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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When you file an expungement petition in Mississippi, do you pay just the $150 statutory fee or are there other civil filing fees on top of it?
Both, depending on how the petition is filed. If the expungement petition under § 99-19-71 is filed inside the original criminal case, only the $150 fee in § 99-19-72 is owed. If the petition is…
Can a Mississippi city's rental-property ordinance reach landlords who use contracts for deed to dodge tenant-licensing rules?
Yes, but only if the city determines on the facts that the agreement is rental in nature. A code charter municipality can amend its rental-property ordinance to reach properties where the landlord…
Can a Mississippi judge appoint a constable to serve as a riding bailiff in circuit, chancery, or county court?
No. Mississippi's riding bailiff statute (§ 19-25-31) authorizes circuit, chancery, county, and eminent domain court judges to appoint sheriff riding bailiffs only. There is no parallel authority…
Can a Mississippi county outsource employee payroll to a third-party processing company?
No. The chancery clerk has the statutory duty to issue pay certificates for county employees, and a county cannot contract with a third-party payroll processor to take over that duty. The board of…
Can a Mississippi city allow electric stand-up scooters on its public streets and sidewalks?
It depends on the scooter's design. Mississippi has no general law on motor-assisted stand-up scooters. If a particular scooter qualifies as an 'electric personal assistive mobility device' under §…
Can a Mississippi city wipe out a resident's past garbage bill for the months when the city had taken away their garbage can?
Yes, but only for the period of no service. If the City of Petal makes a factual finding that the resident did not receive garbage service during a specific period (because the city had removed her…
Can a Mississippi county board of supervisors force elected officials' offices onto a new countywide payroll schedule?
No, not for officials who have adopted their own personnel system. Under § 19-2-9(2), an elected county official with such a system determines staff pay frequency, and the board's countywide system…
How does Mississippi remove a school board member who has moved out of the district, and are the votes they already cast still binding?
The school board itself decides whether a trustee has moved out of the district and thereby vacated the office, after giving the trustee due process. If the board concludes the trustee was…
Can a Mississippi school district pay teacher's assistants their 10-month wages over 12 months so they keep getting paychecks in the summer?
Yes. Mississippi law contains no prohibition on a school district paying teacher's assistants their wages in 12 equal monthly installments, even though they only work 10 months. The pay can be set…
Can a Mississippi county sell surplus property to a private business below cost, and can it instead donate the property to an economic development district?
Two pieces. Yes, a Mississippi county can sell surplus property to a private business at less than the county paid, as long as the board makes the findings § 19-7-3(3) requires and gets some good…
Can a Mississippi county board of supervisors override the tax assessor/collector's chosen effective date for employee raises?
No. As long as the raises fit within the tax assessor/collector's approved annual budget, the elected tax assessor/collector decides the effective date of prospective raises for the office's…
Can a Mississippi sheriff also draw separate pay for running the county's FEMA Safe Room?
Yes. The salary cap in Miss. Code Ann. § 25-3-25 applies only to a sheriff's pay for performing sheriff duties. A sheriff can hold separate employment, like running a FEMA Safe Room in the county…
When a power company files an apportionment error on its public utility property, can the county tax collector fix the error to redistribute taxes correctly among the taxing districts?
No. A county tax collector cannot substitute a different apportionment for one approved by the Department of Revenue without a DOR directive or judicial determination. The AG declined to decide…
Can a Mississippi city locate a polling place outside its city limits to align with the county?
No. Miss. Code Ann. § 23-15-557 lets a municipality choose how many precincts and where polling places are, but every polling place must be within the city limits. Aligning with county precincts is…
Do unpaid dividends from a self-insured workers' comp group have to be remitted to the Mississippi State Treasurer as unclaimed property?
No. The Mississippi Unclaimed Property Act (§ 89-12-1 et seq.) was amended in 2006 to exclude 'future or prior dividends' made by self-insured workers' compensation groups from the definition of…
If a Mississippi city attorney does work for a separately-funded tourism commission, who pays?
The city. Under § 21-15-25, the municipal attorney is paid by the municipality. If the work for the Greenwood Tourism Commission falls outside the contracted-for duties, the city can pay additional…
Does Mississippi's $400 cost cap in commitment proceedings cover hospital and physician fees, or just court costs?
All costs incidental to court proceedings. The $400 cap in § 41-21-79 includes court costs, prehearing hospitalization, transportation, attorney fees, and physician/psychologist/nurse fees. The cap…
Can a Mississippi town shut off water service from another utility to collect on its own sewer bill?
No. Under Miss. Code Ann. § 21-27-23(e), a Mississippi municipality can discontinue services for nonpayment, but only services the municipality itself provides. The Town of Flora does not own the…
If a Mississippi city missed the original deadline to grant an industrial replacement-equipment tax exemption, can it still grant a new application years later?
Yes, but only going forward. A Mississippi municipal authority can grant a new (subsequent) replacement-equipment tax exemption application even after the original June 1 filing deadline was missed.…
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…
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…
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…
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…
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…
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…
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…
Can a Mississippi city pay incentive bonuses to municipal employees with ARPA funds?
The AG did not decide whether ARPA funds may be used. It held that a Mississippi city may grant incentive pay if it is contracted before services are performed, measured by objective standards, and…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
Can a Mississippi municipal court judge wipe out unpaid fines if a defendant finishes a GED or workforce class?
A municipal judge may suspend misdemeanor fines under Miss. Code Ann. § 21-23-7(5), subject to its conditions; the judge cannot grant amnesty or forgive old fines. The AG expressly declined to…
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…
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…
Can a fireworks seller in a permanent location in Mississippi switch from transient vendor to general business classification?
The Board of Aldermen cannot reclassify the seller; the municipal tax collector decides its license classification. The opinion says an entity solely selling fireworks operates for less than six…
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…
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…
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…
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…
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…
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.'…
Can a Mississippi code-charter mayor access city employee personnel records?
A code-charter mayor may access city employee personnel records under Section 21-3-15. The clerk must provide full access to information necessary for the mayor's municipal duties. Records may be…
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…
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…
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…
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…
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…
How can a Mississippi community college dispose of confiscated firearms when ownership records are lost?
ICC cannot treat its confiscated firearms as lost or abandoned on its own, and forfeiture under Section 97-37-3 requires a qualifying conviction. The AG suggests legal action to determine ownership…
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…
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…
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…
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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.