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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If no probation revocation hearing happens within 21 days, must the Mississippi sheriff release the probationer?
Yes. Section 47-7-37(3) makes release mandatory if a probation revocation hearing is not held within 21 days of detention. The sheriff physically holds the probationer and must release them, even if t…
Can Mississippi's Wildlife Commission allow commercial trade of farmed white-tailed deer between licensed breeders?
Yes. Mississippi generally bars buying or selling game animals (§ 49-7-51), but the statute carves out trade 'specifically permitted by law or regulation.' The Commission has plenary authority over wh…
Can a Mississippi justice court ask city police to serve criminal contempt warrants when constables and the sheriff have failed?
Yes, within municipal jurisdiction. Under MRCrP 3.2 and § 99-3-1, municipal police can serve justice court arrest warrants when the suspect is within city limits. But § 25-7-25 has no provision author…
Can a Mississippi tax collector seize and sell personal property over a lender's lien to collect delinquent personal property taxes?
Yes. Under § 27-41-101 a Mississippi tax collector can give notice, file a tax lien with the circuit clerk for enrollment as a judgment, and issue a warrant under § 27-41-103 directing the sheriff to …
How does a Mississippi county decide if a 501(c)(3) qualifies for property-tax exemption as a charitable society?
The board of supervisors decides. 501(c)(3) status alone does not exempt property under § 27-31-1(d). The Board must determine that the entity is actually a charitable society and that the property is…
Does a Mississippi constable get the bailiff fee on a court day if court gets cancelled before it starts?
No. Under §§ 19-19-8 and 19-25-31, a constable serving as bailiff is paid only when the court is in session. If court is cancelled before any session, the constable does not earn the bailiff fee for t…
How does a tiny Mississippi town like Satartia enforce speed limits and write traffic tickets?
A Mississippi town governs traffic by passing ordinances and employing a police force or marshal under §§ 21-13-1 and 21-21-3. The municipal court clerk issues uniform traffic ticket books. Towns unde…
Can a Mississippi city pay incentive bonuses to municipal employees with ARPA funds?
Yes, if structured prospectively. A Mississippi city can pay incentive pay to municipal employees if (1) contracted before the services are performed, (2) measured by objective standards, and (3) earn…
If a Mississippi town owns underground utility lines, can its agent show up and verbally point them out instead of marking them?
Yes, with limits. Under § 77-13-9(2), a municipal utility owner can be onsite when excavation begins and verbally locate lines instead of marking them. But Sections 77-13-1 et seq. impose other duties…
Can a Mississippi school district give veterans free admission to athletic events?
No. Once a Mississippi school charges admission, the money is public funds. Giving free tickets to a class of people (even veterans) is an unlawful donation under Miss. Const. Art. 4 § 66. Cities and …
Can a Mississippi pretrial detainee held in their home county vote absentee on the disability excuse?
Only if they actually have a temporary or permanent physical disability. Detention itself is not a disability under § 23-15-713(d). Whether a particular elector qualifies is a case-by-case determinati…
What does it mean that the Mississippi Civil Rights Education Commission is assigned to the Secretary of State 'for administrative purposes only'?
The Mississippi Secretary of State assists the Civil Rights Education Commission with managing activities and organizational tasks. The SOS has no statutory funding obligation, no authority over the C…
Can a Mississippi town deed homes to long-time residents to make up for Community Block Grant houses that were promised but never built?
Generally no. A Mississippi municipality cannot deed municipally-owned property to individual citizens because that is an unlawful donation. The narrow exception is § 43-35-503: if the Town of Gunniso…
How does a Mississippi joint airport board dispose of abandoned personal property left at the airport?
A Mississippi joint airport board created under § 61-5-37 can dispose of abandoned personal property using the county procedure (§ 19-3-85) or the city procedure (§ 21-39-21), unless the joint agreeme…
Can a Mississippi county make all employees take their paychecks by direct deposit?
No. A Mississippi county can offer direct deposit, and may pay an employee electronically once the employee agrees, but it cannot make direct deposit mandatory for all county employees. Mandatory dire…
In Mississippi, do you have to get a community mental-health screening before filing a commitment affidavit?
No. A relative or interested person can file an affidavit with the chancery clerk first. After the chancellor directs, the sheriff transports the person to a community mental health center for the pre…
Can a Mississippi public school district bus non-district students to a special STEM program?
Yes, conditionally. If the school board determines a program is a 'special or alternative program' under § 37-41-3, the district may transport non-district students, provided no additional public fund…
Does Mississippi's HB 1365 ban on private election funding cover student art and essay contests about voting?
It depends on the facts. HB 1365 prohibits Mississippi election officials from soliciting, accepting, using, or disposing of private donations for election-related expenses or voter education, outreac…
Can a Mississippi county pay each employee a $1,000 ARPA bonus for staying on the job during the pandemic?
No. Once American Rescue Plan Act funds enter the county treasury, state rules govern how they are spent. Miss. Const. Art. 4 §§ 66 and 96 prohibit a county from granting extra compensation for servic…
If I file a transfer-on-death deed in Mississippi, do I have to reapply for my homestead exemption?
No. A revocable transfer-on-death deed does not affect the owner's homestead rights during life, so no reapplication is required after filing. The homestead exemption keeps rolling forward annually un…
If a Mississippi county overpaid sick leave by mistake, can other employees donate leave so the worker can repay it?
Yes. If the county determines an administrative error caused an employee to be paid sick leave they had not earned, the employee can repay the county using leave donated by coworkers, as long as the d…
Can a Mississippi municipal court judge wipe out unpaid fines if a defendant finishes a GED or workforce class?
Yes, with limits. Under Miss. Code Ann. § 21-23-7(5), a municipal judge can suspend (not 'forgive') misdemeanor fines on whatever terms the court imposes, including conditioning suspension on completi…
In Mississippi, who decides parking around the county courthouse, the sheriff or the board of supervisors?
The board of supervisors. Miss. Code Ann. § 19-7-33 gives the board the authority to regulate parking on county public lands around the courthouse, including the power to assign spaces. The sheriff do…
Can a Mississippi county require a damage bond from out-of-county trucking companies but not from in-county ones?
No. A county board can require a special permit and a security bond for vehicles exceeding posted size or weight limits on county roads under § 63-5-51, but the rule has to apply uniformly to every op…
Can a fireworks seller in a permanent location in Mississippi switch from transient vendor to general business classification?
No reclassification by the Board, and the fireworks seller is still a transient vendor. The municipal tax collector, not the Board of Aldermen, classifies vendors under Sections 27-17-451 and 27-17-45…
Can a Mississippi waste authority raise its contracted disposal rate above the original CPI cap without rebidding?
No. The Three Rivers Solid Waste Management Authority cannot grant Waste Connections an annual rate adjustment that exceeds the contracted three-percent cap without conducting a new RFP. The price adj…
Does the rule against cross-district nominations to the Mississippi Gulf Coast Convention Bureau apply to all 9 county-appointed members or just the 5 district-tied seats?
All nine. The 2013 Local and Private Law for the Mississippi Gulf Coast Regional Convention and Visitors Bureau says no supervisor may nominate any person from another supervisor's district to be a me…
Can a Mississippi county grant both manufacturing and free port warehouse tax exemptions to related entities?
Yes if the entities qualify. Section 27-31-101 (manufacturing exemption) and Section 27-31-53 (free port warehouse exemption) both permit county boards to grant discretionary ad valorem tax exemptions…
Does a private dance studio count as a 'school' for the medical cannabis dispensary 1,000-foot buffer in Mississippi?
No. Section 2(gg) of SB 2095 defines 'school' as a kindergarten-through-12 institution with a physical location, instructional staff, students, and in session each school year. A private dance studio …
Can a Mississippi city fire an employee who tests positive for THC, given that some THC use is now legal under medical cannabis?
Yes, with limits. Cities can adopt drug and alcohol testing policies under Section 71-7-3 and terminate employees who test positive for THC, but only if the policy fully implements the Section 71-7 fr…
Can a Mississippi town let private businesses use street parking spaces, sidewalks, or rights-of-way for inventory or seating?
Generally no, with emergency exceptions. Section 21-27-1 prohibits granting any 'exclusive franchise or any exclusive right to use or occupy the streets, highways, bridges, or public places.' On-stree…
Can a Mississippi code-charter mayor access city employee personnel records?
Yes. Section 21-3-15 gives the mayor 'superintending control' of all officers and affairs of the municipality, which includes access to city employee personnel records. The city clerk must provide ful…
Can a Mississippi city declare an active refuse transfer station surplus and sell it for industrial use?
Only if it's actually surplus. Section 57-7-1 lets cities sell or lease land that's no longer needed for governmental purposes for industrial or commercial use. The city must first determine that prop…
How does a Mississippi special-charter city change to code-charter form of government?
By special election. The Council can adopt a resolution calling a special election under Section 23-15-859 (or follow the special charter's specific provisions, if it has them) to put the question to …
Can a Mississippi municipal court establish a veterans misdemeanor treatment court?
No. Section 9-25-1 grants circuit court judges, and only circuit court judges, the authority to establish Veterans Treatment Court programs. The court can be standalone or a component of an existing i…
Can a Mississippi school district treat an online shopping cart printout as a competitive bid for purchases between $5,000 and $50,000?
No. Section 31-7-13(b) requires competitive written bids on the buying agency's bid form or vendor's letterhead/identifiable bid form, signed by authorized vendor personnel. A printed online shopping-…
Can a Mississippi county pay to elevate private homes that don't meet flood-zone elevation requirements?
No. A Mississippi county cannot use public funds to perform or pay for elevation work on privately owned homes, even to maintain National Flood Insurance Program eligibility. That would be an unlawful…
How can a Mississippi community college dispose of confiscated firearms when ownership records are lost?
Not by simple application or county auction. Section 97-37-3 forfeiture requires a conviction tied to the firearm. Without conviction records, ICC cannot use that statute. ICC also cannot unilaterally…
How long can a Mississippi school board contract last when board members serve staggered five-year terms?
Three years. Without specific statutory authority, contracts cannot extend beyond the term of a majority of current board members. With five members on staggered five-year terms, a majority of three c…
Can a Mississippi city use a quitclaim deed to release old use restrictions and a right of first refusal on property it sold years ago?
Yes. Section 89-1-25 lets the city execute a quitclaim deed releasing the use restriction and option of first refusal without consideration and without re-bidding, after entering an order on the minut…
How much can a Mississippi city regulate medical cannabis dispensaries through zoning if it doesn't opt out?
A Mississippi city that hasn't opted out can use zoning to control where dispensaries, research facilities, and testing facilities can locate, can create a special 'medical commercial zone,' and can r…
What notice must a Mississippi county board of supervisors give for recessed, adjourned, or interim meetings?
Both apply, not one or the other. The Open Meetings Act notice requirement in Section 25-41-13 is in addition to the specific board-of-supervisors notice requirements in Sections 19-3-17 (recessed mee…
Can a Mississippi town pay a homeowner for water-line damage after the one-year MTCA notice period has passed?
Maybe, but probably not. Mississippi municipalities can settle a claim under Section 25-1-47 if the Board determines the town is legally obligated. But the Board has a duty to assert the MTCA's one-ye…
Can a Mississippi chancery clerk close the office independently before a hurricane, or do they need board of supervisors authorization?
No. The 2022 opinion concluded that a Mississippi chancery clerk does not have independent authority to close the office in anticipation of extreme weather. Under the Emergency Management Law (Section…
Can a Mississippi school district add three days of paid bereavement leave separate from sick or personal leave?
No. The 2022 opinion concluded that a Mississippi school board cannot create a new category of paid bereavement leave separate from sick and personal leave. The 'three bereavement days' in Section 37-…
Can a Mississippi county relocate its sheriff's office and county jail to a town that isn't the county seat?
Generally no. The sheriff's office must be at or within one-half mile of the county courthouse under Section 25-1-99. The county jail must be located at the county seat unless (1) specific legislation…
Can a Mississippi city council pay its members a monthly expense stipend or reimburse for cell phones, internet, and mileage?
No flat stipends, yes targeted reimbursements. A $200 monthly stipend would be additional compensation, banned by Mississippi Constitution Section 96 and not permitted by Section 21-8-21 (which sets c…
Does Mississippi's 28.75% cap on used-vehicle retail installment contracts override the 59% APR allowed under the Consumer Alternative Installment Loan Act?
No conflict, no controlling statute. The two statutes govern two different financing structures: Section 63-19-43 sets a 28.75% APR cap for retail installment contracts on used vehicles older than fou…
Can a Mississippi economic development district transfer legislatively-conveyed industrial park land to a city for a recreational sports complex?
Mostly no. Land that the Legislature conveyed to the Marion County Economic Development District (MCEDD) carries statutory and act-specific use restrictions tying it to industrial, warehouse, airport,…
Does a Mississippi economic development district need an appraisal or court approval to sell industrial property to a private business?
No appraisal or court approval needed up front, but good and valuable consideration is required. The economic development district decides what counts as good and valuable consideration and records th…
What knives can a Mississippi convicted felon legally have at home, and is bow hunting allowed?
Convicted felons in Mississippi cannot possess any of the four enumerated knives in Section 97-37-5: bowie, dirk, butcher, or switchblade. Strict liability applies, so a butcher knife in your kitchen …
Can the Mississippi Workers' Compensation Commission charge the State Self-Insured Workers' Compensation Trust an annual assessment after the 2016 Budget Transparency Act?
No on the assessment, yes on the premium. The Workers' Compensation Commission cannot charge its annual Section 71-3-99 assessment to the State Self-Insured Workers' Compensation Trust, because that's…
Can a Mississippi county pair the renewable-energy 50% tax exemption with a fee-in-lieu of ad valorem taxes for the same project?
Yes, with caveats. The Board of Supervisors can grant the 50% Section 27-31-46 exemption and a Section 27-31-104 fee-in-lieu agreement concurrently, but the Mississippi Constitution Article 7, Section…
Can the Mississippi Board of Barber Examiners hire a board member's nephew or cousin as a barber inspector, or is that nepotism?
No nepotism violation. Mississippi's nepotism statute (Section 25-1-53) only prohibits hiring relatives within the third degree for five specific positions: officer, clerk, stenographer, deputy, or as…
Can a McComb police officer provide security at an airport board meeting if the airport is in Magnolia, not McComb?
No. The 2021 opinion concluded that a City of McComb police officer, acting in official capacity, cannot provide security at a McComb/Pike County Airport Board meeting located within the city limits o…
Can a Mississippi school district pay more than the average of two appraisals to buy land worth over $50,000?
No. The 2021 opinion concluded that under Section 37-7-301(aa), a Mississippi school district cannot pay a purchase price exceeding the average of two independent appraisals when buying real property …
Can a Mississippi county hold someone in the county jail before their drug or alcohol civil commitment hearing if there's no treatment bed yet?
No. The 2021 opinion concluded that Mississippi has no statutory authority to house respondents in drug and alcohol civil commitment proceedings in the county jail pending commitment to either a state…
Can a Mississippi Highway Patrol officer use radar and ticket on city streets in larger Mississippi cities, and what other traffic offenses can they enforce?
Yes, after a 2021 statutory change. Senate Bill 2788 (2020 Regular Session, effective July 1, 2021) removed the prohibition that previously barred MS Highway Patrol from setting up radar in cities ove…
Can a Mississippi county board waive the 10% penalty for failure to file a personal property tax rendition if the taxpayer paid the back taxes once they learned of the mistake?
No, with a narrow exception. The 10% penalty under Section 27-35-45 for failure to file a personal property tax rendition is mandatory; neither the board nor the assessor can waive or forgive it. Howe…
Can a Mississippi city spend public money to promote a non-binding referendum's outcome the city wants?
No. The 2021 opinion concluded that the City of Diamondhead may not lawfully expend municipal funds to promote non-binding referenda where the promotion is meant to influence the outcome. The Mississi…
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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.