States continue to press for federal legislation to intercept income tax refunds to pay for court fees and fines

Readers of Gavel to Gavel the e-publication (and if you aren’t, why not subscribe now?) may recall several weeks ago I discussed resolutions in 3 states that asked Congress to intercept tax refunds and similar items in order to collect court fees and fines. Two other states have now introduced similar legislation in last week.

Mississippi’s SCR 671 “urge[s] the United States Congress to support legislation to add conforming language to federal statutes that will enable the states to intercept federal tax refunds for payment of obligations under legally enforceable court orders.”

Delaware’s HJR 9 notes “Delaware has an intercept system for state tax refunds and state lottery recipients that has collected more than one million dollars ($1,000,000) in outstanding court-ordered restitution, fines, fees and costs, over the past ten years” and encourages Congress pass the federal intercept legislation currently pending.

Mississippi Judicial Selection: Which way will it go?

Mississippi has seven different types of courts. Five of these use nonpartisan elections (Supreme, Appeal, Circuit, Chancery, County), one uses a straight appointment (Municipal) and one continues to use partisan elections (Justice). Currently, the state’s legislature is considering several bills that take entirely different courses of action for these judicial races.

HB 304 and HB 409 would change Justice Court races, along with those for chancery clerk, circuit clerk,  and all other county offices, into nonpartisan races.

HB 460 and HB 494 on the other hand would convert all nonpartisan judicial elections into partisan ones.

Meanwhile, HCR 22 would change the Supreme Court into a modified appointment system. Under the constitutional amendment, justices would be nominated by the Governor and confirmed by the Senate. After serving their full term, they would be subject to a yes/no retention election.

It remains to be seen what changes, if any, the legislature opts to make.