Struck = removed from the bill ยท
added = the amendment's new text.
MISSISSIPPIAdopted LEGISLATURECOMMITTEE REGULARAMENDMENT SESSIONNO 20251 By:PROPOSED TO House Bill No.
Representatives1366 Hood,BY: Horan To:
JudiciaryCommittee A;Amend by striking all after the enacting clause and inserting in lieu thereof the following:
Appropriations A HOUSE BILL NO.
1366 (As Passed the House) AN ACT TO AMEND SECTION 9-1-36, MISSISSIPPI CODE OF 1972, TO REVISE HOW CIRCUIT AND CHANCERY JUDGES MAY USE THEIR OFFICE EXPENSE ALLOWANCES;
TO BRING FORWARD SECTIONS 25-7-9 AND 25-7-13, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE COMPREHENSIVE ELECTRONIC COURT SYSTEMS FUND, FOR PURPOSES OF AMENDMENT;
AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
This may include expenses to travel out of state once per state fiscal year for continuing legal 25/SS36/HB1366A.J *SS36/HB1366A.J* PAGE 1 education classes and or seminars if approved by the Chief Justice.
In addition to the once per fiscal year outout-of-state of state travel for continuing legal education classes and or seminars, the H.allowance may be used for out-of-state travel to The Mississippi Bar Convention if no other funds are available.
B.
No.
1366 *HR43/R1962PH* ~ OFFICIAL ~ G1/2 25/HR43/R1962PH PAGE 1 (GT\KP) allowance may be used for out of state travel to the Mississippi Bar Convention if no other funds are available.
*From *and *after TheJuly 1, 2023, the office operating allowance under this subsection shall be Fifteen Thousand Dollars ($15,000.00) per annum.
Any(2) circuitIn judgeaddition orto chancellorthe whoamounts does not have suitable primary office space provided byfor the county in whichsubsection he(1), orthere she resides, is allowedcreated ana additionalseparate Sevenoffice Thousandallowance Dollarsfund ($7,000.00)for per annum to defray the actualpurpose expensesof incurredproviding bysupport thestaff judgeto orjudges. chancellor in maintaining an office.
Whether primary office space offered by a county is suitable for the needs of the circuit judge or chancellor to whom it is offered, is left to the sound discretion of the circuit judge or chancellor.
Any county in which a circuit judge or chancellor to whom it is offered, is left to the sound discretion of the circuit judge or chancellor.
Any county in which a circuit judge or chancellor sits is authorized to provide funds from any available source to assist in defraying the actual expenses to maintain an office.
(2) In addition to the amounts provided for in subsection (1), there is created a separate office allowance fund for the H.
B.
No.
1366 *HR43/R1962PH* ~ OFFICIAL ~ 25/HR43/R1962PH PAGE 2(GT\KP) purpose of providing support staff to judges.
Upon approval by the Administrative Office of Courts, the judge or judges may appoint 25/SS36/HB1366A.J *SS36/HB1366A.J* PAGE 2 the employees to the position or positions, and each employee so appointed will work at the will and pleasure of the judge or judges who appointed him but will be employees of the Administrative Office of Courts.
(4) Support staff shall receive compensation pursuant to personnel policies established by the Administrative Office of Courts,Courts. provided however, that the salary range for any staff member that is authorized to practice law in the State of Mississippi shall be the same as provided for in Section 25-3-35(7) for assistant district attorneys.
Each judge shall be H.allotted the amount of One Hundred Thirty Thousand Dollars ($130,000.00) per fiscal year for all support staff approved by the Administrative Office of Courts.
B.
No.
1366 *HR43/R1962PH* ~ OFFICIAL ~ 25/HR43/R1962PH PAGE 3(GT\KP) allotted the amount of One Hundred Thirty Thousand Dollars ($130,000.00) per fiscal year for all support staff approved by the Administrative Office of Courts.
25/SS36/HB1366A.J *SS36/HB1366A.J* PAGE 3 (b) "Support staff" means court administrators, law clerks, legal research assistants or secretaries, or any combination thereof, but shall not mean school attendance officers.
H.(d) "Law clerk" means a clerk hired to assist a judge or judges who has a law degree or who is a full-time law student who is making satisfactory progress at an accredited law school.
B.
No.
1366 *HR43/R1962PH* ~ OFFICIAL ~ 25/HR43/R1962PH PAGE 4(GT\KP) (d) "Law clerk" means a clerk hired to assist a judge or judges who has a law degree or who is a full-time law student who is making satisfactory progress at an accredited law school.
*(7) *Any *circuit (judge *or *chancellor *7)who Thedid Supremenot Court,have througha theprimary Administrativeoffice Officeprovided ofby Courts,the shallcounty submiton toMarch the1, Department1988, ofshall Financebe andallowed Administrationan theadditional itemizedSeven andThousand certifiedDollars expenses($7,000.00) forper officeannum operatingto allowancesdefray thatthe areactual directedexpenses toincurred by the courtjudge pursuantor tochancellor thisin section.maintaining an office;
(however, *any *circuit *8)judge Theor Supremechancellor Court,25/SS36/HB1366A.J through*SS36/HB1366A.J* thePAGE Administrative4 Officewho ofhad Courts,a *primary *office *provided mayby adoptthe advisorycounty ruleson andMarch regulations1, to1988, assistand who vacated the circuitoffice judgesspace andafter chancellorsthat regardingdate for a legitimate reason, as determined by the administrationDepartment of Finance and Administration, shall be allowed the additional office operatingexpense allowance authorizedprovided pursuantunder to this section.subsection.
However,The thecounty circuitin andwhich chancerya courtcircuit judgesjudge shallor determinechancellor thesits needsis ofauthorized theirto respectiveprovide officesfunds andfrom howany theavailable officesource operatingto allowancesassist providedin todefraying themthe areactual expenses to bemaintain expended.an office.
(9)(8) AnyThe officeSupreme allowanceCourt, fundsthrough providedthe forAdministrative inOffice subsectionof (1)Courts, thatshall aresubmit notto spentthe inDepartment of Finance and Administration the budgetitemized yearand incertified whichexpenses theyfor wereoffice H.operating allowances that are directed to the court pursuant to this section.
B.(9) The Supreme Court, through the Administrative Office of Courts, shall have the power to adopt rules and regulations regarding the administration of the office operating allowance authorized pursuant to this section.
No.
1366 *HR43/R1962PH* ~ OFFICIAL ~ 25/HR43/R1962PH PAGE 5(GT\KP) appropriated shall carryover and be available for use in the succeeding or succeeding budget years.
(a) For the act of certifying copies of filed documents, for each complete document...................$ 1.00 25/SS36/HB1366A.J *SS36/HB1366A.J* PAGE 5 (b) (i) Recording each deed, will, lease, amendment, subordination, lien, release, cancellation, order, decree, oath, etc., per book and page listed where applicable, each deed of trust, or any other document, for the first five (5) pages...................................................$ 25.00 (ii) Each additional page...............$ 1.00 (c) (i) Recording oil and gas leases, cancellations, etc., including indexing in general indices;
for the first five (5) pages...............................................$ 25.00 (ii) Recording each oil and gas assignment, amendment of assignment, release, etc., first five (5) pages...................................................$ 25.00 per additional assignee.................................$ 18.00 (iii) Each additional page..............$ 1.00 H.(iv) Sectional index entries per section or subdivision lot.........................................$ 1.00 (v) Archive fee.........................$ 1.00 (vi) Entering marginal notations, if requested on document or by cover letter, pertaining to the recording of any oil and gas document only per book and page.............$ 4.00 (d) (i) Furnishing copies of any papers of record or on file:
B.If performed by the clerk or his employee, per page................................................$ .50 If performed by any other person, 25/SS36/HB1366A.J *SS36/HB1366A.J* PAGE 6 per page................................................$ .25 (ii) Entering marginal notations on documents of record.....................................$ 1.00 (e) For attending the board of supervisors' meeting, an annual sum not exceeding................................$ 2,500.00 (f) For other services as clerk of the board of supervisors an allowance shall be made to him (payable semiannually at the July and January meetings) out of the county treasury, an annual sum not exceeding...................$ 5,500.00 (g) For each day's attendance on the chancery court, to be approved by the chancellor:
No.For the first chancellor sitting only, clerk and two (2) deputies, each....................................................$ 85.00 For the second chancellor sitting, clerk only...........$ 85.00 Provided that the fees herein prescribed shall be the total remuneration for the clerk and his deputies for attending chancery court.
1366 *HR43/R1962PH* ~ OFFICIAL ~ 25/HR43/R1962PH PAGE 6(GT\KP) (iv) Sectional index entries per section or subdivision lot.........................................$ 1.00 (v) Archive fee.........................$ 1.00 (vi) Entering marginal notations, if requested on document or by cover letter, pertaining to the recording of any oil and gas document only per book and page.............$ 4.00 (d) (i) Furnishing copies of any papers of record or on file:
If performed by the clerk or his employee, per page................................................$ .50 If performed by any other person, per page................................................$ .25 (ii) Entering marginal notations on documents of record.....................................$ 1.00 (e) For attending the board of supervisors' meeting, an annual sum not exceeding................................$ 2,500.00 (f) For other services as clerk of the board of supervisors an allowance shall be made to him (payable semiannually at the July and January meetings) out of the county treasury, an annual sum not exceeding...................$ 5,500.00 (g) For each day's attendance on the chancery court, to be approved by the chancellor:
For the first chancellor sitting only, clerk and two (2) deputies, each....................................................$ 85.00 For the second chancellor sitting, clerk only...........$ 85.00 H.
B.
No.
1366 *HR43/R1962PH* ~ OFFICIAL ~ 25/HR43/R1962PH PAGE 7(GT\KP) Provided that the fees herein prescribed shall be the total remuneration for the clerk and his deputies for attending chancery court.
(i) For public service not otherwise specifically provided for, the chancery court may by order allow the clerk to be paid by the county on the order of the board of supervisors, an annual sum not exceeding................................$ 5,000.00 25/SS36/HB1366A.J *SS36/HB1366A.J* PAGE 7 (j) For each civil filing, to be deposited into the Civil Legal Assistance Fund.............................$ 5.00 The chancery clerk shall itemize on the original document a detailed fee bill of all charges due or paid for filing, recording and abstracting same.
(2) The following fee shall be a total fee for all services performed by the clerk with respect to any civil case filed that includes, but is not limited to, divorce, alteration of birth or marriage certificate, removal of minority, guardianship or conservatorship, estate of deceased, adoption that does not involve the Department of Child Protection Services, land dispute injunction, settlement of small claim, contempt, modification, partition suit, or commitment, which shall be payable upon filing H.and shall accrue to the chancery clerk at the time of filing.
B.
No.
1366 *HR43/R1962PH* ~ OFFICIAL ~ 25/HR43/R1962PH PAGE 8(GT\KP) and shall accrue to the chancery clerk at the time of filing.
(a) An additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14.................................................$ 10.00 (b) An additional fee to be deposited to the credit of the Judicial System Operation Fund established in Section 9-21-45.........................................$ 40.00 25/SS36/HB1366A.J *SS36/HB1366A.J* PAGE 8 (4) Cost of process shall be borne by the issuing party.
(a) For the act of certifying copies of filed documents, for each complete document...................$ 1.00 H.(b) (i) Recording each deed, will, lease, amendment, subordination, lien, release, cancellation, order, decree, oath, etc., per book and page listed where applicable, each deed of trust, or any other document, for the first five (5) pages...................................................$ 25.00 (ii) Each additional page...............$ 1.00 (c) (i) Recording oil and gas leases, cancellations, etc., including indexing in general indices;
B.for the first five (5) pages...............................................$ 25.00 25/SS36/HB1366A.J *SS36/HB1366A.J* PAGE 9 (ii) Recording each oil and gas assignment, amendment of assignment, release, etc., first five (5) pages...................................................$ 25.00 per additional assignee.................................$ 18.00 (iii) Each additional page..............$ 1.00 (iv) Sectional index entries per section or subdivision lot.........................................$ 1.00 (v) Archive fee.........................$ 1.00 (vi) Entering marginal notations, if requested on document or by cover letter, pertaining to the recording of any oil and gas document only per book and page.............$ 4.00 (d) (i) Furnishing copies of any papers of record or on file:
No.If performed by the clerk or his employee, per page................................................$ .50 If performed by any other person, per page................................................$ .25 (ii) Entering marginal notations on documents of record.....................................$ 1.00 (e) For attending the board of supervisors' meeting an annual sum not exceeding................................$ 5,000.00 (f) For other services as clerk of the board of supervisors an allowance shall be made to him (payable semiannually at the July and January meetings) out of the county treasury, an annual sum not exceeding...................$10,000.00 25/SS36/HB1366A.J *SS36/HB1366A.J* PAGE 10 (g) For each day's attendance on the chancery court, to be approved by the chancellor:
1366 *HR43/R1962PH* ~ OFFICIAL ~ 25/HR43/R1962PH PAGE 9(GT\KP) (b) (i) Recording each deed, will, lease, amendment, subordination, lien, release, cancellation, order, decree, oath, etc., per book and page listed where applicable, each deed of trust, or any other document, for the first five (5) pages...................................................$ 25.00 (ii) Each additional page...............$ 1.00 (c) (i) Recording oil and gas leases, cancellations, etc., including indexing in general indices;
for the first five (5) pages...............................................$ 25.00 (ii) Recording each oil and gas assignment, amendment of assignment, release, etc., first five (5) pages...................................................$ 25.00 per additional assignee.................................$ 18.00 (iii) Each additional page..............$ 1.00 (iv) Sectional index entries per section or subdivision lot.........................................$ 1.00 (v) Archive fee.........................$ 1.00 (vi) Entering marginal notations, if requested on document or by cover letter, pertaining to the recording of any oil and gas document only per book and page.............$ 4.00 (d) (i) Furnishing copies of any papers of record or on file:
If performed by the clerk or his employee, per page................................................$ .50 If performed by any other person, H.
B.
No.
1366 *HR43/R1962PH* ~ OFFICIAL ~ 25/HR43/R1962PH PAGE 10(GT\KP) per page................................................$ .25 (ii) Entering marginal notations on documents of record.....................................$ 1.00 (e) For attending the board of supervisors' meeting an annual sum not exceeding................................$ 5,000.00 (f) For other services as clerk of the board of supervisors an allowance shall be made to him (payable semiannually at the July and January meetings) out of the county treasury, an annual sum not exceeding...................$10,000.00 (g) For each day's attendance on the chancery court, to be approved by the chancellor:
(i) For public service not otherwise specifically provided for, the chancery court may by order allow the clerk to be paid by the county on the order of the board of supervisors, an annual sum not exceeding................................$ 5,000.00 H.(j) For each civil filing, to be deposited into the Civil Legal Assistance Fund.............................$ 5.00 The chancery clerk shall itemize on the original document a detailed fee bill of all charges due or paid for filing, recording and abstracting same.
B.
No.
1366 *HR43/R1962PH* ~ OFFICIAL ~ 25/HR43/R1962PH PAGE 11(GT\KP) (j) For each civil filing, to be deposited into the Civil Legal Assistance Fund.............................$ 5.00 The chancery clerk shall itemize on the original document a detailed fee bill of all charges due or paid for filing, recording and abstracting same.
(2) The following fee shall be a total fee for all services performed by the clerk with respect to any civil case filed that includes, but is not limited to, divorce, alteration of birth or 25/SS36/HB1366A.J *SS36/HB1366A.J* PAGE 11 marriage certificate, removal of minority, guardianship or conservatorship, estate of deceased, adoption that does not involve the Department of Child Protection Services, land dispute injunction, settlement of small claim, contempt, modification, partition suit, or commitment, which shall be payable upon filing and shall accrue to the chancery clerk at the time of filing.
(a) An additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14.........................................$ 10.00 (b) An additional fee to be deposited to the credit of the Judicial System Operation Fund established in Section 9-21-45.........................................$ 40.00 H.(4) Cost of process shall be borne by the issuing party.
B.
No.
1366 *HR43/R1962PH* ~ OFFICIAL ~ 25/HR43/R1962PH PAGE 12(GT\KP) (4) Cost of process shall be borne by the issuing party.
25/SS36/HB1366A.J *SS36/HB1366A.J* PAGE 12 SECTION 3.
The clerk or his H.successor in office shall perform all duties set forth above without additional compensation or fee.
B.(b) Docketing and filing each motion to renew judgment, notice of renewal of judgment, suggestion for a writ of garnishment, suggestion for a writ of execution and judgment debtor actions and issuing all process, filing and recording orders or other papers and swearing witnesses............$ 35.00 (c) For every civil case filed, an additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14..............$ 10.00 25/SS36/HB1366A.J *SS36/HB1366A.J* PAGE 13 (d) For every civil case filed, an additional fee to be deposited to the credit of the Judicial System Operation Fund established in Section 9-21-45...........................$ 40.00 (2) Except as provided in subsection (1) of this section, the clerks of the circuit court shall charge the following fees:
No.
1366 *HR43/R1962PH* ~ OFFICIAL ~ 25/HR43/R1962PH PAGE 13(GT\KP) successor in office shall perform all duties set forth above without additional compensation or fee.
(b) Docketing and filing each motion to renew judgment, notice of renewal of judgment, suggestion for a writ of garnishment, suggestion for a writ of execution and judgment debtor actions and issuing all process, filing and recording orders or other papers and swearing witnesses............$ 35.00 (c) For every civil case filed, an additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14..............$ 10.00 (d) For every civil case filed, an additional fee to be deposited to the credit of the Judicial System Operation Fund established in Section 9-21-45...........................$ 40.00 (2) Except as provided in subsection (1) of this section, the clerks of the circuit court shall charge the following fees:
First page...............................................$ 2.00 H.Each additional page.....................................$ 1.00 (f) Furnishing copies of any papers of record or on file and entering marginal notations on documents of record:
B.If performed by the clerk or his employee, per page .........................................................$ 1.00 If performed by any other person, per page.....$ .25 (g) Judgment roll entry.......................$ 5.00 (h) Taxing cost and certificate...............$ 1.00 (i) For taking and recording application for marriage license, for filing and recording consent of parents when required 25/SS36/HB1366A.J *SS36/HB1366A.J* PAGE 14 by law, for filing and recording medical certificate, filing and recording proof of age, recording and issuing license, recording and filing returns.......................................$ 35.00 The clerk shall deposit Fourteen Dollars ($14.00) of each fee collected for a marriage license in the Victims of Domestic Violence Fund established in Section 93-21-117, on a monthly basis.
No.
1366 *HR43/R1962PH* ~ OFFICIAL ~ 25/HR43/R1962PH PAGE 14(GT\KP) Each additional page.....................................$ 1.00 (f) Furnishing copies of any papers of record or on file and entering marginal notations on documents of record:
If performed by the clerk or his employee, per page .........................................................$ 1.00 If performed by any other person, per page.....$ .25 (g) Judgment roll entry.......................$ 5.00 (h) Taxing cost and certificate...............$ 1.00 (i) For taking and recording application for marriage license, for filing and recording consent of parents when required by law, for filing and recording medical certificate, filing and recording proof of age, recording and issuing license, recording and filing returns.......................................$ 35.00 The clerk shall deposit Fourteen Dollars ($14.00) of each fee collected for a marriage license in the Victims of Domestic Violence Fund established in Section 93-21-117, on a monthly basis.
(k) For public service not particularly provided for, the circuit court may allow the clerk, per annum, to be paid by the county on presentation of the circuit court's order, the following amount.........................................$5,000.00 H.However, in the counties having two (2) judicial districts, such above allowance shall be made for each judicial district.
B.(l) For drawing jurors and issuing venire, to be paid by the county............................................$ 5.00 (m) For each day's attendance upon the circuit court term, for himself and necessary deputies allowed by the court, each to be paid by the county............................$ 75.00 (n) Summons, each juror to be paid by the county upon the allowance of the court...............................$ 1.00 25/SS36/HB1366A.J *SS36/HB1366A.J* PAGE 15 (o) For issuing each grand jury subpoena, to be paid by the county on allowance by the court, not to exceed Twenty-five Dollars ($25.00) in any one (1) term of court.....................
No.
1366 *HR43/R1962PH* ~ OFFICIAL ~ 25/HR43/R1962PH PAGE 15(GT\KP) However, in the counties having two (2) judicial districts, such above allowance shall be made for each judicial district.
(l) For drawing jurors and issuing venire, to be paid by the county............................................$ 5.00 (m) For each day's attendance upon the circuit court term, for himself and necessary deputies allowed by the court, each to be paid by the county............................$ 75.00 (n) Summons, each juror to be paid by the county upon the allowance of the court...............................$ 1.00 (o) For issuing each grand jury subpoena, to be paid by the county on allowance by the court, not to exceed Twenty-five Dollars ($25.00) in any one (1) term of court.....................
In counties having two (2) judicial H.districts, such allowance shall be made in each judicial district;
B.
No.
1366 *HR43/R1962PH* ~ OFFICIAL ~ 25/HR43/R1962PH PAGE 16(GT\KP) districts, such allowance shall be made in each judicial district;
25/SS36/HB1366A.J *SS36/HB1366A.J* PAGE 16 (5) The clerk of the circuit court may retain as his commission on all money coming into his hands, by law or order of the court, a sum to be fixed by the court not exceeding one-half of one percent (1/2 of 1%) on all such sums.
H.SECTION 4.
B.This act shall take effect and be in force from and after July 1, 2025.
No.Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
1366AN *HR43/R1962PH*ACT ~TO OFFICIALAMEND ~SECTION 25/HR43/R1962PH9-1-36, PAGEMISSISSIPPI 17(GT\KP)CODE SECTIONOF 4.1972, TO AUTHORIZE CIRCUIT AND CHANCERY JUDGES TO USE THEIR OFFICE EXPENSE ALLOWANCES FOR OUT-OF-STATE TRAVEL TO THE MISSISSIPPI BAR CONVENTION IF NO OTHER FUNDS ARE AVAILABLE;
ThisTO actBRING shallFORWARD takeSECTIONS effect25-7-9 andAND be25-7-13, inMISSISSIPPI forceCODE fromOF and1972, afterWHICH JulyPROVIDE 1,FOR 2025,THE andCOMPREHENSIVE shallELECTRONIC standCOURT repealedSYSTEMS onFUND, JuneFOR 30,PURPOSES 2025.OF AMENDMENT;
H.AND FOR RELATED PURPOSES.
B.25/SS36/HB1366A.J *SS36/HB1366A.J* PAGE 17
No.
1366 *HR43/R1962PH* ~ OFFICIAL ~ 25/HR43/R1962PH ST:
Judicial office allowance and court fees;
PAGE 18 (GT\KP) revise.