How much does a Mississippi constable get paid for serving as a bailiff if he covers both civil and criminal court the same day?

Plain-English summary

Neshoba County's Board of Supervisors asked how the bailiff-fee statute works when a county constable covers more than one judge or more than one case type in a single day. The AG's answer: pay is per day, per case type, not per judge or per session.

The relevant fee is set by Section 19-25-31, which is reached by separate cross-references in Section 25-7-27(e) (civil cases) and Section 19-19-8 (criminal cases). Both routes land at the same number: $55 for each day or part thereof a constable serves as bailiff "when the court is in session." A constable can serve more than one judge in a day, but the fee is still per day, per court type. If the same constable covers both civil and criminal proceedings on the same day, the two streams stack: $55 + $55 = $110.

The AG cited an earlier opinion (MS AG Op., Dulaney, October 26, 2007), which had reached the same result back when the civil rate was $40. The civil rate was later amended to $55 to match the criminal rate. The Pratt opinion (October 3, 2008) reaffirmed the per-day rule.

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

Is the constable paid by the hour, by the session, or by the day?

By the day, or any part of a day. Section 19-25-31 sets the rate at $55 "for each day, or part thereof" the constable serves as bailiff while the court is in session.

What if a constable bailiffs for two different judges in one day?

The number of judges does not change the fee. The constable can serve more than one judge but receives one daily fee per court type, not one per judge.

What about civil court in the morning and criminal court in the afternoon?

That is the only stacking the AG recognized. Civil and criminal court are separate fee streams. A constable who serves as bailiff in both on the same day is entitled to $55 in civil and $55 in criminal, for a total of $110.

Where does the $55 come from?

Section 19-25-31. Section 25-7-27(e) cross-references it for civil cases, and Section 19-19-8 cross-references it for criminal cases. Both arrive at the same number.

What was the change from $40 to $55?

The 2007 Dulaney opinion was decided when Section 19-25-31 set the civil-court rate at $40. The Legislature later amended the statute to raise the civil rate to $55, matching the criminal rate. The 2020 White opinion uses the post-amendment numbers.

Background and statutory framework

Section 19-25-31 sets the per-day fee for constables serving as bailiffs:

Any such person so employed shall be paid by the county on allowances of the court on issuance of a warrant therefor in an amount of Fifty-five Dollars ($55.00) for each day, or part thereof, for which he serves as bailiff when the court is in session. . . .

Section 25-7-27(e) ties civil-case bailiff service to that fee. Section 19-19-8 does the same for criminal cases.

The AG had built the analytical framework in an earlier opinion. MS AG Op., Dulaney (October 26, 2007), held:

[a] constable may serve as bailiff for more than one judge. However, the constable may only receive payment for each day or part thereof, for civil or criminal court, regardless of the number of judges he serves as bailiff on a given day. If the constable serves in both civil court and criminal court on the same day he may be entitled to a $40.00 fee in the civil court and a $55.00 fee in the criminal court for a total of up to $95.00 for that day's service as bailiff.

A footnote in the 2020 opinion notes that since Dulaney, Section 19-25-31 was amended to increase the civil-case fee from $40 to $55, bringing both case types to the same rate. MS AG Op., Pratt (October 3, 2008), reached the same per-day rule.

The opinion is signed by Special Assistant Attorney General Emiko Hemleben on behalf of Attorney General Lynn Fitch.

Citations

• Miss. Code Ann. Section 19-25-31 (constable bailiff fee, $55 per day)
• Miss. Code Ann. Section 25-7-27(e) (civil-case cross-reference)
• Miss. Code Ann. Section 19-19-8 (criminal-case cross-reference)
• MS AG Op., Dulaney (October 26, 2007)
• MS AG Op., Pratt (October 3, 2008)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2020/07/W.White_May-13-2020-Bailiff-Fees.pdf

Original opinion text

May 13, 2020

Wade White, Esq.
Attorney for the Neshoba County Board of Supervisors
501 Main Street
Philadelphia, Mississippi 39350

Re: Bailiff Fees

Dear Mr. White:

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

Question Presented

Are County Constables, who serve as bailiffs, paid for attendance per day, per session or per session, per judge?

Brief Response

A constable is paid for each day, or part thereof, for civil and criminal cases, regardless of the number of judges he or she serves as bailiff for that day. Thus, a constable, serving as bailiff, may receive a fee of $55.00 for attending each day or portion of a day in a civil case and may receive a fee of $55.00 for attending each day or portion of a day for attending a criminal case on the same day for a combined total of $110.00 if serving as a bailiff in both a civil case and criminal case on the same day. See, MS AG Op., Dulaney (October 26, 2007).

Applicable Law and Discussion

The fee for a constable to serve as bailiff in a civil case and the fee for a constable to serve as a bailiff in a criminal case are both set by reference to Miss. Code Ann. Section 19-25-31, which states, in part, as follows:

. . . Any such person so employed shall be paid by the county on allowances of the court on issuance of a warrant therefor in an amount of Fifty-five Dollars ($55.00) for each day, or part thereof, for which he serves as bailiff when the court is in session. . . .

This office has previously opined that:

[a] constable may serve as bailiff for more than one judge. However, the constable may only receive payment for each day or part thereof, for civil or criminal court, regardless of the number of judges he serves as bailiff on a given day. If the constable serves in both civil court and criminal court on the same day he may be entitled to a $40.00 fee in the civil court and a $55.00 fee in the criminal court for a total of up to $95.00 for that day's service as bailiff.

MS AG Op., Dulaney (October 26, 2007); see also, MS AG Op., Pratt (October 3, 2008).

Based upon the applicable statutes, it is the opinion of this office that a constable is paid per day, or part thereof, for his or her service as a bailiff in civil cases, and separately, for his or her service as a bailiff in criminal cases. A constable who serves as a bailiff in civil case(s) only on a single day is entitled to receive a $55.00 fee pursuant to Sections 25-7-27(e) and 19-25-31. A constable who serves as a bailiff in criminal case(s) only on a single day is entitled to receive a $55.00 fee pursuant to Sections 19-19-8 and 19-25-31. A constable who serves as a bailiff in both a civil and criminal cases in one day would be entitled to a total fee of $110.00.

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/ Emiko Hemleben
Emiko Hemleben
Special Assistant Attorney General

[Footnotes: 1. See, Miss. Code Ann. Section 25-7-27(e). 2. See, Miss. Code Ann. Section 19-19-8. 3. Since the issuance of the Dulaney opinion, Miss. Code Ann. Section 19-25-31 was amended to increase the fee in a civil case from $40.00 to $55.00.]