action to promote judicial 766
education in schools, intervention courts, electronic filing and 767
case management systems as developed by the Administrative Office 768
of Courts, or such other additional duties as may be assigned by 769
the Chief Justice of the Supreme Court. For such extra services 770
each judge, from and after January 1, 2023, shall receive a sum 771
sufficient to aggregate, per annum, the salaries set forth in this 772
subsection (3). 773
The fixed salaries in this subsection (3) shall be paid from 774
the State General Fund * * *. No less than One Hundred Four 775
Thousand One Hundred Seventy Dollars ($104,170.00) of the salary 776
of a chancery or circuit judge in this subsection (3) shall be 777
paid from general fund monies; in addition, the Legislature shall 778
appropriate annually * * * a sum sufficient to increase the salary 779
of a chancery or circuit judge to the levels set forth in this 780
subsection (3). 781
(4) From and after January 1, 2019, and every four (4) years 782
thereafter, the annual salaries of the judges in subsections (1), 783
(2) and (3) shall be fixed at the level of compensation 784
recommended by the State Personnel Board according to the board's 785
most recent report on judicial salaries, as required under Section 786
25-9-115, to the extent that sufficient funds are available. The 787
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annual salaries fixed in accordance with this subsection (4) shall 788
not become effective until the commencement of the next 789
immediately succeeding term of office. 790
(5) The Supreme Court shall prepare a payroll for chancery 791
judges and circuit judges and submit such payroll to the 792
Department of Finance and Administration. 793
(6) The annual salary of the full-time district attorneys 794
shall be: 795
From and after January 1, 2016, through December 31, 2022: 796
One Hundred Twenty-five Thousand Nine Hundred Dollars 797
($125,900.00). 798
From and after January 1, 2023, through December 31, 2025: 799
One Hundred Thirty-four Thousand Four Hundred Dollars 800
($134,400.00). 801
From and after January 1, 2026: 802
Ninety-five percent (95%) of the salary authorized by law for 803
circuit and chancery court judges of this state. 804
(7) The annual salary of the full-time legal assistants 805
shall be not less than Fifteen Thousand Dollars ($15,000.00) nor 806
more than eighty percent (80%) of the salary of the district 807
attorney for legal assistants who have been licensed to practice 808
law for five (5) years or less; eighty-five percent (85%) of the 809
salary of the district attorney for legal assistants who have been 810
licensed to practice law for at least five (5) years but less than 811
fifteen (15) years; and ninety percent (90%) of the salary of the 812
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district attorney for legal assistants who have been licensed to 813
practice law for at least fifteen (15) years or more. 814
SECTION 9. Section 9-1-36, Mississippi Code of 1972, is 815
brought forward as follows: 816
9-1-36. (1) Each circuit judge and chancellor shall receive 817
an office operating allowance for the expenses of operating the 818
office of the judge, including retaining a law clerk, legal 819
research, stenographic help, stationery, stamps, furniture, office 820
equipment, telephone, office rent and other items and expenditures 821
necessary and incident to maintaining the office of judge which 822
may include expenses to travel out of state once per state fiscal 823
year for continuing legal education classes and or seminars if 824
approved by the Chief Justice. The allowance shall be paid only 825
to the extent of actual expenses incurred by the judge as itemized 826
and certified by the judge to the Supreme Court in the amounts set 827
forth in this subsection; however, the judge may expend sums in 828
excess thereof from the compensation otherwise provided for his 829
office. 830
From and after July 1, 2023, the office operating allowance 831
under this subsection shall be Fifteen Thousand Dollars 832
($15,000.00) per annum. 833
(2) In addition to the amounts provided for in subsection 834
(1), there is created a separate office allowance fund for the 835
purpose of providing support staff to judges. This fund shall be 836
managed by the Administrative Office of Courts. 837
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(3) Each judge who desires to employ support staff must have 838
each candidate approved by the Administrative Office of Courts 839
before the positions may be filled. The Administrative Office of 840
Courts shall not approve any hire which does not first require the 841
expenditure of the funds in the support staff fund for 842
compensation of any of the support staff before expenditure is 843
authorized of county funds for that purpose. Upon approval by the 844
Administrative Office of Courts, the judge or judges may appoint 845
the employees to the position or positions, and each employee so 846
appointed will work at the will and pleasure of the judge or 847
judges who appointed him but will be employees of the 848
Administrative Office of Courts. Upon approval by the 849
Administrative Office of Courts, the appointment of any support 850
staff shall be evidenced by the entry of an order on the minutes 851
of the court. When support staff is appointed jointly by two (2) 852
or more judges, the order setting forth any appointment shall be 853
entered on the minutes of each participating court. 854
(4) Support staff shall receive compensation pursuant to 855
personnel policies established by the Administrative Office of 856
Courts. Each judge shall be allotted the amount of One Hundred 857
Thirty Thousand Dollars ($130,000.00) per fiscal year for all 858
support staff approved by the Administrative Office of Courts. 859
The Administrative Office of Courts may approve expenditures 860
from the fund for additional equipment for support staff appointed 861
pursuant to this section in any year in which the allocation per 862
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judge is sufficient to meet the equipment expense after provision 863
for the compensation of the support staff. 864
(5) For the purposes of this section, the following terms 865
have the meaning ascribed in this subsection unless the context 866
clearly requires otherwise: 867
(a) "Judges" means circuit judges and chancellors, or 868
any combination thereof. 869
(b) "Support staff" means court administrators, law 870
clerks, legal research assistants or secretaries, or any 871
combination thereof, but shall not mean school attendance 872
officers. 873
(c) "Compensation" means the gross salary plus all 874
amounts paid for benefits or otherwise as a result of employment 875
or as required by employment; however, only salary earned for 876
services rendered shall be reported and credited for Public 877
Employees' Retirement System purposes. Amounts paid for benefits 878
or otherwise, including reimbursement for travel expenses, shall 879
not be reported or credited for retirement purposes. 880
(d) "Law clerk" means a clerk hired to assist a judge 881
or judges who has a law degree or who is a full-time law student 882
who is making satisfactory progress at an accredited law school. 883
(6) Title to all tangible property, excepting stamps, 884
stationery and minor expendable office supplies, procured with 885
funds authorized by this section, shall be and forever remain in 886
the State of Mississippi to be used by the circuit judge or 887
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chancellor during the term of his office and thereafter by his 888
successors. 889
(7) Any circuit judge or chancellor who did not have a 890
primary office provided by the county on March 1, 1988, shall be 891
allowed an additional Seven Thousand Dollars ($7,000.00) per annum 892
to defray the actual expenses incurred by the judge or chancellor 893
in maintaining an office; however, any circuit judge or chancellor 894
who had a primary office provided by the county on March 1, 1988, 895
and who vacated the office space after that date for a legitimate 896
reason, as determined by the Department of Finance and 897
Administration, shall be allowed the additional office expense 898
allowance provided under this subsection. The county in which a 899
circuit judge or chancellor sits is authorized to provide funds 900
from any available source to assist in defraying the actual 901
expenses to maintain an office. 902
(8) The Supreme Court, through the Administrative Office of 903
Courts, shall submit to the Department of Finance and 904
Administration the itemized and certified expenses for office 905
operating allowances that are directed to the court pursuant to 906
this section. 907
(9) The Supreme Court, through the Administrative Office of 908
Courts, shall have the power to adopt rules and regulations 909
regarding the administration of the office operating allowance 910
authorized pursuant to this section. 911
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SECTION 10. Section 9-9-13, Mississippi Code of 1972, is 912
brought forward as follows: 913
9-9-13. The governing body of any municipality with a 914
population in excess of one hundred thousand (100,000) persons, 915
upon determination that municipal security or efficiency is 916
involved in the judicial process in the handling of appeals from 917
municipal court and of related matters, may contract to supplement 918
the salary of county judicial officers in the county in which such 919
municipality is located in exchange for the surrender by such 920
judicial officers of the right to engage in the practice of law. 921
The salary of such judicial officer so supplemented shall not 922
exceed the salary of circuit or chancery judges in such county or 923
of municipal councilmen, whichever is less. 924
SECTION 11. Section 25-9-115, Mississippi Code of 1972, is 925
brought forward as follows: 926
25-9-115. From and after November 1, 2017, and every four 927
(4) years thereafter, the State Personnel Board shall prepare a 928
written report to the Legislature that examines, evaluates and 929
recommends an adequate level of compensation for the justices of 930
the Supreme Court, the judges of the Court of Appeals, the judges 931
of the chancery and circuit courts, the judges of the county 932
courts, judicial staff attorneys, and law clerks. In preparing 933
the report, the board shall consider all appropriate factors 934
including, but not limited to, comparative judicial, judicial 935
staff attorney, and law clerk salaries in neighboring states and 936
S. B. No. 2890 *SS26/R831CS.1* ~ OFFICIAL ~
26/SS26/R831CS.1
PAGE 39
ST: Judicial System Operation Fund; repeal.
in the Southeast as a whole; comparative judicial, judicial staff 937
attorney, and law clerk salaries in the federal judiciary; 938
salaries of comparable professionals in government, academia, 939
private law practice and the corporate sector; changes in public 940
sector spending; rates of inflation; and the overall economic 941
climate. 942
SECTION 12. This act shall take effect and be in force from 943
and after July 1, 2026. 944