Mississippi 2025 1st Special Session

Mississippi House Bill HB38

Introduced
5/28/25  
Refer
5/28/25  
Engrossed
5/28/25  
Refer
5/29/25  
Enrolled
6/2/25  

Caption

Appropriation; Supreme Court, Court of Appeals and trial judges services.

Summary

HB38 is the Mississippi judiciary appropriations bill for fiscal year 2026. It provides funding for the Mississippi Supreme Court, the Court of Appeals, the Administrative Office of Courts, the Board of Bar Admissions, continuing legal education, certified court reporters, and the expenses of special judges, chancellors, and circuit judges. The bill also allocates money for specific court-related programs and operations, including drug courts, youth courts, family courts, mental health treatment courts, the Court-Appointed Special Advocate (CASA) program, the Mississippi Access to Justice Commission, the Civil Legal Assistance Program, the Comprehensive Electronic Court Systems Fund, and the CCID inferior court. In addition to base operating appropriations, the bill sets authorized headcounts for several judicial entities and directs how certain funds must be used. It includes earmarks for adult felony drug courts, youth drug courts, youth court intake officers, youth court support, and pilot mental health treatment courts. It also creates or continues special fund treatment for interest earned on the Continuing Legal Education Fund and the Board of Bar Admissions Fund, requiring that interest remain in those funds rather than flow to the General Fund. The bill takes effect July 1, 2025. HB38 affects state law primarily through annual appropriations and spending conditions rather than by changing substantive judicial statutes. It references and relies on multiple sections of the Mississippi Code governing courts, youth courts, drug courts, legal education, and court administration, and it imposes reporting, training, accounting, and transfer-notification requirements on the Administrative Office of Courts. It also includes restrictions on use of funds, such as prohibiting payment of attorney’s fees from appropriated money, barring nepotistic hiring within the specified degree of kinship, and limiting use of general funds to replace withdrawn federal or special funds. The overall sentiment around the bill appears strongly favorable and routine, consistent with a must-pass appropriations measure for the judicial branch. The bill passed the House 93-2 and the Senate 45-0, indicating broad bipartisan support and little recorded opposition. No committee transcript discussion was provided, so there is no evidence of extended debate or controversy in the available record. The main points of contention, to the extent they can be inferred from the text, are the bill’s detailed conditions on spending and oversight rather than the appropriations themselves. Potentially sensitive provisions include the anti-nepotism rule, the restriction on attorney’s fees, the requirement that the Administrative Office of Courts provide standardized intake training and annual youth court reporting, and the Legislature’s direction on how court-related funds and interest earnings must be handled. However, the voting record suggests these provisions did not generate significant opposition in this session.

Impact

HB38 appropriates state general and special funds to operate Mississippi’s appellate and trial court system for FY 2026, including the Supreme Court, Court of Appeals, Administrative Office of Courts, Board of Bar Admissions, and related court programs. It authorizes specific staffing levels, earmarks money for drug courts, youth courts, mental health courts, CASA, legal aid, electronic court systems, and court support functions, and imposes administrative conditions on fund use, reporting, and transfers. The bill does not broadly amend substantive law, but it does reinforce and operationalize existing court-related statutes and special funds, while directing that certain interest earnings remain dedicated to judicial funds rather than the General Fund.

Sentiment

The bill appears to have been viewed as a standard and necessary judiciary funding measure, with very strong support in both chambers. It passed the House by a 93-2 vote and the Senate unanimously 45-0, indicating broad agreement on the need to fund court operations and related programs. The absence of committee transcript material suggests no major public debate is available in the record provided.

Contention

There is little evidence of major controversy in the available materials, but the bill contains several provisions that could draw scrutiny in other contexts: the anti-nepotism restriction, limits on using appropriated funds for attorney’s fees, the requirement that the Administrative Office of Courts control transfers and provide advance notice, and the detailed reporting/training conditions attached to youth court and other program funding. The bill also directs how interest and special-fund revenues are retained, which can sometimes be a point of budgetary concern. Even so, the near-unanimous votes suggest these issues were not politically divisive here.

Companion Bills

No companion bills found.

Previously Filed As

MS HB1764

Appropriation; Supreme Court, Court of Appeals and trial judges services.

MS HB1546

Supreme Court and Court of Appeals; judicial districts.

MS SB3112

General Fund; FY2026 appropriation to Holmes County for improvements to the circuit court courthouse.

MS SB3043

Appropriation; Tax Appeals Board.

MS SB2094

General Fund; FY2026 appropriation to Humphreys County for repairs to the county courthouse.

MS SB3219

General Fund; FY2026 appropriation to Chickasaw County for the Chickasaw County School District for improving tennis courts.

MS SB3246

General Fund; FY2026 appropriation to Scott County for ADA improvements to the county courthouse and county owned voting precincts.

MS SB2972

General Fund; FY2026 appropriation to Carroll County for the improvement, restoration and updating of the county courthouse.

MS SB3054

Appropriation; additional appropriations for various state agencies for FY2025 and FY2026.

MS HB689

Appropriation; Marshall County for repair and renovation of the courthouse.

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