Can a Mississippi county Board of Supervisors second-guess a circuit judge's order on how much to pay an appointed indigent-defense lawyer?

Plain-English summary

Mississippi pays appointed indigent-defense lawyers a statutory fee for representing criminal defendants who can't afford counsel. Under Section 99-15-17, the appointing judge approves the fee, capped at $1,000 per case in circuit court (whether on appeal or originating there) plus actual expenses. The Mississippi Supreme Court read that statute in Wilson v. State, 574 So.2d 1338 (Miss. 1990), as allowing the lawyer "$1,000.00 in profit plus his or her actual expenses."

Adams County asked whether its Board of Supervisors could change the amount once the circuit judge had ordered it. The AG said no. The discretion to set the fee belongs to the judge, the resulting order is a claim against the county, and the Board's role is to pay it. The Board can't raise it, lower it, or otherwise revise it.

The opinion is short because the statutory text leaves little room: Section 99-15-17 says compensation "shall be approved and allowed by the appropriate judge" and that the fees and expenses "as allowed by the appropriate judge shall be paid by the county treasurer out of the general fund of the county in which the prosecution was commenced."

Currency note

This opinion was issued in 2020. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Who decides how much an appointed criminal-defense lawyer gets paid for representing an indigent client in Mississippi circuit court?

The appointing judge. Section 99-15-17 gives the appropriate judge discretion to approve the fee, up to $1,000 per case for circuit-court representation (originating or on appeal), plus actual expenses.

Can the lawyer charge for time and expenses?

The lawyer must itemize the time spent and submit an itemized statement of expenses to the appointing judge. The judge then reviews and allows the amount.

What does "$1,000 in profit plus actual expenses" mean?

The Mississippi Supreme Court interpreted Section 99-15-17 in Wilson v. State to mean the $1,000 cap is on profit, not gross receipts. The lawyer can be reimbursed for actual expenses on top of that.

Why doesn't the Board of Supervisors get to second-guess the amount?

The statute splits roles cleanly: the judge sets the amount, the county pays. The AG's office and earlier opinions (Pittman, April 21, 1982; Davis, April 17, 1980) treated the judge's order as creating a claim against the county that the Board's role is to honor. The Board has no statutory authority to revise it.

What if the judge's order seems wrong?

The AG opinion does not address that. In practice, a judicial order setting indigent-defense fees is reviewable by appeal in court, not by Board action.

Background and statutory framework

Section 99-15-17 governs compensation for counsel appointed under Section 99-15-15 to represent indigent defendants. The relevant text:

The compensation for counsel for indigents appointed as provided in Section 99-15-15, shall be approved and allowed by the appropriate judge and in any one (1) case may not exceed one thousand dollars ($1,000.00) for representation in circuit court whether on appeal or originating in said court. . . . . In addition, the judge shall allow reimbursement of actual expenses. The attorney or attorneys so appointed shall itemize the time spent in defending said indigents together with an itemized statement of expenses of such defense, and shall present same to the appropriate judge. The fees and expenses as allowed by the appropriate judge shall be paid by the county treasurer out of the general fund of the county in which the prosecution was commenced.

Two prior AG opinions, MS AG Op., Pittman (April 21, 1982) and MS AG Op., Davis (April 17, 1980), had already established that a court's award of attorney fees and expenses to appointed defense counsel constitutes a claim against the county. Wilson v. State, 574 So.2d 1338 (Miss. 1990), confirmed that the $1,000 cap functions as a profit cap, not a gross-receipts cap, with actual expenses reimbursable on top.

The AG combined those threads to reach the conclusion that the county Board has no authority to raise, lower, or otherwise modify the judge's order.

The opinion is signed by Assistant Attorney General Kim P. Turner on behalf of Attorney General Lynn Fitch.

Citations

• Miss. Code Ann. Section 99-15-15 (appointment of counsel for indigents)
• Miss. Code Ann. Section 99-15-17 (compensation set by judge, paid by county)
• Wilson v. State, 574 So.2d 1338 (Miss. 1990)
• MS AG Op., Pittman (April 21, 1982)
• MS AG Op., Davis (April 17, 1980)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2020/07/S.Slover_June-26-2020-Circuit-Court-Order-of-Compensation.pdf

Original opinion text

June 26, 2020

Scott F. Slover, Esq.
Attorney for the Adams County Board of Supervisors
314 State Street
Natchez, Mississippi 39120

Re: Circuit Court Order of Compensation

Dear Mr. Slover:

The Office of the Attorney General is in receipt of your request for the issuance of an official opinion.

Question Presented

May the board of supervisors increase or decrease compensation as ordered by a circuit court to counsel for an indigent defendant?

Brief Response

The board of supervisors may not change an order of the circuit court for compensation to counsel for an indigent defendant.

Response and Legal Analysis

The circuit court is authorized to award compensation for counsel appointed to represent indigent defendants pursuant to Miss. Code Ann. Section 99-15-17, which states, in part, as follows:

The compensation for counsel for indigents appointed as provided in Section 99-15-15, shall be approved and allowed by the appropriate judge and in any one (1) case may not exceed one thousand dollars ($1,000.00) for representation in circuit court whether on appeal or originating in said court. . . . . In addition, the judge shall allow reimbursement of actual expenses. The attorney or attorneys so appointed shall itemize the time spent in defending said indigents together with an itemized statement of expenses of such defense, and shall present same to the appropriate judge. The fees and expenses as allowed by the appropriate judge shall be paid by the county treasurer out of the general fund of the county in which the prosecution was commenced.

The above quoted statute gives circuit judges discretionary authority to allow a maximum of one thousand dollars ($1,000.00) as compensation for an appointed defense attorney, in addition to actual expenses incurred by said counsel. Attorney fees and expenses allowed by the court constitute a claim against the county. See, MS AG Op., Pittman (April 21, 1982); MS AG Op., Davis (April 17, 1980); see also, Wilson v. State, 574 So.2d 1338 (Miss. 1990) ("construction of 99-15-17 will allow an attorney to receive $1,000.00 in profit plus his or her actual expenses").

Based upon the authority granted by Section 99-15-17, it is the opinion of this office that the board of supervisors may not increase, decrease or otherwise change the compensation approved by the circuit court in payment of counsel appointed to represent an indigent defendant.

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,
LYNN FITCH, ATTORNEY GENERAL

By: /s/ Kim P. Turner
Kim P. Turner
Assistant Attorney General