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 poll worker stop a candidate or supporter from using a bullhorn near a polling place, even if the person stays outside the 150-foot buffer zone?
Yes. The poll manager designated as election bailiff has authority under § 23-15-241 to stop the use of a bullhorn or other amplifier (with police help if needed) when it creates a disturbance, an…
Can a Mississippi Public Service Commissioner accept a campaign contribution from a lawyer or lobbyist whose firm represents a utility regulated by the PSC?
Mississippi's Section 77-1-11 prohibits a PSC commissioner, candidate, or employee from knowingly accepting a campaign contribution from anyone interested as owner, agent, or representative of a…
Can a Mississippi city return private donations made for a specific purpose if the project doesn't happen?
Yes, in limited circumstances. A Mississippi municipality that received donations for a specific restricted purpose may return the funds if it cannot or will not carry out that purpose. The AG…
If a complaining party drops misdemeanor charges in a Mississippi justice court, who pays the drop-charge fee and the court costs?
A Mississippi justice court can impose a fee of up to $50 when a misdemeanor charge is dropped or dismissed, and can assess court costs in petty misdemeanor cases that are dismissed at the request…
Is a Mississippi mayor's written veto of a city council action a public record, and can the public see it?
Yes. A Mississippi mayor's written veto is a public record under the Public Records Act of 1983 from the moment it meets the statutory definition (used or possessed for public business). It doesn't…
What counts as a 'disability' that allows a Mississippi voter to get help at the polls?
Section 23-15-549 doesn't define 'disability,' so the Mississippi AG applies the common dictionary meaning. A voter has a 'disability' that qualifies them for assistance if a physical, mental,…
Can a Mississippi school district use activity funds to buy MHSAA athletic passes for chaperone employees?
Yes, if the school district determines the passes are necessary expenses or travel costs for chaperones to attend a school-related program beneficial to official or extracurricular programs.…
Did SB 2647 strip the Mississippi Real Estate Commission of its power to discipline licensees who violate Section 73-35-21?
No. The new Section 73-35-21(6), added by SB 2647 in 2023, limits the Mississippi Real Estate Commission's rulemaking and administrative interpretation, but does not repeal its power to refuse,…
When a Mississippi mayor-council city redistricts after the census, do the new ward lines take effect right away or wait until the next election?
If census data is published six months or more before the first municipal party primary, the reapportioned wards become the basis for representation effective immediately upon council adoption. Only…
When a Mississippi school attendance officer files a truancy petition, which courts can hear the case?
Youth courts have exclusive original jurisdiction over child-neglect matters, so a truancy petition can go there. For prosecution of the parent or guardian under Section 97-5-39 (contributing to…
When a Mississippi bill stages two amendments with different effective dates, do the other unrelated subsections also wait?
The January 1, 2024 effective date in the second amendment to Section 23-15-227(1) in SB 2353 applies only to that amendment. Sections 1(2), (3), (4), and (5) of SB 2353, which addressed other…
Does a Mississippi statute's title affect what the statute means if the body of the statute is unambiguous?
The title of a Mississippi statute does not control its meaning unless the text is ambiguous. Senate Bill 2077's title mentions 'cash basis measurement only,' but the actual statutory text of…
Can a Mississippi regional utility authority pay membership dues to join a local chamber of commerce?
No. The local and private legislation creating the DeSoto County Regional Utility Authority doesn't authorize it to pay membership dues to join a local chamber of commerce. Counties and…
If a Mississippi county employee made an unauthorized purchase, can the county itself go to court to get permission to pay the vendor?
No. Mississippi law does not authorize a county to petition a court for permission to pay an unauthorized invoice or to initiate a lawsuit to correct its own purchasing failure. The vendor must file…
Can a Mississippi prosecutor combine three shoplifting visits to the same store into one felony shoplifting charge under Section 97-23-93(9)?
Under the version of Section 97-23-93(9) in effect before July 1, 2023, a prosecutor could not combine three visits to the same Mississippi store into one felony shoplifting charge; the aggregation…
Can a Mississippi city allow four-wheelers, side-by-sides, and golf carts in a parade on city streets?
A Mississippi municipality may, by ordinance, allow golf carts and low-speed vehicles to participate in parades on city streets. But under Section 63-31-3(6), there is no statutory authority for…
When can a Mississippi city pay to maintain a sewer grinder pump that sits on a homeowner's private property?
A municipality may install and maintain a grinder pump on private property only if the city makes a factual finding that the pump is necessary for the municipal sewer system to function (not solely…
Can a registered sex offender in Mississippi live within 500 feet of a public beach, and does the 3,000-foot rule for playgrounds apply to beaches?
A registered sex offender who wishes to reside less than 500 feet from a public beach in Mississippi must get advance approval from the Director of the Department of Public Safety Sex Offender…
Can a Mississippi community college lease its land to a solar or wind energy company for a renewable energy project?
Yes. The word 'facilities' in Section 37-29-135 includes renewable energy facilities under the statute's plain-meaning test. A Mississippi community college's board of trustees may lease land or…
In Mississippi, can a city council interview candidates before appointing them to the local school board?
Yes. Assuming the city's charter is silent, the city council may interview candidates for school board appointment under Mississippi's municipal home-rule statute, Section 21-17-5. The AG referred…
Can a Mississippi city library use a general appropriation from the city to fund repairs and maintenance, or does the city council have to vote a separate special appropriation?
Yes. A Mississippi public library system created under Article 1 of Title 39 Chapter 3 may use a city's general appropriation, with no special set-aside required, to make repairs and maintain its…
In Mississippi, can someone running for county election commissioner show a political party label on the ballot, and can a sitting commissioner stay in their party?
Yes, with strict limits. A candidate for county election commissioner may declare a party affiliation and have it printed on the ballot under Section 23-15-213(3). A sitting commissioner may remain…
If a Mississippi county orders road equipment before the supervisors' last six months in office but the equipment doesn't arrive until after the cutoff, does that violate the six-month rule?
No violation. Mississippi Code § 19-11-27 prohibits a board of supervisors from buying machinery or equipment in the last six months of their term. The 'buying' happens when the purchase requisition…
Can Mississippi's child-protection agency spend its state funds to buy a parent a car or pay private-school tuition for a child in state custody?
Before July 1, 2023, no. Mississippi Department of Child Protection Services state funds could not be used to buy a vehicle for a parent of a child in agency custody, or to pay private school…
Does a Mississippi town have to withhold state income tax from aldermen's pay and from the city attorney's pay?
For state taxes, aldermen are employees of the town and their pay is subject to state income tax withholding. The city attorney is either a town employee or an independent contractor, depending on…
Can a Mississippi city require apartment complexes and multi-unit housing developments to install security cameras and turn over the recordings to police?
No. A Mississippi city is not authorized under § 21-17-5 (home rule) or § 21-19-15(1) (police regulations) to require private apartment complexes to install security cameras or to maintain and…
Does a Mississippi justice court judge get an automatic raise when the county's population grows past a salary-tier threshold?
No raise for population growth alone. A Mississippi justice court judge's salary under Section 25-3-36(2)(b) is locked to the salary scale in effect on September 30, 2008, not the current…
Can a Mississippi bus driver bring their own kids on the school bus when transporting students to a game or other school event?
No. Mississippi law lets school buses carry students to athletic or extracurricular events only when those students are participating in the event. The driver's own kids, grandkids, or wards may not…
Can a Mississippi city zone a county-owned utility plant or pass an odor ordinance against it?
JCUA is generally subject to reasonable municipal zoning that does not prevent it from fulfilling its statutory duties. A city may adopt nuisance odor regulations under § 17-1-3(1), but the AG did…
Can a Mississippi community college nursing program require students to get the COVID-19 vaccine?
Generally no. HB 1509 makes it unlawful discrimination for a Mississippi public community college to deny educational opportunities based on COVID-19 vaccination status, including in nursing…
When the Mississippi Workers' Compensation Commission hires, fires, promotes, or demotes staff, does the chairman decide alone or does the full Commission act as a body?
It depends on the action. The chairman acts alone on day-to-day administrative work and case-assignment decisions. But for promulgating rules and regulations, including rules for the appointment,…
If a nonresident alien buys more than 320 acres for industrial development in Mississippi, does the statute automatically void the transfer?
Section 89-1-23 does not say a transfer contrary to its limits is null and void. It says land held or acquired contrary to the section shall escheat to the state. The AG did not decide whether any…
If someone is court-committed for drug or alcohol treatment in Mississippi, can the state hospital just transfer them to the psychiatric ward?
No. A state hospital cannot reroute a person court-committed for substance use disorder treatment into an inpatient psychiatric ward under Section 41-31-11. The hospital's medical director can,…
Can Mississippi's Medicaid agency negotiate liability caps with actuarial firms, or does the state constitution prohibit limiting their liability?
The AG declined to opine on whether § 43-13-117(K) violates Mississippi Constitution § 100. Statutes are presumed constitutional until a court of competent jurisdiction rules otherwise. Section…
Can a Mississippi small-town police chief also work part-time for the city's water utility?
Yes, with limits. The Mississippi AG sees no separation-of-powers problem with a town's police chief also serving as an assistant water utility maintenance worker, since both positions are in the…
If a Mississippi school board approved a job and supplements but couldn't pay the full salary until the salary cap was amended, can the employee get back pay?
The AG declined to opine. Whether a Mississippi school district's delay in amending its administrative salary cap to permit supplemental pay qualifies as the 'administrative error' exception to…
If a Mississippi city annexes my neighborhood, do I have to wait two years before I can run for city council?
No new wait. Mississippi candidates need two years of continuous residency in the territory they want to represent (§ 23-15-300(1)). When a municipality annexes part of the county, residents of the…
Can the Harrison County Utility Authority approve a solid waste contract over Gulfport's abstention, when the city no longer participates in solid waste services?
No. The Harrison County Utility Authority can only enter contracts affecting rates, bonds, or capital improvements by unanimous vote of all board members under § 49-17-729(2). Even though Gulfport…
Can a county and youth court reporter in Mississippi be paid more than $64,000 a year?
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…
Can a Mississippi town donate money to a Boys and Girls Club that serves town kids but has its main office in a neighboring city?
Yes, if the chapter operates within the town. A Mississippi municipality may donate annually to any chartered chapter of the Boys and Girls Clubs of America 'located within the municipality' under…
If a Mississippi county's assessed property value drops below the next salary tier, do the supervisors lose their old salary or get the new statutory raise?
When a county's assessed valuation drops into a lower tier of Section 25-3-13, supervisors keep their previously locked-in salary (no reduction allowed) but only become eligible for the lower tier's…
If a Mississippi justice court judge retires through PERS but stays on the bench, can they still collect $25 wedding fees on top of the 25% compensation cap?
No. A justice court judge who retired under the Public Employees Retirement System and continues serving in the same office is capped at 25% of his or her average compensation under § 25-11-127(6).…
Can a Mississippi charter school operator consolidate two separate charter contracts (for two grade-divided schools sharing one building) into a single contract to cut administrative costs?
The Charter Schools Act does not directly speak to consolidating two existing charter schools into a single contract. But the Mississippi Charter School Authorizer Board has authority under §…
If a Mississippi juvenile is caught with cash and drugs, can the sheriff seize the cash for civil forfeiture or does juvenile status protect it?
Yes. The Uniform Controlled Substances Act forfeiture statute (§ 41-29-153) lets local law enforcement seize money possessed by anyone at the time of arrest for felony possession with intent to…
When a Mississippi county sheriff is sued personally over how he handled an arrest warrant, does the county have to find a financial stake before paying his legal fees?
It depends on what kind of case. For civil lawsuits like this one, a Mississippi county can pay an officer's legal defense after the board of supervisors makes a factual finding (on its minutes)…
Under Mississippi's unit-system county road administration, can a board of supervisors deliberately split road bond money equally among the supervisor districts?
No. Under Mississippi's countywide unit system of road administration (§ 19-2-3), all road and bridge funds, including bond proceeds, must be spent based on the needs of the county as a whole,…
If a Mississippi county hires an online auction vendor to run its delinquent tax sale, can the $20-per-parcel auction fee be charged to property owners who redeem their land?
Yes. A $20-per-parcel auction fee paid by a Mississippi county to an online auction vendor handling its delinquent tax sale is a 'cost[] incident to the sale' under Miss. Code Ann. § 27-45-3 and can…
What does it mean for a Mississippi commission to be 'assigned to' the Secretary of State 'for administrative purposes only'?
The Office of the Secretary of State must provide the Mississippi Commission on the Holocaust with administrative support (management of activities, organizational tasks) as the commission needs,…
If a Mississippi county made an error and overcharged me on property taxes for ten years, can the county refund all ten years?
No. A Mississippi county acting on its own motion cannot refund erroneously paid property taxes. On a taxpayer's petition or application, the tax collector may issue a refund after the board of…
Can a Mississippi school district run a school bus route to bring teachers to work from out-of-district towns as a recruitment perk?
No. Mississippi school districts have no statutory authority to use public school buses to transport teachers and other employees to and from work, even on a commuter route from outside the…
Can a Mississippi town marshal require department employees to clear discussions with him before talking to the mayor or town aldermen?
Yes. As the municipality's chief law enforcement officer under Miss. Code Ann. § 21-21-1, a Mississippi town marshal has supervision and control over all municipal police officers and may adopt and…
If a Mississippi defendant out on bond gets locked up in another state, does Mississippi treat that out-of-state custody as 'another jurisdiction' for bail-bond surrender purposes?
Yes. The phrase 'another jurisdiction' in Mississippi bail-bond statutes includes jurisdictions outside Mississippi. If a bail agent surrenders a defendant who is incarcerated in another state by…
Can a Mississippi town add a checkbox to water bills letting customers round up to the nearest dollar and donate the change to a local charity?
No. A Mississippi town cannot add an optional 'round up your water bill' donation feature. The state's municipal utility-revenue statutes do not permit intentional collection of surplus revenue, and…
Can a Mississippi county lease a privately-owned building and let a local food-pantry nonprofit use the space rent-free?
No. A Mississippi county cannot spend public money to lease space in a privately-owned building so a nonprofit can occupy it rent-free or for nominal rent. That structure is an unlawful donation…
When a Mississippi justice court holds civil court in the morning and criminal court the same afternoon, does the constable serving as bailiff get one fee or two?
Two separate fees. A constable who serves as bailiff in justice court for civil cases gets a fee between $55 and $100 for each day or portion of a day in civil court, and a separate $55 to $100 fee…
If a Mississippi town's competitive bid notice for a construction project gets no response, can the design consultant just call up contractors privately and pick one?
No. Mississippi's competitive bidding statute (§ 31-7-13(c)) requires public advertisement for purchases over $75,000. When no bids come in, the town has to start the process over with a new…
Can a Mississippi city pay employees a $200 annual bonus for getting a yearly wellness check from their primary care doctor?
Yes, if structured properly. The City of Biloxi can pay a $200 annual incentive to employees who get a wellness check, but only if the program is (1) contracted with the employee before the wellness…
When a defendant skips court-ordered jail time in Mississippi, is that civil or criminal contempt, and can the judge order them locked up right away?
It depends. Whether skipping court-ordered jail time is civil or criminal contempt is a mixed fact-and-law question that the judge has to decide based on the primary purpose of the contempt order.…
When a Mississippi nonprofit historical society leases a city building for a museum, is that leasehold interest exempt from property tax?
No. While property owned by a historical society is exempt from ad valorem tax under § 27-31-1(d) when used exclusively and not for profit, that exemption does not extend to a leasehold interest the…
Can a Mississippi municipal court punish a student caught with tobacco or a vape on school grounds when no other offense is involved?
No. § 97-32-9 prohibits students from possessing tobacco or alternative nicotine products on school property, but the punishment provisions only apply when the student is also found in violation of…
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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.