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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What notice must a Mississippi county board of supervisors give for recessed, adjourned, or interim meetings?
For recessed and adjourned county board meetings, the board must enter the order required by Sections 19-3-17 or 19-3-19 on its minutes and post the additional Open Meetings Act notice under Section…
Can a Mississippi town pay a homeowner for water-line damage after the one-year MTCA notice period has passed?
The opinion does not decide whether Beaumont may pay this claim. A municipality may settle a bona fide claim if its board finds it legally obligated, but it must consider whether the MTCA and its…
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 (§…
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…
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…
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…
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…
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,…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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.…
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…
Can a Mississippi city license its logo to a private company in exchange for fees per customer the company signs up?
A Mississippi city has authority under home rule to enter a non-exclusive agreement letting a private company use city branding in exchange for payment, but only if it serves a proper municipal…
Can a Mississippi district attorney investigate and rule on the merits of misdemeanor affidavits filed in justice court?
No. The 2021 opinion concluded that Mississippi district attorneys do not have authority to investigate and make merits findings on misdemeanor affidavits filed in justice court. That authority…
When does a Mississippi justice court lose jurisdiction over a felony case it has been handling preliminarily?
A Mississippi justice court loses jurisdiction over a felony charge when the defendant is bound over to the grand jury or waives the preliminary hearing. Until then, the justice court keeps…
Can a Mississippi county pay for or reimburse a county supervisor's home internet service so they can do county business from home?
Conditionally yes. The 2021 opinion concluded that a Mississippi county cannot pay for or reimburse a supervisor's home broadband unless the board finds, consistent with the facts and entered on the…
What population threshold determines whether a Mississippi city must appoint a municipal judge who lives in the same county?
Once finalized and official, the 2020 census figures are the latest available federal census; until then, 2010 controls. Cities with at least 20,000 residents must appoint an attorney who is a…
Is Mississippi's law requiring county election commissioners to pass a skills test after election unconstitutional under Article 12, Section 250?
Statutes passed by the Mississippi Legislature are presumed constitutional until a court of competent jurisdiction holds otherwise. The AG declined to opine on whether Section 23-15-213(1)'s…
In a Mississippi code-charter city, can the mayor issue an ordinance, and can the board of aldermen override one if he does?
Under § 21-3-15, the board of aldermen exclusively adopts city ordinances, including resolutions and orders. A mayoral attempt to issue an ordinance under that section is invalid. Mayors may issue…
Can a Mississippi school superintendent close schools without first getting approval from the school board, even in an emergency?
No. The 2021 opinion concluded that a Mississippi school superintendent cannot close schools without first being authorized by the school board. The closure statutes (Sections 37-13-64 for weather…
If a Mississippi statute lets the police mail notice for unpaid traffic fines but a Supreme Court rule requires personal service, which one wins?
The court rule controls. The AG said a defendant must be personally served under Mississippi Rule of Criminal Procedure 26.6(d) when it conflicts with § 63-1-53(1)'s mailed-notice procedure for…
Can a Mississippi county board of supervisors give just one hour of notice for a special meeting under the Open Meetings Act, or do they have to follow the longer five-day requirement in the supervisors' statute?
No. The 2021 opinion concluded that the one-hour posting under Section 25-41-13(1) is supplemental to, not a substitute for, the five-day publication required by Section 19-3-19. Boards of…
Are first responders who die from COVID-19 contracted on duty eligible for Mississippi's $100,000 line-of-duty death benefit?
Yes. The 2021 opinion concluded that COVID-19 deaths fall within the 'covered cause of death' definition in Mississippi's first responder death-benefits statute (Section 45-2-1). The Mississippi…
If a Mississippi city employee's brother gets elected to the city council, can the employee still be promoted, and can a board fix a nepotism mistake with a nunc pro tunc minute entry?
No to promotion, generally. Mississippi's nepotism statute (Section 25-1-53) lets an employee keep an existing covered position when a relative becomes the appointing authority, but does not let the…
When a Mississippi municipality buys taxable land, who pays the year's property taxes, and can the county forgive them?
The 2021 opinion concluded: (1) A Mississippi municipality may, as part of its purchase agreement, agree to pay current-year ad valorem taxes, but cannot assume the seller's tax liability. The…
Can a Mississippi city's recreation department give participants free arts/crafts and run after-school programs without charging fees?
Yes. The 2021 opinion concluded that Mississippi cities have broad authority to fund recreation department programs with public funds, providing free arts and crafts supplies, after-school…
Can a Mississippi school board member also serve on a joint airport board, or does the separation of powers prohibit it?
Yes. The 2021 opinion concluded that simultaneous service on a Mississippi public school board and a joint airport board does not violate the separation of powers doctrine. Both boards exercise…
Can a Mississippi school district reclassify Sixteenth Section land from commercial to residential during an existing 25-year lease, when the lessee wants to live there?
Yes, conditionally. The AG said reclassification may proceed if the current lease does not prohibit it, changed conditions warrant it, the tract meets the residential-land definition, the Board…
Can a Mississippi school district reclassify Sixteenth Section land and lease it to the city as a rubbish (yard waste) site?
The 2021 opinion concluded that a Mississippi school board has authority to reclassify Sixteenth Section land when conditions change, but reclassification must be based on the highest and best use…
Can a Mississippi city accept land instead of cash to settle a special assessment debt the property owner owes?
Yes. The 2021 opinion concluded that under municipal home rule, a Mississippi city can accept real property in lieu of cash payment to satisfy a special-assessment debt, as long as the property is…
How many times must a Mississippi county advertise an ordinance, and can it post a shortened version online instead of the full text in the newspaper?
For ordinances not governed by a specific publication statute, Mississippi counties have no minimum number of newspaper runs and can post a shortened version on a county website. But if a particular…
Can a Mississippi county provide group health insurance to part-time employees or non-salaried employees, and can it pick which employees to cover?
The 2021 opinion concluded that a Mississippi county may provide group health insurance to full-time employees who receive direct compensation from the county. It did not separately decide whether…
Can a Mississippi county hire a chamber of commerce to manage a county-owned property and share offices, and does revenue generated have to flow through the county?
The AG found no prohibition on Tunica County retaining offices at Chamber-managed RiverPark under a lawful agreement. It said both parties must comply with laws governing public funds, including the…
Can a Mississippi school district sell laptop computers (purchased with COVID Equity in Distance Learning Act funds) to graduating seniors?
Yes. The 2021 opinion concluded that a Mississippi school district may sell laptop computers, purchased with grants under the Equity in Distance Learning Act (EDLA), to graduating twelfth graders.…
Can a Mississippi county board of supervisors add secretarial expenses to the county prosecutor's base salary, raising the retirement and tax base?
No. The 2021 opinion concluded that the county prosecutor's salary (set by Section 25-3-9 based on county population and location) is separate from secretarial expenses paid under that statute or…
Does a Mississippi city judge in a city of 10,000 to 20,000 have to be a qualified elector of the county where the city sits?
No. The 2021 opinion concluded that Brookhaven's municipal court judge does not need to be a qualified elector of Lincoln County. Section 21-23-3 generally requires city judges in cities of 10,000+…
Can the membership on a Mississippi joint airport board be adjusted when one owner has been paying double the cost?
Yes. The 2021 opinion concluded that the statutes governing joint airport boards (Sections 61-5-33 to 61-5-41) permit revision and amendment of the joint agreement, including the number of board…
Can a Mississippi special-charter city's board of mayor and selectmen remove school board trustees mid-term or change school board term lengths by ordinance?
No on both counts. The 2021 opinion concluded that the City of McComb's Board of Mayor and Selectman cannot remove a school board trustee mid-term and cannot adopt an ordinance conflicting with…
When a Mississippi statute says "latest available federal census," do you use the prior official census or the new one's preliminary numbers?
The 2021 opinion concluded that until the 2020 census numbers became finalized and official, the official 2010 census numbers were the "latest available federal census" for Section 21-23-3…
Can a Mississippi school district run a tuition-based 3K (three-year-old) program and a tuition-based after-school program?
Yes. The 2021 opinion confirmed that Mississippi school districts can run a tuition-based program for three-year-olds (3K) under Section 37-7-301(zz), as long as it does not conflict with the Early…
Do Mississippi food trucks selling Mississippi-grown beef, poultry, or seafood need a transient vendor license?
Beef, poultry, and seafood produced or grown in Mississippi qualify for the agricultural-products exemption to Mississippi's Transient Vendor Law (Section 75-85-3(1)(i)), so vendors selling those…
Can Mississippi's university board put a retention payment in a president's employment contract?
The AG said a public body may include an employee incentive if it is contracted for before the services, measured objectively, and earned by the employee's personal services. The Board had to decide…
Can a Mississippi IHL Board trustee receive per diem, travel reimbursement, and tort-claims protection while serving before Senate confirmation?
The 2021 opinion concluded that newly appointed IHL Board trustees serving before Senate confirmation could legally receive per diem under § 25-3-69 and travel reimbursements under § 25-3-41(8).…
Who pays for the postage when Mississippi justice court constables have to mail copies of summons and complaints under the new service rules?
The 2021 opinion concluded that Mississippi constables (not court clerks) are responsible for mailing summons and complaints when Justice Court Rule 14(d)(2) or (d)(3) requires it. The county must…
Are unpaid volunteers on a Mississippi state-board advisory panel covered by the Tort Claims Act when they're acting in that role?
Yes. The AG concluded that the Board's unpaid Anesthesia Advisory Panel members fit the MTCA definition of state employees and are entitled to its protection when acting within the course and scope…
If a Mississippi town adopts misdemeanors as municipal ordinance violations, do state-assessment fees still go to the State?
The 2021 opinion concluded that even when the Town of Caledonia made specified misdemeanors violations of town ordinance, the state assessments under § 99-19-73 still had to be remitted to the State…
Does a Mississippi county have to pay constables the $2,500 "state fail fee," and how does the board of supervisors decide whether each constable earned it?
The 2021 opinion explained how Mississippi boards of supervisors handle the constable's $2,500 annual "state fail fee" under Section 25-7-27(1)(f). A constable earns the fee only if they served (or…
Can a Mississippi urban renewal authority loan state-appropriated funds (like Gulf Coast Restoration Fund money) to a private developer for an urban renewal project?
Yes. The 2021 opinion concluded that under Section 43-35-15(e) read with (f), a Mississippi urban renewal authority can loan state-appropriated money, including Gulf Coast Restoration Fund (GCRF)…
Can a Mississippi school district spend public money to fix up school property and then give that property to a nonprofit?
No. The 2021 opinion concluded that a Mississippi school district cannot use public funds to improve school district property if the purpose of those improvements is to ultimately convey the…
If a Mississippi statute has been ruled unconstitutional, must justice court clerks still accept criminal affidavits citing that statute?
Yes. The 2021 opinion concluded that justice court clerks must accept and record every criminal affidavit submitted by a complainant, including affidavits citing the cyberstalking statute (Section…
When a Mississippi subdivision plat dedicates roads "to public use" and the city approves it, are those roads public even if the city never formally accepted them?
Yes. The AG said city approval of a subdivision plat showing public roads dedicates them to public use under § 21-19-63; no separate formal acceptance is needed. The city must maintain them in…
Can a Mississippi economic development district amend its industrial-use covenants to allow a hospital to convert a business park building into medical offices?
The 2021 opinion concluded that the Simpson County Economic Development District could amend its restrictive covenants to remove the industrial/warehouse-only restriction for property already sold…
Can a Mississippi airport authority pay a site location consultant a percentage-based fee tied to lease payments from tenants the consultant brings in?
Yes. The 2021 opinion concluded that the Gulfport-Biloxi Regional Airport Authority could pay a site location/development firm a fee equal to a fixed percentage of lease payments the Authority…
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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.