Mississippi Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Mississippi, with full citations and the original source on every page.
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Can a Mississippi deputy sheriff also work as a justice court deputy clerk and accept sworn affidavits?
Yes. The AG concluded that a deputy sheriff's work is a core executive function, but a justice court deputy clerk's statutory duties, including acknowledging affidavits, are not core judicial…
Must Mississippi charter schools follow public school testing rules and the 2026 Mississippi Math Act?
Yes for student assessment and accountability requirements, including student assessments in the 2026 Mississippi Math Act. The AG did not say every district staffing, administration, reporting, or…
Can a Mississippi public body require a records request, a fee, or a reason before someone inspects its meeting minutes?
No. Under the Open Meetings Act, a person may inspect a public body's minutes during regular business hours without filing a Public Records Act request, paying a fee, or giving a reason. A request…
Do Ocean Springs school board terms overlap in the same year, and can the city change an appointed member's term?
The AG concluded that one Ocean Springs school board term expires each year and therefore did not decide whether the city can adjust an appointed member's term. The opinion's background lists the…
Can a Mississippi circuit clerk summon the same people again if their first jury week was canceled and the jury wheel runs out?
The AG found no Mississippi statute barring a new summons for people drawn from the April 2026 jury wheel who never had to report because no trial was held, even if that wheel is exhausted. The…
Can Mississippi aldermen change who signs town checks, and do nepotism rules cover a contractor living with an alderman?
Municipal checks must be signed by the mayor or a majority of the aldermen, even when the payee is the town clerk; the board may require additional signatures but cannot replace those signers. The…
How should a Mississippi county reimburse its road and bridge fund when road crews work on other county projects?
The county must reimburse its road and bridge fund for costs incurred when that department's people, equipment, or materials are used for unrelated county work. The AG found no state-law formula for…
Can a Mississippi county waive its building permit and inspection fees for construction of a local school building?
Yes, for county fees. The AG treats waiving local permit and inspection charges as an in-kind contribution allowed when the board of supervisors makes and records the special-benefit findings…
Can a Mississippi sheriff require bail bond agents to attend court docket calls before they may write bonds at the jail?
No. The AG found no state-law authority for a sheriff to make attendance at circuit court docket calls a condition for writing bonds at the detention center. Because that policy was unauthorized,…
Does Mississippi regulate live auctions on Whatnot, and what counts as selling on a recurring basis?
The AG did not decide whether Whatnot or any particular seller falls under the Auctioneer Commission; the commission must make that factual determination. The AG said the commission may read…
Can a Mississippi county tax assessor close her office for severe weather without a local emergency declaration?
No. The AG said a county tax assessor could not independently close her office for severe weather without a local emergency declared by the board of supervisors. After a declaration, the board may…
Can a Mississippi code-charter mayor veto a procedural change approved by the board of aldermen?
Yes. Because official board action takes the form of an ordinance, resolution, or order, the mayor's statutory veto power covered a procedural change. The board could override the veto by a…
What could Mississippi's Dental Board examine when recognizing an out-of-state dental hygiene license?
The Board could determine whether every universal-recognition condition was met, including whether the out-of-state license had a similar scope of practice. It could not require Mississippi's…
Can an out-of-state dental hygienist qualify for a Mississippi license without meeting Mississippi's initial education rules?
Yes, if the applicant satisfies every condition in the Universal Recognition of Occupational Licenses Act. The Dental Board decides factual issues such as similar scope of practice but cannot add…
Which district lines control Chickasaw County justice-court jurisdiction and criminal venue?
Judicial district lines, not supervisor election lines, distinguished Chickasaw County's two justice-court districts. Judges had countywide jurisdiction, but a criminal defendant had to be tried in…
May Mississippi's pharmacy board give licensee contact information to the pharmacists association, and how many votes does the board need to act?
The AG concluded that the board must provide license and contact information needed for the association's statutory nomination and ballot duties. Board action requires a majority of the quorum present.
Does Mississippi's nepotism statute prevent a county board of supervisors from hiring a board member's relative as park director?
No. The Attorney General concluded that park director is not one of the five employee classes covered by the nepotism statute, so hiring a supervisor's relative for that position did not violate…
May a Mississippi county emergency-management director also serve as a justice-court judge in another county?
No. An emergency-management director exercises executive core powers and a justice-court judge exercises judicial core powers. The AG concluded that accepting the judgeship would automatically…
Can a Mississippi public improvement district charge retailers a user fee based on taxable sales and allow it to appear separately at checkout?
Yes, with statutory conditions. A public improvement district may charge retailers for district facilities and services, calculate the fee by taxable retail sales, and allow a separately disclosed…
Can a Mississippi police chief use a city vehicle to commute to a second job outside the city?
Usually no. Letting a municipal employee use a city vehicle for a second job is ordinarily an impermissible donation of public property. A city may allow it only when a specific statute authorizes…
Can a Mississippi community college ban vaping, regulate guns, and search college property?
Generally, yes. Section 37-29-67 gives a Mississippi community college board broad authority to ban tobacco and vaping, regulate firearms, and adopt entry or search policies for college-controlled…
Which court can expunge a Mississippi municipal court conviction: the municipal court itself?
Yes. The municipal court where a person was convicted keeps the authority to expunge that conviction, unless a statute directs otherwise. Section 99-19-71 lets a first-offender misdemeanant petition…
Can a Mississippi school district subsidize rent to help its employees afford housing?
Mississippi law does give school boards a path to help employees with housing: Section 25-19-1 authorizes public employers, including school boards, to establish employer-assisted housing programs…
How can a Mississippi city pay a municipal employee more for taking on duties beyond her regular job?
The city cannot simply hand the employee extra pay for work she has already taken on. To compensate her for duties outside her regular position, the city must renegotiate the terms of her employment…
Can a Mississippi utility district sell a perpetual easement for cell tower space on a water tank instead of just leasing it?
The Tunica County Utility District's local and private legislation gives it general authority to grant easements and contract, but does not specifically authorize an extended-term or perpetual…
Does Mississippi's sex offender school-exclusion law apply to a community college campus that also has an on-site childcare center?
Enrollment in postsecondary coursework does not fall within the statutory exception that lets a registered sex offender be present at a 'school' where they are legally enrolled, because Section…
Which Mississippi county does an out-of-state resident register a vehicle in if they keep it on land they own with a camper on it?
Under Mississippi law, a vehicle's domicile, not the owner's residence, determines where it must be registered and taxed. Whether a specific vehicle is domiciled in a Mississippi county is a factual…
Can a Mississippi town cut off water service to an out-of-town homeowner who refuses to connect to a new sewer line?
No. A Mississippi town may not terminate the water service of a homeowner outside its corporate limits solely because that homeowner rejects new sanitary sewer services, and there is no statutory…
Can an individual alderman in a Mississippi code charter city direct city employees or run a department's day-to-day operations?
An individual alderman generally has no authority to direct the daily activities of municipal employees or get involved in running a department, and doing so can violate the separation-of-powers…
Can a Mississippi county board of supervisors install a culvert or grade an entrance from private property to a state highway?
Yes. Under Miss. Code § 65-7-81, the board of supervisors has discretionary authority (subject to MDOT approval) to install culverts or maintain entrances from private property to state highways…
Can a Mississippi state senator run for justice court judge and keep his Senate seat, or does winning the judgeship cost him the legislative seat?
A Mississippi state senator may run for justice court judge while remaining in the Senate. But taking the oath of office as a judge automatically vacates the Senate seat under Article I, §§ 1 and 2…
Can a Mississippi public utility commission offer different employer-paid health insurance percentages to employees who join a wellness program versus those who don't?
Yes. Mississippi law lets a public utility commission split employees into two groups based on voluntary wellness-program participation and pay a different employer share for each group, as long as…
Can a Mississippi county board of supervisors use county funds to repair a dam on private property when the dam threatens to wash out a nearby public road?
Yes, if the board satisfies the procedural steps in § 19-5-92.1(2): (a) make a formal finding on its minutes that the work is necessary for public health, safety, and welfare; (b) give written…
Can the Mississippi Department of Revenue or a county tax assessor set the 'true value' for property tax purposes higher than the property's appraised or market value?
The AG quotes § 27-35-50(1), which says true value includes, but is not limited to, market, cash, actual cash, proper, and appraisal value. It declines to decide whether a particular assessment or…
Can a Mississippi tax assessor compound the 10% penalty year over year when a taxpayer fails to file a rendition for personal property?
No. Section 27-35-45 calls for a 10% increase to the current year's assessment when a taxpayer fails to list taxable personal property. The AG says the statute does not provide for annual…
When someone on probation or parole picks up a new misdemeanor charge, can the judge fully revoke supervision the same way the judge could for a felony, or only impose the shorter graduated revocation periods that apply to 'technical' violations?
Only the shorter graduated periods. Under Mississippi law, a new misdemeanor that violates an 'obey all laws' supervision condition is a 'technical violation' under § 47-7-2(q), so the…
Can a Mississippi county unilaterally declare a 40-foot right-of-way along all county-maintained roads so it can grade, drain, and run utilities through it?
No. Mississippi counties cannot unilaterally declare a uniform right-of-way easement along county roads. Easements have to be acquired through gift, purchase, deed, dedication, eminent domain, or…
If a Mississippi church owns property but uses it primarily as a school, does the property still qualify for ad valorem (property) tax exemption?
Maybe. There are two possible exemptions in Section 27-31-1(d): one for religious-society property used 'exclusively' for the society and not for profit, and a separate one for any property used to…
Does a Mississippi bank have to pay the city's local business privilege tax, or does the statewide finance-company privilege tax exempt it?
The statewide finance-company privilege tax in § 27-21-3 specifically excludes 'banks, state or national,' but that exclusion only applies to the statewide tax. It does not exempt banks from the…
Can a Mississippi state agency contribute to a federal Section 530A 'Trump account' for an employee's child as part of the employee's benefits package?
No, not under current state law. There is no statute authorizing Mississippi state agencies to make contributions to Trump accounts as a benefit. State agencies can only offer benefits the…
Who can legally use blue lights and sirens to escort an oversize truck load on a Mississippi state highway?
Mississippi restricts blue lights to police vehicles used for emergency work and bars their use or display by anyone other than an on-duty law enforcement officer. Section 63-5-49(6) authorizes an…
When the Mississippi Department of Education has both a State Superintendent and a State Board of Education, which one is the 'agency head' for purposes of the Internal Audit Act?
The State Board of Education. The Mississippi Internal Audit Act defines 'agency head' as either an elected agency head, an executive director, or a governing board responsible for heading an…
When a city arrests a person and that person is bound over to the grand jury, does the city or the county pay the jail housing bill?
The county pays the upkeep and expenses of a municipal prisoner bound over to the grand jury after a preliminary hearing or waiver. The county remains responsible if the grand jury does not indict,…
Can a Mississippi county that helps fund a community college reduce its yearly tax levy to the college based on its own changing budget?
No, with one narrow exception. Section 37-29-141(1) prohibits a member county from levying a smaller millage for a junior college district than it did the previous year unless the college's board of…
Can a Mississippi sheriff also work a part-time job for a local school district?
A sheriff's school-district job does not violate separation of powers if it is in the executive branch or does not exercise core legislative or judicial powers. The AG does not classify any specific…
Can a Mississippi drainage district let a neighboring private landowner modify a public drainage ditch?
No. A drainage district has only the powers the statutes give it, and Mississippi law gives the district (not the adjoining landowner) exclusive control over its drainage ditches. Section 51-29-73…
Can the Mississippi State Treasurer invest the excess tax dollars Mississippi collects from medical cannabis sales in a money market fund?
Yes, but only if the State Treasurer determines (1) that the cannabis tax revenues sitting in the General Fund really are 'excess' beyond seven business days of operating need, (2) that they cannot…
Can a Mississippi constable handle the squatter-removal affidavit under the Real Property Owners Protection Act, or must landlords go to a sheriff or police department?
The new statute does not say. It tells a property owner to file the squatter-removal affidavit with 'the law enforcement agency' of the county or municipality, but it does not define that term and…
Can a Mississippi city hire a councilmember's daughter for a 'cashier/clerk' job in the city electric department, given the state nepotism law?
It depends on the actual duties of the position. Mississippi's nepotism statute (Section 25-1-53) bans hiring a relative within the third degree as an 'officer, clerk, stenographer, deputy or…
Can a Mississippi school board ban people with enhanced concealed-carry permits from bringing firearms to school athletic events, especially when the high school activities association says they have to?
The AG reaffirms that a school district may not bar enhanced permit holders with concealed pistols or revolvers from a school facility or athletic event to which the public is normally permitted. It…
Can Adams County let homeless individuals shower at its FEMA-funded emergency shelter when there is no declared disaster?
Yes, if the county adopts a uniform written policy authorizing such private use of the shelter and collects from the user any actual costs the county incurs (cleaning, utilities). Without those…
When a church or religious organization buys property in Mississippi, when does the property tax exemption start, and can it be applied retroactively to the current tax year?
The exemption starts at the next lien-attachment date after the religious organization meets the statutory requirements, not retroactively to the current year. For real property, the lien attaches…
Can a Mississippi city give a long-term lease of city property to a non-profit for $1, or some token amount?
A municipality cannot lease property for nominal consideration unless a statute specifically authorizes it. The AG identifies several possible statutes, but leaves their application to the city's…
Can Hattiesburg spend city funds to help homeless individuals get the ID documents they need to apply for a job or housing?
Yes, conditionally. The City can spend funds for this purpose if its governing authorities determine (1) the city's Homeless Coordinator program is a 'social and community service program' under…
Can Pascagoula spend the tourism tax it collects from hotels and bed-and-breakfasts on tourism, economic development, and recreation programs?
Yes. The 2004 local and private law authorizing the city's 3% lodging tax expressly says the funds are for 'the purpose of providing funds to promote tourism, economic development and recreation.'…
When a Mississippi county sets the wrong millage rate for a school district by mistake, can the county correct the levy mid-year, and can it use general-county tax revenue to bail out the shortfall?
No to both. Once the new fiscal year begins, there is no statutory mechanism to amend the school district's millage; the school district has to issue a shortfall note under Section 37-57-108 to…
Can the Mississippi Soil and Water Conservation Commission accept federal money for flood-control studies and design work, and can it operate in counties inside Mississippi River levee districts without those counties' permission?
Yes to the federal funds, conditionally. Section 69-27-13(f), (g), and (j) authorize the Commission to receive and administer federal grants for studies, classification, and recommendations on land…
Can a Mississippi alderman who is also a PERS retiree skip his alderman salary so he can keep his retirement check, and what does the town have to do to make it official?
Yes. Section 25-11-127(6)(a)(i) lets a PERS retiree who is elected to municipal or county office file an annual written waiver of all salary or compensation in exchange for keeping the retirement…
Can a Mississippi city let a political party's local executive committee meet in city hall for free?
Yes, but only if the city has adopted a uniform written policy that allows private groups to use city facilities, and the city collects from the user any actual costs the city incurs (cleaning,…
Can a Mississippi county redirect money from a county-owned nursing home into fire, rescue, and 911 services instead of just ambulance services?
Yes, but the nursing home's board of trustees, not the county, must make the call. The board must find that funding the additional emergency services 'will benefit the health or welfare of the…
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Attorney general opinions in Mississippi are written by the Mississippi Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.