MCA Chapter 7

MCA Chapter 7
in effect

Miss. Code Ann. § 9-7-1 Judges; election; holding of terms of court; term of office; residence.

A circuit judge shall be elected for and from each circuit court district and the listing of individual precincts shall be those precincts as they existed on October 1, 1990. He may hold court in any other district with the consent of the judge thereof, when in their opinion the public interest may require. The terms of all circuit judges hereafter elected shall begin on the first day of January 1931 and their terms of office shall continue for four (4) years. A circuit judge shall be a resident of the district in which he or she serves but shall not be required to be a resident of a subdistrict if the district is divided into subdistricts.

Miss. Code Ann. § 9-7-3 Circuit court districts and terms of court; number of judges; powers and duties of judges.

The state is divided into an appropriate number of circuit court districts severally numbered and composed of the counties as set forth in the sections which follow. A court to be styled “The Circuit Court of the County of_______________ ” shall be held in each county, and within each judicial district of a county having two (2) judicial districts, at least twice a year. Court shall be held in circuit court districts consisting of a single county on the same dates state agencies and political subdivisions are open for business excluding legal holidays. The dates upon which terms shall commence and the number of days for which the terms shall continue in circuit court districts consisting of more than one (1) county shall be set by order of the circuit court judge in accordance with the provisions of subsection (2) of this section. A matter in court may extend past a term if the interest of justice so requires. An order establishing the commencement and continuation of terms of court for each of the counties within a circuit court district consisting of more than one (1) county shall be entered annually and not later than October 1 of the year immediately preceding the calendar year for which the terms of court are to become effective. Notice of the dates upon which the terms of court shall commence and the number of days for which the terms shall continue in each of the counties within a circuit court district shall be posted in the office of the circuit clerk of each county within the district and mailed to the office of the Secretary of State for publication and distribution to all Mississippi Bar members. If an order is not timely entered, the terms of court for each of the counties within any circuit court district shall remain unchanged for the next calendar year.A certified copy of any order entered under the provisions of this subsection shall, immediately upon the entry thereof, be delivered to the clerk of the board of supervisors in each of the counties within the circuit court district. The number of judges in each circuit court district shall be determined by the Legislature based upon the following criteria: The population of the district; The number of cases filed in the district; The case load of each judge in the district; The geographic area of the district; An analysis of the needs of the district by the court personnel of the district; and Any other appropriate criteria. The Judicial College of the University of Mississippi Law Center and the Administrative Office of Courts shall determine the appropriate: Specific data to be collected as a basis for applying the above criteria; Method of collecting and maintaining the specified data; and Method of assimilating the specified data. In a district having more than one (1) office of circuit judge, there shall be no distinction whatsoever in the powers, duties and emoluments of those offices except that the judge who has been for the longest time continuously a judge of that court or, should no judge have served longer in office than the others, the judge who has been for the longest time a member of The Mississippi Bar, shall be the senior judge. The senior judge shall have the right to assign causes and dockets and to set terms in districts consisting of more than one (1) county. A circuit court judge shall have the right to assign criminal matters to county court as provided in Section 9-9-21.

Miss. Code Ann. § 9-7-5 First district; composition.

The First Circuit Court District is composed of the following counties: Alcorn County; Itawamba County; Lee County; Monroe County; Pontotoc County; Prentiss County; and Tishomingo County.

Miss. Code Ann. § 9-7-7 First district; number of judges.

There shall be four (4) judges for the First Circuit Court District. The four (4) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One,” “Place Two,” “Place Three” and “Place Four.” The judge to fill Place One must reside in Alcorn, Prentiss or Tishomingo County. The judges to fill Place Two and Place Three must reside in Itawamba, Lee, Monroe or Pontotoc County. The judge to fill Place Four may be a resident of any county in the district. Election of the four (4) offices of judge shall be by election to be held in every county within the First Circuit Court District.

Miss. Code Ann. § 9-7-9 Second district; composition.

The Second Circuit Court District is composed of the following counties: Hancock County; Harrison County; and Stone County.

Miss. Code Ann. § 9-7-11 Second district; number and election of judges.

There shall be four (4) judges for the Second Circuit Court District. The four (4) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One,” “Place Two,” “Place Three” and “Place Four.”

Miss. Code Ann. § 9-7-13 Third district; composition.

The Third Circuit Court District is composed of the following counties: Benton County; Calhoun County; Chickasaw County; Lafayette County; Marshall County; Tippah County; and Union County.

Miss. Code Ann. § 9-7-14 Third district; number of judges.

There shall be three (3) judges for the Third Circuit Court District. The three (3) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One,” “Place Two” and “Place Three.”

Miss. Code Ann. § 9-7-15 Fourth district; composition; divisions; local contributions for support of court.

The Fourth Circuit Court District shall be composed of the following counties: Leflore County; Sunflower County; and Washington County. The Fourth Circuit Court District shall be divided into four (4) subdistricts as follows: Subdistrict 4-1 shall consist of the following precincts in the following counties: Leflore County: Minter City, North Greenwood, Money, Northeast Greenwood, Schlater, West Greenwood, Mississippi Valley State University and Southeast Greenwood Precincts; and Sunflower County: Ruleville, Rome, Sunflower Plantation, Drew, Doddsville, Boyer-Linn, Fairview-Hale and Ruleville North Precincts. Subdistrict 4-2 shall consist of the following precincts in the following counties: Sunflower County: Indianola 1, Sunflower, Indianola 3 North, Indianola 3 South and Indianola 3 Northeast Precincts; and Washington County: Extension Building, Faith Lutheran Church, American Legion, Metcalfe City Hall, Elks Club, Leland Health Department Clinic, Leland Light and Water Plant and Greenville Industrial College Precincts. Subdistrict 4-3 shall consist of the following precincts in the following counties: Leflore County: East Greenwood Sub-A, East Greenwood Sub-B, Central Greenwood, North Itta Bena, South Itta Bena, Southwest Greenwood, Rising Sun, Sidon, Morgan City, Swiftown and South Greenwood Precincts; Sunflower County: Moorhead, Inverness, Indianola 2 West and Indianola 2 East Precincts; and Washington County: Arcola City Hall, Hollandale City Hall, Darlove Baptist Church and Mangelardi Bourbon Store Precincts. Subdistrict 4-4 shall consist of the following precincts in Washington County: St. James Episcopal Church, Swiftwater Baptist Church, Glen Allan Health Clinic, Italian Club, Ward’s Recreation Center, Buster Brown Community Center, Avon Health Center, Kapco Company, Brent Center, William Percy Library and Grace Methodist Church Precincts. The local contributions required for the maintenance of the Fourth Circuit Court District shall be paid on a pro rata basis each by Leflore, Sunflower and Washington Counties.

Miss. Code Ann. § 9-7-17 Fourth district; number and election of judges.

There shall be four (4) circuit judges for the Fourth Circuit Court District. One (1) circuit judge shall be elected from each subdistrict.

Miss. Code Ann. § 9-7-18 Repealed.

Repealed by Laws, 1994, ch 564, § 101, eff from and after January 1, 1995. § 9-7-18 . [Laws, 1989, ch. 378, § 1, eff from and after July 1, 1989]. Editor’s Notes — The United States Attorney General, by letter dated September 6, 1994, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the repeal of this section by Laws of 1994, ch. 564. Former § 9-7-18 was entitled: Creation of office of magistrate of the circuit court of the fourth circuit court district.

Miss. Code Ann. § 9-7-19 Fifth district; composition.

The Fifth Circuit Court District is composed of the following counties: Attala County; Carroll County; Choctaw County; Grenada County; Montgomery County; Webster County; and Winston County.

Miss. Code Ann. § 9-7-20 Fifth district; number of judges.

There shall be two (2) judges for the Fifth Circuit Court District. The two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One” and “Place Two.”

Miss. Code Ann. § 9-7-21 Sixth district; composition; divisions; number and election of judges.

The Sixth Circuit Court District is composed of the following counties: Adams County; Amite County; Franklin County; and Wilkinson County. The Sixth Circuit Court District shall be divided into two (2) subdistricts as follows: Subdistrict 6-1 shall consist of Wilkinson County and the following precincts in the following counties: Adams County: Airport, By-Pass Fire Station, Carpenter, Concord*, Courthouse*, Duncan Park*, Foster Mound, Maryland*, Northside School, Pine Ridge, Thompson and Washington*; and Amite County: Ariel, Berwick, Crosby, East Centreville, East Gloster*, Gloster*, Homochitto, South Liberty* and Street. Subdistrict 6-2 shall consist of Franklin County and the following precincts in the following counties: Adams County: Beau Pre, Bellemont, Concord*, Convention Center, Courthouse*, Duncan Park*, Kingston, Liberty Park, Maryland*, Morgantown, Oakland, Palestine and Washington*; and Amite County: Amite River, East Fork, East Gloster*, East Liberty, Gloster*, Liberty, New Zion, Oneil, Riceville, Smithdale, South Liberty*, Tangipahoa, Tickfaw, Walls and Zion Hills. There shall be two (2) judges for the Sixth Circuit Court District. The two (2) judgeships shall be separate and distinct. One (1) judge shall be elected from each subdistrict.

Miss. Code Ann. § 9-7-23 Seventh district; composition; divisions.

The Seventh Circuit Court District shall be Hinds County. The Seventh Circuit Court District shall be divided into four (4) subdistricts in Hinds County as follows: Subdistrict 7-1 shall consist of the following precincts in Hinds County: 1, 2, 4, 5, 6, 8, 9, 10, 32, 33, 34, 35, 36, 44, 45, 46, 47, 72, 73, 74, 75, 76, 77, 78, 79, 92, 93, 96 and 97. Subdistrict 7-2 shall consist of the following precincts in Hinds County: 11, 12, 13, 14, 15, 16, 17, 23, 27, 28, 29, 30 , 37, 38, 39, 40, 41, 42, 43, 80, 81, 82, 83, 84, 85, Brownsville, Cynthia, Pocahontas and Tinnin. Subdistrict 7-3 shall consist of the following precincts in Hinds County: 18, 19, 20, 21, 22, 24, 25, 26, 31, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63 , 64, 66, 67, 68, 69, 70, 71, 86, 89, and Jackson State. Subdistrict 7-4 shall consist of the following precincts in Hinds County: 87, 88, 90 , 91, 94, 95, Bolton, Byram 1, Byram 2, Cayuga, Chapel Hill, Clinton 1, Clinton 2, Clinton 3, Clinton 4, Clinton 5, Clinton 6, Dry Grove, Edwards, Learned, Old Byram, Pinehaven, Raymond 1, Raymond 2, Spring Ridge, St. Thomas, Terry, Utica 1 and Utica 2.

Miss. Code Ann. § 9-7-25 Seventh district; number and election of judges; powers and duties of judges.

There shall be four (4) circuit judges for the Seventh Circuit Court District. One (1) judge shall be elected from each subdistrict. While there shall be no limitation whatsoever upon the powers and duties of the said judges other than as cast upon them by the Constitution and laws of this state, the court in the First Judicial District of Hinds County, in the discretion of the senior circuit judge, may be divided into civil and criminal divisions as a matter of convenience, by the entry of an order upon the minutes of the court.

Miss. Code Ann. § 9-7-27 Eighth district; composition.

The Eighth Circuit Court District is composed of the following counties: Leake County; Neshoba County; Newton County; and Scott County. There shall be two (2) judges for the Eighth Circuit Court District. The two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One” and “Place Two.”

Miss. Code Ann. § 9-7-29 Ninth district; composition; divisions.

The Ninth Circuit Court District is composed of the following counties: Issaquena County; Sharkey County; and Warren County. The Ninth Circuit Court District shall be divided into two (2) subdistricts as follows: Subdistrict 9-1 shall consist of Issaquena County, Sharkey County and the following precincts in Warren County: 3-61 Store*, American Legion Hall, Auditorium, Brunswick, Cedar Grove*, Kings*, Number 7 Fire Station*, St. Aloysius and Vicksburg Junior High School*. Subdistrict 9-2 shall consist of the following precincts in Warren County: 3-61 Store*, Beechwood, Bovina, Cedar Grove*, Culkin, Elks Lodge, Goodrum, Jett, Kings*, Moose Lodge, Number 7 Fire Station*, Oak Ridge, Plumbers Hall, Redwood, Tingleville, Vicksburg Junior High School*, YMCA and Yokena.

Miss. Code Ann. § 9-7-30 Ninth district; number and election of judges.

There shall be two (2) judges for the Ninth Circuit Court District. One (1) judge shall be elected from each subdistrict.

Miss. Code Ann. § 9-7-31 Tenth district; composition.

The Tenth Circuit Court District is composed of the following counties: Clarke County; Kemper County; Lauderdale County; and Wayne County.

Miss. Code Ann. § 9-7-32 Tenth district; number of judges.

There shall be two (2) judges for the Tenth Circuit Court District. The two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One” and “Place Two.”

Miss. Code Ann. § 9-7-33 Eleventh district; composition; divisions.

The Eleventh Circuit Court District is composed of the following counties: Bolivar County; Coahoma County; Quitman County; and Tunica County. The Eleventh Circuit Court District shall be divided into three (3) subdistricts as follows: Subdistrict 11-1 shall consist of the following precincts from the following counties: Bolivar County: Benoit, Beulah, Boyle, Choctaw, Cleveland Courthouse, East Central Cleveland*, East Cleveland*, East Rosedale, Gunnison, Longshot, North Cleveland, Northwest Cleveland*, Pace, Scott, Shaw, Skene, South Cleveland*, Stringtown, West Central Cleveland, West Cleveland and West Rosedale; and Coahoma County: Bobo, Clarksdale 2-4*, Clarksdale 5-4*, Farrell*, Rena Lara and Sherard*. Subdistrict 11-2 shall consist of the following precincts from the following counties: Bolivar County: Cleveland Eastgate, Duncan/Alligator, East Central Cleveland*, East Cleveland*, Merigold, Mound Bayou, Northwest Cleveland*, Renova, Shelby, South Cleveland* and Winstonville; Coahoma County: Cagle Crossing, Clarksdale 1-4*, Clarksdale 3-3, Clarksdale 3-4, Clarksdale 4-2, Clarksdale 4-3, Dublin and Roundaway; and Quitman County: Belen*, District 3 South*, Lambert, Northwest Marks, Southwest Marks and West Lambert. Subdistricts 11-3 shall consist of Tunica County and the following precincts in the following counties: Coahoma County: Clarksdale 1-4*, Clarksdale 2-4*, Clarksdale 5-4*, Coahoma, Farrell*, Friar’s Point, Jonestown, Lula, Lyon and Sherard*; and Quitman County: Belen*, Crenshaw, Crowder, Darling, District 3 North, District 3 South* and Sledge.

Miss. Code Ann. § 9-7-34 Eleventh district; number and election of judges.

There shall be three (3) judges for the Eleventh Circuit Court District. One (1) judge shall be elected from each subdistrict.

Miss. Code Ann. § 9-7-35 Twelfth district; composition.

The Twelfth Circuit Court District is composed of the following counties: Forrest County; and Perry County. There shall be two (2) judges for the Twelfth Circuit Court District. The two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One” and “Place Two.”

Miss. Code Ann. § 9-7-37 Thirteenth district; composition.

The Thirteenth Circuit Court District is composed of the following counties: Covington County; Jasper County; Simpson County; and Smith County. There shall be two (2) judges for the Thirteenth Circuit Court District. The two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One” and “Place Two.”

Miss. Code Ann. § 9-7-39 Fourteenth district; composition; number of judges.

The Fourteenth Circuit Court District is composed of the following counties: Lincoln County; Pike County; and Walthall County. There shall be two (2) judges for the Fourteenth Circuit Court District. The two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One” and “Place Two.”

Miss. Code Ann. § 9-7-41 Fifteenth district; composition.

The Fifteenth Circuit Court District is composed of the following counties: Jefferson Davis County; Lamar County; Lawrence County; Marion County; and Pearl River County.

Miss. Code Ann. § 9-7-42 Fifteenth district; number of judges.

There shall be three (3) judges for the Fifteenth Circuit Court District. The three (3) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One,” “Place Two,” and “Place Three.” The judge to fill Place One must be a resident of Jefferson Davis, Lamar, Lawrence or Marion County. The judge to fill Place Two may be a resident of any county in the district. The judge to fill Place Three must be a resident of Pearl River County.

Miss. Code Ann. § 9-7-43 Sixteenth district; composition.

The Sixteenth Circuit Court District is composed of the following counties: Clay County; Lowndes County; Noxubee County; and Oktibbeha County.

Miss. Code Ann. § 9-7-44 Sixteenth district; number of judges.

There shall be three (3) judges for the Sixteenth Circuit Court District. The three (3) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One,” “Place Two” and “Place Three.” The judge to fill Place One must be a resident of Lowndes County. The judge to fill Place Two must be a resident of Oktibbeha County. The judge to fill Place Three must be a resident of either Clay or Noxubee County. Election of the three (3) offices of judge shall be by election to be held in every county within the Sixteenth Circuit Court District.

Miss. Code Ann. § 9-7-45 Seventeenth district; composition; divisions.

The Seventeenth Circuit Court District shall be divided into two (2) subdistricts as follows: Subdistrict 17-1 shall be composed of DeSoto County; and Subdistrict 17-2 shall be composed of Panola County, Tallahatchie County, Tate County and Yalobusha County.

Miss. Code Ann. § 9-7-46 Seventeenth district; number and election of judges.

There shall be four (4) circuit judges for the Seventeenth Circuit Court District. For the purpose of appointment and election, the four (4)judge ships shall be separate and distinct, and one (1) judge shall be elected from Subdistrict 17-1, two (2) judges shall be elected from Subdistrict 17-2, and one (1) judge shall be elected from every county in the district. The two (2) judgeships in Subdistrict 17-2 shall be denominated as “Place One” and “Place Two,” the judgeship in Subdistrict 17-1 shall be denominated as “Place Three,” and the at-large judgeship shall be denominated as “Place Four.”

Miss. Code Ann. § 9-7-49 Nineteenth district; composition; local contributions for support of court.

The Nineteenth Circuit Court District is composed of the following counties: George County; Greene County; and Jackson County. The local contribution required for the maintenance of the Nineteenth Circuit Court District shall not exceed, as to George and Greene Counties, the amount of their present local contribution in their present respective circuit court districts, and any excess shall be paid by Jackson County.

Miss. Code Ann. § 9-7-51 Nineteenth district; number and election of judges; divisions.

There shall be three (3) judges for the Nineteenth Circuit Court District. The three (3) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One,” “Place Two” and “Place Three.” The senior judge of the Nineteenth Circuit Court District may divide the court of any county within the district into civil, criminal and appellate court divisions as a matter of convenience by the entry of an order upon the minutes of the court.

Miss. Code Ann. § 9-7-53 Twentieth district; composition.

The Twentieth Circuit Court District is composed of the following counties: Madison County; and Rankin County.

Miss. Code Ann. § 9-7-54 Twentieth district; number of judges.

There shall be three (3) judges for the Twentieth Circuit Court District. The three (3) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as “Place One,” “Place Two” and “Place Three.” The judge to fill Place One must reside in Rankin County, the judge to fill Place Two must reside in Madison County, and the judge to fill Place Three may reside in either Madison or Rankin County.

Miss. Code Ann. § 9-7-55 Twenty-first district; composition.

The Twenty-first Circuit Court District is composed of the following counties: Holmes County; Humphreys County; and Yazoo County.

Miss. Code Ann. § 9-7-57 Twenty-second district; composition.

The Twenty-second Circuit Court District is composed of the following counties: Claiborne County; Copiah County; and Jefferson County.

Miss. Code Ann. § 9-7-81 Jurisdiction; general enumeration of subjects.

The circuit court shall have original jurisdiction in all actions when the principal of the amount in controversy exceeds two hundred dollars, and of all other actions and causes, matters and things arising under the constitution and laws of this state which are not exclusively cognizable in some other court, and such appellate jurisdiction as prescribed by law. Such court shall have power to hear and determine all prosecutions in the name of the state for treason, felonies, crimes, and misdemeanors, except such as may be exclusively cognizable before some other court; and said court shall have all the powers belonging to a court of oyer and terminer and general jail delivery, and may do and perform all other acts properly pertaining to a circuit court of law.

Miss. Code Ann. § 9-7-83 Jurisdiction of cases transferred or remanded to it.

The circuit court shall have jurisdiction of all cases transferred to it by the chancery court or remanded to it by the supreme court.

Miss. Code Ann. § 9-7-85 Jurisdiction; suit for sum below.

If a suit shall be brought in the circuit court for a sum of less than the court can take cognizance of, or if a greater sum than is due shall be demanded, on purpose to confer jurisdiction, the complaint shall be involuntarily dismissed pursuant to the Mississippi Rules of Civil Procedure; and if the plaintiff, in any case, shall not recover more than the minimal jurisdictional amount, he shall not recover any costs of the defendant unless the judge shall be of the opinion, and so enter on the record, that the plaintiff had reasonable ground to expect to recover more than the minimal jurisdictional amount, or unless the court shall have jurisdiction of the cause, without respect to the amount in controversy.

Miss. Code Ann. § 9-7-87 Special terms; jurisdiction; juries for.

At a special term the circuit court may impanel grand and petit juries, and shall have jurisdiction to hear and determine all civil and criminal business, in the same manner as at a regular term. Parties and witnesses shall be bound to attend; and witnesses duly subpoenaed or bound by recognizance, shall be subject to the same penalties for failure to attend as if such failure had occurred at a regular term. On receiving the order for a special term, if it be held because of a failure of a regular term, the proper officers shall open the envelopes containing the names of the jurors for such regular term, if it has not been done, and the venire facias shall issue and the jurors be summoned as required by law; but if there be no such envelopes, the jurors shall be drawn as provided in case of a failure of the judge to draw them. The judge may direct whether jurors shall be summoned and how they shall be drawn.

Miss. Code Ann. § 9-7-89 Motions against officers for money collected.

The circuit court shall hear and determine all motions against attorneys at law, sheriffs, coroners, and other officers, for money collected or received as such, and not paid over on demand to the party entitled to the same, and may give judgment and award execution thereon.

Miss. Code Ann. § 9-7-91 Judgments and executions.

The circuit court may render judgments according to the principles and usages of law, in all cases cognizable before it, and award executions, directed to the sheriff or other proper officer of any county. The court, upon legal conviction of a person of a crime or misdemeanor, shall proceed to judgment and award execution thereon as the law directs.

Miss. Code Ann. § 9-7-93 Time may be allotted by court for civil and criminal business separately.

In the county where it may be necessary, in the discretion of the court or judge, the court may designate a certain portion of the time allotted for the holding of court exclusively to the civil business and a certain portion of the time exclusively to the hearing of criminal business, and in cases where the court or judge does this, the court or judge shall so allot the time as to meet the necessities of the criminal and civil business, and, in all cases where it is practical to do so, the court or judge shall separate the civil and criminal business, so that certain time shall be devoted to each.

Miss. Code Ann. § 9-7-95 Transfer for trial of cases filed in county courts in nineteenth district.

Cases filed in the county courts of any county in the nineteenth circuit court district, with the exception of equity and youth court cases, at the discretion of the county court judge, and with the consent of the circuit judge, may be transferred for trial to the circuit courts of such district, and the judgment rendered thereon on any such transferred case in the circuit court shall be a final judgment and shall be appealable in the same manner as now provided by law for appeals from final judgments rendered by circuit courts.

Miss. Code Ann. § 9-7-121 Clerk; oath of office and bond.

The clerk of the circuit court, before he enters upon the duties of the office, shall take the oath of office, and give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in a penalty equal to three percent (3%) of the sum of all the state and county taxes shown by the assessment rolls and the levies to have been collectible in the county for the year immediately preceding the commencement of the term of office for such clerk. However, such bond shall not exceed the amount of One Hundred Thousand Dollars ($100,000.00). And he may be required to give additional bond from time to time, for the faithful application of all moneys coming into his hands by law or order of the court; but such additional bonds shall be cumulative security, and the original bond shall likewise cover all moneys coming into the hands of the clerk by law or order of the court.

Miss. Code Ann. § 9-7-122 Training and continuing education requirements for circuit clerks; filing of certificate of compliance; penalty for failure to file; courses; expenses; continuing education credit for attendance at circuit court proceedings; compliance with Section 9-1-46.

Except as otherwise provided herein, no circuit clerk elected for a full term of office commencing on or after January 1, 1996, shall exercise any functions of office or be eligible to take the oath of office unless and until the circuit clerk has filed in the office of the chancery clerk a certificate of completion of a course of training and education conducted by the Mississippi Judicial College of the University of Mississippi Law Center within six (6) months of the beginning of the term for which such circuit clerk is elected. A circuit clerk who has completed the course of training and education and has satisfied his annual continuing education course requirements, and who is then elected for a succeeding term of office subsequent to the initial term for which he completed the training course, shall not be required to repeat the training and education course upon reelection. A circuit clerk that has served either a full term of office or part of a term of office before January 1, 1996, shall be exempt from the requirements of this subsection. In addition to meeting the requirements of subsection (1) of this section, after taking office by election or otherwise, each circuit clerk shall be required to file annually in the office of the chancery clerk a certificate of completion of a course of continuing education conducted by the Mississippi Judicial College. No circuit clerk shall have to comply with this subsection unless he will have been in office for five (5) months or more during a calendar year. Each circuit clerk elected for a term commencing on or after January 1, 1992, shall be required to file annually the certificate required in subsection (2) of this section commencing January l, 1993. The requirements for obtaining the certificates in this section shall be as provided in subsection (6) of this section. Upon the failure of any circuit clerk to file with the chancery clerk the certificates of completion as provided in this section, such circuit clerk shall, in addition to any other fine or punishment provided by law for such conduct, not be entitled to any fee, compensation or salary, from any source, for services rendered as circuit clerk, for the period of time during which such certificate remains unfiled. The Mississippi Judicial College of the University of Mississippi Law Center shall prepare and conduct courses of training for basic and continuing education for circuit clerks of this state. The basic course of training shall be known as the “Circuit Clerks Training Course” and shall consist of at least thirty-two (32) hours of training. The continuing education course shall be known as the “Continuing Education Course for Circuit Clerks” and shall consist of at least eighteen (18) hours of training. The content of the basic and continuing education courses and when and where such courses are to be conducted shall be determined by the judicial college. The judicial college shall issue certificates of completion to those circuit clerks who complete such courses. The expenses of the training, including training of those elected as circuit clerk who have not yet begun their term of office, shall be borne as an expense of the office of the circuit clerk. Circuit clerks shall be allowed credit toward their continuing education course requirements for attendance at circuit court proceedings if the presiding circuit court judge certifies that the circuit clerk was in actual attendance at a term or terms of court; provided, however, that at least twelve (12) hours per year of the continuing education course requirements must be completed at a regularly established program or programs conducted by the Mississippi Judicial College. By August 1, 2015, and each year thereafter, the Administrative Office of Courts shall certify to the Mississippi Judicial College the names of all circuit clerks who have failed to provide the information required by Section 9-1-46. The judicial college shall not issue a certificate of continuing education required by subsection (2) of this section to any such clerk, and shall report to the State Auditor, and the board of supervisors of the county the clerk is elected from that the clerk shall not be entitled to receive the compensation set out in subsection (5) of this section. A clerk may be certified after coming into compliance with the requirements of Section 9-1-46.

Miss. Code Ann. § 9-7-123 Appointment of deputy clerks; oath; bond.

The clerk of the circuit court shall have power, with the approbation of the court, or of the judge in vacation, to appoint one or more deputies, who shall take the oath of office and may give bond, and who thereupon shall have power to do and perform all the acts and duties which their principal may lawfully do; such approval, when given by the judge in vacation, shall be in writing, and shall be entered on the minutes of the court at the next term. Each deputy clerk of the circuit court, before he enters upon the duties of the appointment, shall take the oath of office, and shall give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in a penalty equal to three percent (3%) of the sum of all the state and county taxes shown by the assessment rolls and the levies to have been collectible in the county for the year immediately preceding the commencement of the term of office for the circuit clerk. However, the amount of such bond shall not be less than Fifty Thousand Dollars ($50,000.00) nor more than One Hundred Thousand Dollars ($100,000.00). The bond shall cover all monies coming into the hands of the deputy clerk by law or order of the court. The board of supervisors, in its discretion, may pay the bond on behalf of the deputy clerk.

Miss. Code Ann. § 9-7-124 Appointment of temporary deputies to assist circuit clerk of county.

The board of supervisors of any county, in its discretion, may authorize the circuit clerk of the county to appoint one or more temporary full-time or temporary part-time deputies for the purpose of assisting the circuit clerk in the performance of duties relating to certification of signatures on initiative petitions as provided by Section 23-17-21. The salary of any temporary deputy clerk appointed under the provisions of subsection (1) of this section shall be established by the board of supervisors and paid out of any available funds in the county general fund.

Miss. Code Ann. § 9-7-125 Deputy circuit clerks; appointment and payment in certain counties.

The circuit clerk of every county wherein is partially located a national forest and wherein U. S. Highway 49 and Mississippi Highway 26 intersect may appoint a full-time or part-time deputy to insure the efficient operation of the office of circuit clerk of said county. The boards of supervisors in said counties are authorized to pay to said circuit clerk a sum not to exceed three hundred dollars ($300.00) per month for employment of such deputy.

Miss. Code Ann. § 9-7-126 Additional remuneration to circuit court clerks for salaries of deputy circuit clerks.

There shall be allowed out of the county treasury from the general county funds, or any other available funds payable monthly by the board of supervisors of the county, not less than the following amounts for the purposes of defraying the salaries of deputy circuit clerks: Class 1 and 2 counties not less than Four Hundred Fifty Dollars ($450.00) per month; Class 3 and 4 counties not less than Three Hundred Fifty Dollars ($350.00) per month; Class 5, 6, 7 and 8 counties not less than Two Hundred Fifty Dollars ($250.00) per month. The above and foregoing allowances shall be for the purposes of defraying the salaries of deputy circuit clerks provided such allowance, and upon written request of the circuit clerk, shall be paid directly to the deputy circuit clerk designated by him, in the absence of which request, the allowance shall be paid monthly to the circuit clerk. Deputy circuit clerks employed under authority of this section shall be deemed employees of the county. The clerk shall select and supervise their public duties. This section shall not apply to any county having a county court except that in any county in which U.S. Highway 49 and Mississippi Highway 6 intersect, any county in which U.S. Highway 61 and Mississippi Highway 4 intersect, any county having a population in excess of fifty-seven thousand (57,000) and which is traversed by the Tennessee-Tombigbee Waterway or whose county seat is within twenty (20) miles of the Tennessee-Tombigbee Waterway, any county bordering the State of Tennessee and the Mississippi River, any county in which U.S. Highway 61 and U.S. Highway 82 intersect, any county in which U.S. Highway 61 and Mississippi Highway 8 intersect, any county in which U.S. Highway 82 and U.S. Highway 49E intersect, any county in which U.S. Highway 49 and Mississippi Highway 16 intersect and which is traversed by Interstate Highway 55, and any county in which Highway 589 and Highway 98 intersect, the provisions of this section shall be discretionary with the respective board of supervisors.

Miss. Code Ann. § 9-7-127 Final record to be made.

Within three (3) months after the final determination of any suit, or if an appeal shall have been taken, then within three (3) months after receiving a certificate of the affirmance of the judgment, the clerk shall enter in a well-bound book, to be kept for the purpose, a full and complete record of all the proceedings in the suit, if the title to the real estate be involved or affected, and if not, only on the order of the court. On failure to make a final record required by law or the order of the court, the clerk may be fined, as for a contempt, Twenty Dollars ($20.00) for each failure; and he shall also be liable in damages to any party injured. A final record shall not be made of any suit without a judgment on the merits. Such record may be kept on computer as provided in Section 9-7-171.

Miss. Code Ann. § 9-7-128 Disposal and destruction of certain case files and loose records; electronic storage of certain files, records and documents.

Where there is no requirement for a permanent record to be made, the clerk, upon order of the court, may dispose of and destroy all case files of the circuit or county court which have been in existence for ten (10) years or which have been reduced to judgment and that judgment satisfied and cancelled. The clerk may also dispose of and destroy any loose records not required by law to be kept as permanent records after a period of ten (10) years. No records, however, may be destroyed without the approval of the Director of the Department of Archives and History. The files, records and other documents described herein may, upon order of the court in accordance with the provisions of this section, be electronically stored for convenience and efficiency in storage. The electronic storage of documents, for purposes of this section, shall have the same meaning as set forth in Section 9-1-51. In those counties electing to store files, records and documents by means of electronic storage, the following described case files shall be electronically stored after the time periods described below have elapsed: Cases in county criminal or civil court which have been dismissed or in which a judgment has been entered at least three (3) years prior to the date upon which they are electronically stored; and Cases in circuit, criminal or civil court which have been dismissed or in which a judgment has been entered at least five (5) years prior to the date upon which they are electronically stored. Nothing in this section shall serve as authority to destroy any docket book, minute book, issue docket, subpoena docket, witness docket book, execution docket book, voter registration book, marriage record book, trial order, abstract of judgment, judgment roll, criminal file where an indictment was returned and the defendant convicted if the file is not at least twenty (20) years old, habeas corpus docket, preliminary hearing docket or Court of Appeals or Supreme Court appeals docket.

Miss. Code Ann. § 9-7-129 List of allowances against county treasury.

Within ten days after each term of circuit court, it shall be the duty of the clerk to deliver to the clerk of the board of supervisors a certified list of allowances made by the court at such term, payable out of the county treasury, specifying the amount, to whom allowed, and on what account. For any failure to deliver such list, the clerk of the circuit court may be punished by the court as for a contempt.

Miss. Code Ann. § 9-7-131 Jury fee book.

The clerk of the circuit court shall keep a book to be called the “jury book,” in which he shall enter the time of issuing all certificates to jurors, the amount thereof, and to whom issued. Such book may be kept by means of electronic filing or storage or both as provided in Sections 9-1-51 through 9-1-57, or otherwise, as the clerk may elect. Within ten (10) days after each term of the court, he shall file in the office of the clerk of the board of supervisors of his county a certified copy of such entries, for the information of the board. For any failure in this respect, the clerk of the circuit court may be fined and imprisoned by the court as for a contempt.

Miss. Code Ann. § 9-7-133 Jury tax imposed and how collected.

A jury tax of three dollars is imposed on each original suit in the circuit court in which a plea is filed, and on every issue therein tried separately by a jury, and a tax of two dollars on each case transferred or appealed thereto, to constitute a fund for the payment of jurors, and to be collected by the clerk or sheriff as costs. The clerk shall be liable on his official bond for any failure to charge, receive, or issue execution for the jury tax; and the sheriff shall likewise be liable for a failure to collect or to pay the same to the county treasurer; and they may be fined as for a contempt therefor not more than one hundred dollars.

Miss. Code Ann. § 9-7-135 Clerk to report list of cases subject to jury tax.

Within ten days after the end of any term of the court, the clerk shall furnish to the clerk of the board of supervisors a list of all judgments rendered and suits disposed of at such term, or in the preceding vacation, on which a jury tax is imposed, and shall pay over all sums received by him for jury tax during the term and since the last term, and for any failure shall be liable as provided by Section 9-7-133. And if any clerk shall fail to furnish the said list he shall be fined by the court in the sum of one hundred dollars, on motion of the clerk of the board of supervisors or the district attorney.

Miss. Code Ann. § 9-7-137 Register of sureties on bonds to be kept.

The clerk of the circuit court shall procure a well-bound book, arranged alphabetically and properly ruled, lined and headed to show the name of the principal and surety, name of principal obligor, name of obligee, date of bond, penalty of bond, kind of bond, where recorded if recorded, number of suit in which filed and date of discharge. In this he shall abstract each bond, when filed in his office, by entering in such record the name of each principal and surety, under the proper letter, the name of principal obligor, name of obligee, date, penalty, kind of bond, where recorded if recorded, and number of suit in which filed. And when such bond has been discharged, the date thereof shall be entered in said record under the proper heading. Such information may be kept on computer as provided in Section 9-7-171.

Miss. Code Ann. § 9-7-139 Recordation of pardons in county of conviction.

When a pardon may be granted by the governor to anyone convicted of a crime, two copies thereof shall be filed with the secretary of state in accordance with the provisions of Section 7-3-5, Mississippi Code of 1972. One such copy shall be retained by the secretary of state in a permanent register and the other copy shall be immediately forwarded by the secretary of state to the circuit clerk of the county in which such person was convicted. The county shall furnish and the circuit clerk shall maintain a permanent record of pardons and the circuit clerk may certify the fact of any recorded pardon for use in any court or agency, state or federal.

Miss. Code Ann. § 9-7-141 Circuit court clerk’s office at Biloxi.

In Harrison County, a county having two (2) judicial districts, it shall be the duty of the clerk of the circuit court to keep in his office at Biloxi, all records, record books, electronic equipment, records and documents and other documents of every character which he is now required by law to keep in his office at Gulfport, and said records, record books and documents of whatever character or duly certified copies thereof shall have the same force and effect in law as they would have if said books, records and documents had been kept or preserved by him in his office at Gulfport. And likewise, it shall be the duty of the clerk of the circuit court of Harrison County, as clerk of county court to keep in his office at Biloxi, all of the records, record books and documents of every character which he is now required by law to keep in his office at Gulfport, and said records, books and documents, or duly certified copies thereof, shall likewise have the same force and effect in law as they would have if said books, records and documents had been kept or preserved by him in his office at Gulfport. The Secretary of State shall furnish to the Clerk of the Circuit Court of Harrison County, for the use of said court at Biloxi, a full set of the reports of the Supreme Court or court of last resort of this state, and all other books and laws which he shall at any time be required to deliver to the sheriff or the clerk of said county, in the several counties of this state; and also all other laws, maps and public documents required by law to be furnished, or usually furnished, to the sheriff or clerk of the circuit and chancery courts of this state under laws now or heretofore in force or that may hereafter be enacted.

Miss. Code Ann. § 9-7-171 General docket.

The clerk shall keep a general docket, in which he shall enter the names of the parties in each case, the time of filing the declaration, indictment, record from inferior courts on appeal or certiorari, petition, plea, or demurrer, and all other papers in the cause, the issuance and return of process, and a note of all judgments rendered therein, by reference to the minute book and page. He shall mark on the papers in every cause the style and number of the suit, and the time when, and the party by whom filed; and he shall not suffer any paper so filed to be withdrawn but by leave of the court, and then only by retaining a copy, to be made at the cost of the party obtaining the leave. All the papers and pleadings filed in a cause shall be kept in the same file, and all the files kept in numerical order. Entries in criminal cases shall not be made on the docket so as to disclose the names of the defendants until their arrest. And the docket shall be duly indexed, both directly and indirectly, in the alphabetical order of the names of each of the parties. The general docket required to be kept by this section and all other dockets or records required by law to be kept by the circuit clerk may be kept on computer in lieu of any other physical docket, record or well-bound book if all such dockets and records are kept by computer in accordance with regulations prescribed by the Administrative Office of Courts.

Miss. Code Ann. § 9-7-173 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. § 9-7-173 . [Codes, Hutchinson’s 1848, ch. 53, art. 3; 1857, ch. 61, art. 20; 1871, § 557; 1880, § 1485; 1892, § 635; 1906, § 692; Hemingway’s 1917, § 471; 1930, § 480; 1942, § 1418] Editor’s Notes — Former § 9-7-173 directed the clerk to prepare, before the start of the term, a docket of cases triable at the approaching term of the court, and directed the court to call cases in the order they appeared on the docket.

Miss. Code Ann. § 9-7-175 Criminal docket.

The clerk shall make out for each term a separate docket of cases begun by indictment, presentment, information, or other proceedings of a criminal nature, in the name or on behalf of the state or any municipal corporation. Such docket may be kept on computer as provided in Section 9-7-171.

Miss. Code Ann. § 9-7-177 Appearance docket.

The clerk shall keep an appearance docket, in which he shall enter all civil cases not triable at the first term after they are begun, in the order in which they are commenced, with the date of such commencement. Such docket may be kept on computer as provided in Section 9-7-171.

Miss. Code Ann. § 9-7-179 Subpoena docket.

The clerk shall keep a subpoena docket, in which he shall enter the style and number of each case in which a subpoena for a witness is issued, the name of the party for whom the witness is subpoenaed, to whom the subpoena is directed, the date of its issuance, when returnable, whether or not executed. He shall therein keep an account of all witnesses who may be absent when the case in which they have been subpoenaed is called for trial, or who may disqualify themselves from giving testimony by being intoxicated when such case is tried; and he shall not issue any certificate to such witnesses. The docket shall be kept duly indexed. Such docket may be kept on computer as provided in Section 9-7-171.

Miss. Code Ann. § 9-7-181 Execution docket.

The clerk shall keep a docket, in which he shall enter every capias pro finem and all executions issued by him, specifying the names of the parties, the date, the amount of the judgment or decree and of costs, the name of the officer to whom it is delivered, to what county directed, the date when issued, and the return-day thereof; and, when the same is returned, shall, without delay, record the return at large on the same page of the docket. And the execution docket shall be kept duly indexed, both directly and indirectly, in the alphabetical order of the names of each of the parties. Such docket may be kept on computer as provided in Section 9-7-171.

Miss. Code Ann. § 9-7-201 Repealed.

Repealed by its own term, effective July 1, 2013. § 9-7-201 . [Laws, 2010, ch. 544, § 1, eff from and after passage (approved Apr. 28, 2010.)] Editor’s Notes — Former § 9-7-201 authorized the Circuit Court Community Corrections Program pilot program.