AN ACT TO AMEND SECTION 9-21-43, MISSISSIPPI CODE OF 1972, TO SPECIFY THE SOURCES OF FUNDING FOR THE CIVIL LEGAL ASSISTANCE FUND; TO BRING FORWARD SECTIONS 25-7-9 AND 25-7-13, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; TO REENACT SECTIONS 27-19-56.99 AND 27-19-56.135, MISSISSIPPI CODE OF 1972, WHICH WERE REPEALED BY SECTION 29, CHAPTER 432, LAWS OF 2018, WHICH SPECIFY CHANCERY AND CIRCUIT COURT FEES AND FEES FOR CERTAIN SPECIALIZED MOTOR VEHICLE LICENSE TAGS; AND FOR RELATED PURPOSES.
Impact
The implementation of HB386 is expected to enhance the financial resources available for civil legal aid, specifically aimed at helping low-income residents access necessary legal assistance. By reinstating and revising the funding mechanisms for this essential program, the bill seeks to sustain and potentially expand legal services provided to underserved populations. This funding structure ensures that the financial viability of these legal services is better secured through fees that directly contribute to the fund, rather than being subject to annual legislative appropriations.
Summary
House Bill 386 amends the Mississippi Code of 1972 to establish clear funding sources for the Civil Legal Assistance Fund. The bill mandates that this fund be administered by the Supreme Court through its Administrative Office. The fund will consist of fees collected from civil filings in both the chancery and circuit courts, along with additional fees from distinctive vehicle license tags. These measures are designed to ensure that legal services are provided to low-income individuals in Mississippi who need assistance in civil matters.
Contention
Notably, opposition may arise regarding the approach of funding legal services through fees associated with civil filings and license tags. Critics argue that this funding model can disproportionately affect low-income individuals who may be discouraged from pursuing legal action due to increased costs. Additionally, concerns have been raised about the reliability and sufficiency of fees generated in this manner to meet the rising demand for civil legal assistance. The debate may center around the potential burden this creates on those already facing financial difficulties.