MS 2023-05-J-Littleton-April-26-2023-Court-Reporter-Salary-for-County-and-Youth-Court April 26, 2023

Can a county and youth court reporter in Mississippi be paid more than $64,000 a year?

Short answer: No. Mississippi's circuit/chancery court reporter cap of $64,000 (for reporters with 10+ years of experience) under § 9-13-19(1) flows down to county and youth court reporters via § 9-13-61, which lets the board of supervisors pay them a salary equal to the circuit court reporter. Section 43-21-123 ties youth court funding to the same regime. Read together, the cap applies.

Disclaimer: This is an official Mississippi Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Mississippi attorney for advice on your specific situation.

Plain-English summary

The Leflore County Court and Youth Court Judge asked the AG a simple question: can a court reporter in his court be paid more than $64,000 a year?

The answer requires reading three statutes together:

§ 9-13-19(1) caps circuit and chancery court reporters' annual salaries at $64,000 (for those with 10+ years of experience). The board of supervisors is authorized to pay county court reporters "the applicable amount of the maximum salary authorized by this section."
§ 9-13-61 authorizes the board of supervisors, in its discretion, to pay county and family court reporters "a monthly salary equal to that of the reporter of the circuit court district wherein the county lies."
§ 43-21-123 requires the board of supervisors to provide funds for youth court operations in conjunction with the regular chancery, county, or family court budget.

Read together: the circuit/chancery cap of $64,000 flows down to county and youth court reporters because their salary is statutorily linked to the circuit court reporter. There is no separate higher cap for county and youth court reporters.

The opinion notes one narrow exception that doesn't apply here: a circuit or chancery court reporter who also performs court administrator duties can exceed the cap, but that exception is for circuit and chancery reporters specifically, not county or youth court.

What this means for you

If you're a Mississippi county court reporter or youth court reporter

Your maximum annual salary is $64,000, regardless of experience beyond 10 years. The board of supervisors has discretion to pay you up to that amount but cannot exceed it.

If you're a county supervisor

When budgeting for court reporter compensation, the $64,000 cap applies to all reporters serving in circuit, chancery, county, family, or youth court within your county. Compensation above that cap is unauthorized.

If you're a county and youth court judge

Recognize the structural ceiling. If you have a deeply experienced reporter you want to retain, the cap is the cap. Other compensation strategies (e.g., supplemental pay for court administrator-style duties in circuit/chancery contexts only) might apply in some circumstances, but not for pure county/youth court reporting work.

If you're a state auditor

A county paying its court reporter above $64,000 should have a documented justification falling within the narrow exception (court administrator duties in circuit or chancery context). Pure youth/county court reporter compensation above the cap is exposed.

Common questions

Q: Why does the cap apply to youth court reporters?
A: Section 43-21-123 ties youth court budgeting to the regular chancery, county, or family court budget. Court reporters in those courts are governed by the cap, so reporters in youth court are too.

Q: What if my county wants to pay above the cap?
A: There is no statutory authority to pay above the cap for county or youth court reporting work. The legislature would have to amend § 9-13-19 or § 9-13-61 to allow it.

Q: What's the cap for less-experienced reporters?
A: Under § 9-13-19(1): $49,500 for reporters with 5 years or less; $58,500 for those with more than 5 but less than 10 years; $64,000 for 10+ years.

Q: Can a reporter performing court administrator duties earn more?
A: Section 9-13-19 has an exception for court reporters performing court administrator duties in the same judicial district, but that exception applies only to reporters of circuit and chancery courts, not county or youth courts.

Q: What about a reporter who works for both circuit and county courts?
A: Cross-court arrangements raise allocation questions. Talk to county counsel and the State Auditor.

Background and statutory framework

Mississippi treats court reporters as a regulated salary category. Section 9-13-19 sets the cap structure for circuit and chancery court reporters. Section 9-13-61 anchors county and family court reporter pay to the circuit/chancery reporter pay. Section 43-21-123 routes youth court budgets through the same pipes.

The result is a single salary ceiling for all county-court-track court reporters: $64,000 for the most experienced. The cap reflects legislative judgment about appropriate compensation tiers for trial-court support staff in Mississippi.

Citations and references

Statutes:
- Miss. Code Ann. § 9-13-19 (circuit and chancery court reporter compensation)
- Miss. Code Ann. § 9-13-19(1) (salary tiers and cap)
- Miss. Code Ann. § 9-13-61 (county and family court reporter compensation)
- Miss. Code Ann. § 43-21-123 (youth court funding)

Source

Original opinion text

April 26, 2023

The Honorable James K. Littleton
County and Youth Court Judge, Leflore County
Post Office Box 1155
Greenwood, Mississippi 38935

Re: Court Reporter Salary for County and Youth Court

Dear Judge Littleton:

The Office of the Attorney General has received your request for an official opinion.

Question Presented

May a court reporter for a Mississippi county and youth court receive a salary exceeding $64,000.00?

Brief Response

No. Read in conjunction, Mississippi Code Annotated Sections 9-13-19, 9-13-61, and 43-21-123 restrict a court reporter for a Mississippi county and youth court from receiving a salary exceeding $64,000.00.

Applicable Law and Discussion

Section 9-13-19(1) provides, in part:

Court reporters for circuit and chancery courts may be paid an annual salary payable by the Administrative Office of Courts not to exceed Forty-nine Thousand Five Hundred Dollars ($49,500.00) for court reporters with five (5) years' experience or less; not to exceed Fifty-eight Thousand Five Hundred Dollars ($58,500.00) for court reporters who have more than five (5) years' experience but less than ten (10) years; and not to exceed Sixty-four Thousand Dollars ($64,000[.]00) for court reporters who have ten (10) years or more experience. No amount of the increase in the maximum salary authorized by this section shall be paid from the State General Fund. The board of supervisors of any county is authorized to pay its court reporters the applicable amount of the maximum salary authorized by this section.

Section 9-13-61 provides, in pertinent part:

Except as hereinafter provided, the reporters of [each county and family court judge] shall receive an annual salary of not less than Twenty-four Thousand Dollars ($24,000.00) and may, at the discretion of the board of supervisors, receive a monthly salary equal to that of the reporter of the circuit court district wherein the county lies, the same to be paid monthly by the county out of its general fund.

In summary, presuming that the circuit or chancery court reporter has 10 years or more experience as set forth in Section 9-13-19(1), that section caps the annual salary payable to court reporters for circuit and chancery courts at $64,000.00. Section 9-13-61 authorizes a county board of supervisors, in its discretion, to pay court reporters for county and family courts "a monthly salary equal to that of the" court reporter for the circuit court. (Emphasis added). Finally, Section 43-21-123 provides that the board of supervisors "shall adequately provide funds for the operation of the youth court division of the chancery court in conjunction with the regular chancery court budget, or the county or family courts where said courts are constituted." Read together, these statutes restrict a court reporter for a Mississippi county and youth court from receiving a salary exceeding $64,000.00.

The only statutory exception to the cap set forth in Section 9-13-19(1) is found in the continuation of that subsection pertaining to circuit and chancery clerks and applies to a court reporter performing the duties of the court administrator in that same judicial district. However, as stated therein, this exception only applies to court reporters for circuit and chancery courts.

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,

LYNN FITCH, ATTORNEY GENERAL

By: /s/ Maggie Kate Bobo
Maggie Kate Bobo
Special Assistant Attorney General