9-9-37 - Certain counties may establish or abolish court.
§ 9-9-37. Certain counties may establish or abolish court.
From and after July 1, 1985, in any county not brought within the provisions of this chapter by the terms of Sections 9-9-1 and 9-9-3 thereof, and in which a county court is not in existence, on a petition of ten percent (10%) of the qualified electors of such county, addressed to the board of supervisors, an election shall be called by the said board and conducted in such a way and manner now provided by law for a special election for the purpose of determining whether or not said court shall be established in such county; and, if a majority vote at such election in favor of a county court, then the election commission shall so certify to the Secretary of State and the Governor shall then issue a proclamation establishing the county court in such county; and thereafter at the next succeeding meeting of the board of supervisors the board shall call an election for the election of a county judge, and such election shall be conducted in the way and manner now provided by law for holding a special election.
Any county which has or may come under the provisions of this chapter by an election as provided above may thereafter come from under this chapter in the manner hereinafter provided. On petition of ten percent (10%) of the qualified electors of such county, addressed to the board of supervisors of such county, an election shall be called by such board of supervisors and conducted in the way and manner now provided by law for a special election for the purpose of determining whether or not such county court shall be abolished in said county; and, if the majority vote at such election in favor of abolishing the county court, then the election commission shall so certify to the Secretary of State. The Governor shall then issue a proclamation declaring that the county court in said county be abolished on the first day of the month next succeeding such election.
In the event the county court is established or in the event the county court is abolished under the provisions of this section, then an election shall not be called on such subject within less than two (2) years thereafter.
The salary of the county judge in all counties which may come under the provisions of this chapter by an election as provided in this section shall be fixed at such amount as provided for in Section 9-9-11.
Sources: Codes, 1930, §§ 697, 706; 1942, §§ 1608, 1618; Laws, 1926, ch. 131; Laws, 1932, ch. 200; Laws, 1934, ch. 233; Laws, 1936, ch. 254; Laws, 1946, ch. 370; Laws, 1950, ch. 251; Laws, 1952, ch. 238; Laws, 1954, ch. 230; Laws, 1954, Ex Sess ch. 15; Laws, 1955 Ex. ch. 39, § 1; Laws, 1956, chs. 231, §§ 1, 2, 233; Laws, 1960, ch. 234; Laws, 1966, ch. 345, § 1; Laws, 1968, ch. 311, § 2; Laws, 1970, ch. 402, § 4; Laws, 1971, ch. 495, § 1; Laws, 1985, ch. 502, § 61, eff from and after July 1, 1985.