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2008 Mississippi Attorney General Reports and Opinions 1 (2008)

handle is hein.sag/sagms0081 and id is 1 raw text is: Mississippi Attorney General Opinions

Eugene Knight
Office of the Attorney General
September 5, 2008
Office of the Attorney General
State of Mississippi
*1   Opinion No. 2008-00435
*1 September 5, 2008
Re: Justice Court Judges Salaries After October 1, 2008
*1 Eugene Knight
*1 Justice Court Judge
*1 P. 0. Box 298
*1 Magee, MS 39111
Dear Judge Knight:
*1 Attorney General Jim Hood has received your request and has assigned it to me for research and reply. Your question concerns Justice Court
Judges salaries from and after October 1, 2008 as provided in Section 25-3-36 of the Mississippi Code as amended by the 2008 Legislature in
Senate Bill 2571.
*1 You set forth in your letter that the Board of Supervisors of Simpson County has not voted to accept the raises which would set their
salaries at $40,400.00 per year; their salaries are still set at $33,548.00 per year. You then ask if that means that the justice court
judges salaries will not be set at the legislative amount of $40,400.00 simply because the board of supervisors has failed to vote to
increase their salary?
*1 Section 25-3-36(2) (a) and (b) of the Mississippi Code provides in part:
*1 (2) From and after October 1, 2008, every justice court judge shall receive as full compensation for his or her services, and in lieu of any and all
other fees, costs or compensation heretofore authorized for such justice court judge, an annual salary in an amount that is the greater of the
*1 (a) The amount paid to a member of the board of supervisors in the same county in which the justice court judge presides; or
*1 (b) One hundred three percent (103%) of the salary authorized under this section as of September 30, 2008, for a justice court judge in that
*1 Section 1-3-65 of the Mississippi Code provides that ,All words and phrases contained in the statutes are used according to their common
and ordinary acceptation and meaning; but technical words and phrases according to their technical meaning.
*1 Thus, in (2)(a), the amount paid to a member of the board of supervisors means the amount the supervisors are actually receiving and not the
amount of salary that is fixed pursuant to Section 25-3-13. Also, it should be noted that the last paragraph, (3), of Section 25-3-13 specifically
provides that, The salary of the members of the board of supervisors shall not be increased under this section until the board of supervisors shall
have passed a resolution stating the amount of the increase and spread it on its minutes.
*1 In conclusion, the salary of a justice court judge is the greater of (a) the amount the supervisors are actually being paid or (b) 103% of the salary
authorized as of September 30, 2008.
*1 Jim Hood
*1 Attorney General
*1 By: James Y. Dale
*1 Special Assistant Attorney General


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