MISSISSIPPI CODE OF 1972
As Amended

SEC. 25-31-5. Legal assistants to district attorney.

[Until January 1, 1997, this section shall read as follows:]

(1) The following number of full-time legal assistants are authorized in the following circuit court districts:
(a) First Circuit Court District..........six (6) legal assistants.
(b) Second Circuit Court District.......seven (7) legal assistants.
(c) Third Circuit Court District........three (3) legal assistants.
(d) Fourth Circuit Court District........five (5) legal assistants.
(e) Fifth Circuit Court District........three (3) legal assistants.
(f) Sixth Circuit Court District..........two (2) legal assistants.
(g) Seventh Circuit Court District......eight (8) legal assistants.
(h) Eighth Circuit Court District.........two (2) legal assistants.
(i) Ninth Circuit Court District..........two (2) legal assistants.
(j) Tenth Circuit Court District........three (3) legal assistants.
(k) Eleventh Circuit Court District......four (4) legal assistants.
(l) Twelfth Circuit Court District......three (3) legal assistants.
(m) Thirteenth Circuit Court District......one (1) legal assistant.
(n) Fourteenth Circuit Court District.....two (2) legal assistants.
(o) Fifteenth Circuit Court District....three (3) legal assistants.
(p) Sixteenth Circuit Court District....three (3) legal assistants.
(q) Seventeenth Circuit Court District...four (4) legal assistants.
(r) Eighteenth Circuit Court District.....two (2) legal assistants.
(s) Nineteenth Circuit Court District...three (3) legal assistants.
(t) Twentieth Circuit Court District....three (3) legal assistants.
(u) Twenty-first Circuit Court District...two (2) legal assistants.
(v) Twenty-second Circuit Court District...one (1) legal assistant.

(2) In addition to any legal assistants authorized pursuant to subsection (1) of this section, the following number of full-time legal assistants are authorized (i) in the following circuit court districts if funds are appropriated by the Legislature to adequately fund the salaries, expenses and fringe benefits of such legal assistants, or (ii) in any of the following circuit court districts in which the board of supervisors of one or more of the counties in a circuit court district adopts a resolution to pay all of the salaries, supplemental pay, expenses and fringe benefits of legal assistants authorized in such district pursuant to this subsection:
(a) First Circuit Court District.........two (2) legal assistants.
(b) Second Circuit Court District........two (2) legal assistants.
(c) Third Circuit Court District.........two (2) legal assistants.
(d) Fourth Circuit Court District........two (2) legal assistants.
(e) Fifth Circuit Court District.........two (2) legal assistants.
(f) Sixth Circuit Court District.........two (2) legal assistants.
(g) Seventh Circuit Court District.......two (2) legal assistants.
(h) Eighth Circuit Court District........two (2) legal assistants.
(i) Ninth Circuit Court District.........two (2) legal assistants.
(j) Tenth Circuit Court District.........two (2) legal assistants.
(k) Eleventh Circuit Court District......two (2) legal assistants.
(l) Twelfth Circuit Court District.......two (2) legal assistants.
(m) Thirteenth Circuit Court District....two (2) legal assistants.
(n) Fourteenth Circuit Court District....two (2) legal assistants.
(o) Fifteenth Circuit Court District.....two (2) legal assistants.
(p) Sixteenth Circuit Court District.....two (2) legal assistants.
(q) Seventeenth Circuit Court District...two (2) legal assistants.
(r) Eighteenth Circuit Court District....two (2) legal assistants.
(s) Nineteenth Circuit Court District....two (2) legal assistants.
(t) Twentieth Circuit Court District.....two (2) legal assistants.
(u) Twenty-first Circuit Court District..two (2) legal assistants.
(v) Twenty-second Circuit Court District.two (2) legal assistants.

(3) The board of supervisors of any county is hereby authorized and empowered, in its discretion, to pay all or a part of the salary, supplemental pay, expenses and fringe benefits of any district attorney or legal assistant authorized in the circuit court district to which such county belongs pursuant to this section.

(4) The annual salary of full-time legal assistants shall be not less than Fifteen Thousand Dollars ($15,000.00) nor more than eighty-five percent (85%) of the salary of a district attorney; provided, that the district attorney shall establish such salaries and, subject to the maximum limitations set forth herein, may grant increases based upon years of continuous service in the office of the district attorney as follows: an annual increase may be granted by the district attorney of not more than the greater amount of fifteen percent (15%) of the previous year's salary or Two Thousand Two Hundred Fifty Dollars ($2,250.00) for each year that such legal assistant has served either as a part-time or a full-time legal assistant. Service prior to January 1, 1980, may be considered for purposes of this subsection provided that such service is continuous with service from and after January 1, 1980.

[From and after January 1, 1997, this section shall read as follows:]

(1) The following number of full-time legal assistants are authorized in the following circuit court districts:
(a) First Circuit Court District........seven (7) legal assistants.
(b) Second Circuit Court District.......eight (8) legal assistants.
(c) Third Circuit Court District.........four (4) legal assistants.
(d) Fourth Circuit Court District........five (5) legal assistants.
(e) Fifth Circuit Court District.........four (4) legal assistants.
(f) Sixth Circuit Court District..........two (2) legal assistants.
(g) Seventh Circuit Court District.......nine (9) legal assistants.
(h) Eighth Circuit Court District.........two (2) legal assistants.
(i) Ninth Circuit Court District..........two (2) legal assistants.
(j) Tenth Circuit Court District.........four (4) legal assistants.
(k) Eleventh Circuit Court District......five (5) legal assistants.
(l) Twelfth Circuit Court District......three (3) legal assistants.
(m) Thirteenth Circuit Court District.....two (2) legal assistants.
(n) Fourteenth Circuit Court District...three (3) legal assistants.
(o) Fifteenth Circuit Court District.....four (4) legal assistants.
(p) Sixteenth Circuit Court District.....four (4) legal assistants.
(q) Seventeenth Circuit Court District...five (5) legal assistants.
(r) Eighteenth Circuit Court District.....two (2) legal assistants.
(s) Nineteenth Circuit Court District....four (4) legal assistants.
(t) Twentieth Circuit Court District.....four (4) legal assistants.
(u) Twenty-first Circuit Court District...two (2) legal assistants.
(v) Twenty-second Circuit Court District..two (2) legal assistants.

(2) In addition to any legal assistants authorized pursuant to subsection (1) of this section, the following number of full-time legal assistants are authorized (i) in the following circuit court districts if funds are appropriated by the Legislature to adequately fund the salaries, expenses and fringe benefits of such legal assistants, or (ii) in any of the following circuit court districts in which the board of supervisors of one or more of the counties in a circuit court district adopts a resolution to pay all of the salaries, supplemental pay, expenses and fringe benefits of legal assistants authorized in such district pursuant to this subsection:
(a) First Circuit Court District..........two (2) legal assistants.
(b) Second Circuit Court District.........two (2) legal assistants.
(c) Third Circuit Court District..........two (2) legal assistants.
(d) Fourth Circuit Court District.........two (2) legal assistants.
(e) Fifth Circuit Court District..........two (2) legal assistants.
(f) Sixth Circuit Court District..........two (2) legal assistants.
(g) Seventh Circuit Court District........two (2) legal assistants.
(h) Eighth Circuit Court District.........two (2) legal assistants.
(i) Ninth Circuit Court District..........two (2) legal assistants.
(j) Tenth Circuit Court District..........two (2) legal assistants.
(k) Eleventh Circuit Court District.......two (2) legal assistants.
(l) Twelfth Circuit Court District........two (2) legal assistants.
(m) Thirteenth Circuit Court District.....two (2) legal assistants.
(n) Fourteenth Circuit Court District.....two (2) legal assistants.
(o) Fifteenth Circuit Court District......two (2) legal assistants.
(p) Sixteenth Circuit Court District......two (2) legal assistants.
(q) Seventeenth Circuit Court District....two (2) legal assistants.
(r) Eighteenth Circuit Court District.....two (2) legal assistants.
(s) Nineteenth Circuit Court District.....two (2) legal assistants.
(t) Twentieth Circuit Court District......two (2) legal assistants.
(u) Twenty-first Circuit Court District...two (2) legal assistants.
(v) Twenty-second Circuit Court District..two (2) legal assistants.

(3) The board of supervisors of any county is hereby authorized and empowered, in its discretion, to pay all or a part of the salary, supplemental pay, expenses and fringe benefits of any district attorney or legal assistant authorized in the circuit court district to which such county belongs pursuant to this section.

(4) The annual salary of full-time legal assistants shall be not less than Fifteen Thousand Dollars ($15,000.00) nor more than eighty-five percent (85%) of the salary of a district attorney; provided, that the district attorney shall establish such salaries and, subject to the maximum limitations set forth herein, may grant increases based upon years of continuous service in the office of the district attorney as follows: an annual increase may be granted by the district attorney of not more than the greater amount of fifteen percent (15%) of the previous year's salary or Two Thousand Two Hundred Fifty Dollars ($2,250.00) for each year that such legal assistant has served either as a part-time or a full-time legal assistant. Service prior to January 1, 1980, may be considered for purposes of this subsection provided that such service is continuous with service from and after January 1, 1980.

SOURCES: Codes, 1942, Sec. 3920.5; Laws, 1955, Ex. ch. 38, Secs. 1-4; 1960, ch. 271, Secs. 1-5; 1962, 2d Ex. Sess. ch. 18; 1966, ch. 368, 1; 1972, ch. 497, Sec. 1; 1973, ch. 494, Sec. 1; 1974, ch. 544, Sec. 1; 1975, ch. 506; 1976, ch. 468; 1977, ch. 453, Secs. 2, 5; 1978, ch. 509, Sec. 5; 1982, ch. 492; 1984, 1st Ex Sess, ch. 7; 1985, ch. 502, Sec. 58; 1987, ch. 458; 1988, ch. 552. Laws, 1993, ch. 597, Sec. 1; 1994, ch 564, Sec. 100; 1996, ch. 512, Sec. 1, eff from and after July 1, 1996

1997 Amendment:

SECTION 5. Section 25-31-5, Mississippi Code of 1972, is amended as follows:

25-31-5. (1) The following number of full-time legal assistants are authorized in the following circuit court districts:

(a) First Circuit Court

District.............seven (7) legal assistants.

(b) Second Circuit Court

District.............eight (8) legal assistants.

(c) Third Circuit Court

District.............four (4) legal assistants.

(d) Fourth Circuit Court

District.............five (5) legal assistants.

(e) Fifth Circuit Court

District.............four (4) legal assistants.

(f) Sixth Circuit Court

District.............two (2) legal assistants.

(g) Seventh Circuit Court

District.............nine (9) legal assistants.

(h) Eighth Circuit Court

District.............two (2) legal assistants.

(i) Ninth Circuit Court

District.............two (2) legal assistants.

(j) Tenth Circuit Court

District.............four (4) legal assistants.

(k) Eleventh Circuit Court

District.............five (5) legal assistants.

(l) Twelfth Circuit Court

District.............three (3) legal assistants.

(m) Thirteenth Circuit Court

District.............two (2) legal assistants.

(n) Fourteenth Circuit Court

District.............three (3) legal assistants.

(o) Fifteenth Circuit Court

District.............four (4) legal assistants.

(p) Sixteenth Circuit Court

District.............four (4) legal assistants.

(q) Seventeenth Circuit Court

District.............five (5) legal assistants.

(r) Eighteenth Circuit Court

District.............two (2) legal assistants.

(s) Nineteenth Circuit Court

District.............four (4) legal assistants.

(t) Twentieth Circuit Court

District.............four (4) legal assistants.

(u) Twenty-first Circuit Court

District.............two (2) legal assistants.

(v) Twenty-second Circuit Court

District.............two (2) legal assistants.

(2) In addition to any legal assistants authorized pursuant to subsection (1) of this section, the following number of full-time legal assistants are authorized (i) in the following circuit court districts if funds are appropriated by the Legislature to adequately fund the salaries, expenses and fringe benefits of such legal assistants, or (ii) in any of the following circuit court districts in which the board of supervisors of one or more of the counties in a circuit court district adopts a resolution to pay all of the salaries, supplemental pay, expenses and fringe benefits of legal assistants authorized in such district pursuant to this subsection:

(a) First Circuit Court

District.............two (2) legal assistants.

(b) Second Circuit Court

District.............two (2) legal assistants.

(c) Third Circuit Court

District.............two (2) legal assistants.

(d) Fourth Circuit Court

District.............two (2) legal assistants.

(e) Fifth Circuit Court

District.............two (2) legal assistants.

(f) Sixth Circuit Court

District.............two (2) legal assistants.

(g) Seventh Circuit Court

District.............two (2) legal assistants.

(h) Eighth Circuit Court

District.............two (2) legal assistants.

(i) Ninth Circuit Court

District.............two (2) legal assistants.

(j) Tenth Circuit Court

District.............two (2) legal assistants.

(k) Eleventh Circuit Court

District.............two (2) legal assistants.

(l) Twelfth Circuit Court

District.............two (2) legal assistants.

(m) Thirteenth Circuit Court

District.............two (2) legal assistants.

(n) Fourteenth Circuit Court

District.............two (2) legal assistants.

(o) Fifteenth Circuit Court

District.............two (2) legal assistants.

(p) Sixteenth Circuit Court

District.............two (2) legal assistants.

(q) Seventeenth Circuit Court

District.............two (2) legal assistants.

(r) Eighteenth Circuit Court

District.............two (2) legal assistants.

(s) Nineteenth Circuit Court

District.............two (2) legal assistants.

(t) Twentieth Circuit Court

District.............two (2) legal assistants.

(u) Twenty-first Circuit Court

District.............two (2) legal assistants.

(v) Twenty-second Circuit Court

District.............two (2) legal assistants.

(3) The board of supervisors of any county is hereby authorized and empowered, in its discretion, to pay all or a part of the salary, supplemental pay, expenses and fringe benefits of any district attorney or legal assistant authorized in the circuit court district to which such county belongs pursuant to this section.

 * * *

SOURCE: 1997 Laws, Chapter 577, Sec. 5, HB1032.

Note: 1997 Laws, Chapter 577, Sec. 10, states as follows:

SECTION 10. The Attorney General of the State of Mississippi is hereby directed to submit Sections 1 and 3 through 9 of this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

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