SEC. 43-23-27. Appointment of referees; duties.
Sections 43-23-1, 43-23-3, 43-23-5, 43-23-7, 43-23-9, 43-23-11, 43-23-13, 43-23-15, 43-23-17, 43-23-19, 43-23-21, 43-23-23, 43-23-25, 43-23-27, 43-23-29, 43-23-31, 43-23-33, 43-23-35, 43-23-37, 43-23-39, 43-23-41, 43-23-43, 43-23-45, 43-23-47, 43-23-49, 43-23-51, 43-23-53 and 43-23-55, Mississippi Code of 1972, which provide for the establishment and operation of family courts, are repealed.
The judge may appoint suitable persons, trained in the law, to act as referees, who shall hold office during the pleasure of the judge. The judge may direct that any case shall be heard in the first instance by a referee in the manner provided for the hearing of cases by the court, but any party may, upon request, have a hearing before the judge in the first instance. At the conclusion of a hearing, the referee shall transmit promptly to the judge all papers relating to the case, together with his findings and recommendations in writing.
Written notice of the referee's findings and recommendations shall be given to the parent, guardian, or custodian of any child whose case has been heard by a referee, or to all parties in a family case. A hearing by the judge shall be allowed if any of them files with the court a request for review, provided that the request is filed within three days after the referee's written notice. If a hearing de novo is not requested by any party or ordered by the court, the hearing shall be upon the same evidence heard by the referee; new evidence may be admitted in the discretion of the judge. If a hearing before the judge is not requested or the right to the review is waived, the findings and recommendations of the referee, when confirmed by an order of the judge, shall become the decree of the court.
SOURCES: Codes, 1942, Sec. 7187-14; Laws, 1964, ch. 328, Sec. 14, eff from and after passage (approved May 22, 1964). This section is repealed by Laws 1999, Ch. 432, Sec. 2 when such law is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.