Can a Mississippi municipal court start its own veterans treatment court for misdemeanor cases?

Plain-English summary

Greenwood Municipal Court Judge Carlos D. Palmer asked whether his court could establish a municipal veterans misdemeanor treatment court. Veterans treatment courts are specialty intervention courts that handle cases involving veterans (often with PTSD, traumatic brain injury, depression, or substance dependency) by combining accountability with treatment. Section 21-23-7(5) of the Mississippi Code gives municipal court judges the power to "establish and operate a probation program, dispute resolution program and other practices or procedures appropriate to the judiciary and designed to aid in the administration of justice."

The AG said no, on two converging grounds.

Specific statute trumps general grant. Section 9-25-1 specifically addresses veterans treatment courts. The Legislature put the authority in circuit courts: a circuit court judge "may establish a Veterans Treatment Court program," either as a separate program or as a component of an existing intervention court program, and may operate one in a single county within the circuit court district while accepting veteran participants from across the district. Section 9-25-1's findings explicitly recognize the felony focus of the issue ("[s]ome veterans come into contact with the criminal justice system and are charged with felony offenses").

The AG had used the same logic before in MS AG Op., Dawson (Jan. 23, 2004), where the Section 21-23-7(5) grant of authority to "establish and operate" "other practices or procedures" did not let municipal courts create their own non-adjudication procedures because the Legislature had already covered that territory in Section 99-15-26. When the Legislature has spoken specifically, the general grant in Section 21-23-7(5) cannot be used to do an end-run.

Only the Legislature creates inferior courts. Article VI, Section 172 of the Mississippi Constitution: "The Legislature shall, from time to time, establish such other inferior courts as may be necessary, and abolish the same whenever deemed expedient." Miss. Jud. Performance Comm'n v. Thomas, 549 So. 2d 962 (Miss. 1989), confirms the rule. A specialty court that handles cases differently and provides different outcomes is, in substance, an inferior court. Without legislative authorization, a municipal court cannot stand one up.

So a municipal court can run probation programs and dispute resolution programs and other tools that fit inside its existing jurisdiction, but it cannot create a new specialty court when the Legislature has not authorized it and has authorized the same kind of court somewhere else.

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

Why doesn't Section 21-23-7(5) cover this?

Because Section 21-23-7(5) grants municipal courts a general power to establish "other practices or procedures appropriate to the judiciary and designed to aid in the administration of justice." It is broad, but it does not override more specific legislation. When the Legislature has expressly addressed veterans treatment courts, the general grant cannot be used to create a parallel municipal version.

What is an "inferior court" under Article VI, Section 172?

A court the Legislature creates beyond the constitutional courts named elsewhere in the constitution. Municipal courts themselves exist under legislative authorization. Creating a new specialty court, with its own docketing and procedural posture, would require the same kind of legislative blessing.

Could Greenwood serve veterans through circuit court?

Yes. Under Section 9-25-1(2), a circuit court judge in the relevant circuit could establish a Veterans Treatment Court program (separately or as a component of an existing intervention court) and accept veteran participants from any county in that circuit court district. A municipal court could not run that program, but it could refer eligible cases to the circuit-court program.

Are there any veterans-related procedural tools municipal courts already have?

Section 21-23-7(5) lets municipal court judges establish probation programs, dispute resolution programs, and other procedures that aid the administration of justice. Those tools can be used in cases involving veterans. They just cannot be packaged as a "veterans treatment court."

What if the Legislature later authorizes municipal veterans treatment courts?

That would change the answer. The AG's reasoning is grounded in current statutory architecture, not on any constitutional bar to municipal-level specialty courts. If the Legislature amended Section 9-25-1 (or enacted a parallel statute) to extend veterans treatment courts to the municipal level, the analysis would be different.

Background and statutory framework

Section 21-23-7(5) gives municipal court judges authority to "establish and operate a probation program, dispute resolution program and other practices or procedures appropriate to the judiciary and designed to aid in the administration of justice." It requires written policies and procedures filed with the clerk of the court for public record.

Section 9-25-1 contains the Legislature's veterans treatment court framework. Subsection (1) recites legislative findings about veterans, PTSD, TBI, depression, substance dependency, and felony charges. Subsection (2) authorizes a circuit court judge to establish a Veterans Treatment Court program, either separately or as a component of an existing intervention court program, with the program operating in one county within the circuit court district and serving veteran participants from across the district.

Article VI, Section 172 of the Mississippi Constitution: "The Legislature shall, from time to time, establish such other inferior courts as may be necessary, and abolish the same whenever deemed expedient."

Miss. Jud. Performance Comm'n v. Thomas, 549 So. 2d 962, 964 (Miss. 1989), reinforces the legislative monopoly on creating inferior courts.

MS AG Op., Dawson at *2 (Jan. 23, 2004), is the analogue: Section 99-15-26 specifically addressed non-adjudication, so a municipal court could not use its general Section 21-23-7(5) authority to create its own non-adjudication procedure.

The opinion is signed by Special Assistant Attorney General Gregory Alston on behalf of Attorney General Lynn Fitch.

Citations

• Miss. Code Ann. Section 21-23-7 (municipal court powers)
• Miss. Code Ann. Section 21-23-7(5) (probation, dispute resolution, other procedures)
• Miss. Code Ann. Section 9-25-1 (veterans treatment courts)
• Miss. Code Ann. Section 9-25-1(1)-(2) (legislative findings and circuit court authorization)
• Miss. Code Ann. Section 99-15-26 (non-adjudication)
• MISS. CONST. art. VI, § 172 (legislative authority over inferior courts)
• Miss. Jud. Performance Comm'n v. Thomas, 549 So. 2d 962, 964 (Miss. 1989)
• MS AG Op., Dawson at *2 (Jan. 23, 2004)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2020/10/C.Palmer_September-29-2020-Establishment-of-Municipal-Veterans-Misdemeanor-Treatment-Court.pdf

Original opinion text

September 29, 2020

The Honorable Carlos D. Palmer
Greenwood Municipal Court Judge
406 Main Street
Greenwood, Mississippi 38935

Re: Establishment of Municipal Veterans Misdemeanor Treatment Court

Dear Judge Palmer:

The Office of the Attorney General has received your request for an official opinion.

Question Presented

May the Greenwood Municipal Court establish a municipal veterans misdemeanor treatment court?

Brief Response

No, the Greenwood Municipal Court may not establish a municipal veterans misdemeanor treatment court because only the Mississippi Legislature may establish an inferior court, and it has empowered circuit courts of Mississippi sole authority to operate veterans treatment courts.

Applicable Law and Discussion

Mississippi Code Annotated Section 21-23-7 provides the manner in which a municipal court shall operate and sets forth certain powers that a municipal court judge enjoys. That section provides, in pertinent part:

The municipal judge shall have the power to establish and operate a probation program, dispute resolution program and other practices or procedures appropriate to the judiciary and designed to aid in the administration of justice. Any such program shall be established by the court with written policies and procedures filed with the clerk of the court for public record.

Miss. Code Ann. § 21-23-7(5) (emphasis added). While this section authorizes a municipal court judge to "establish and operate" "other practices or procedures appropriate to the judiciary and designed to aid in the administration of justice," there is no explicit grant of authority to establish a veterans treatment court, or any other kind of intervention court.

We have previously addressed the scope of Section 21-23-7(5)'s generalized grant of authority for a municipal court judge to "establish and operate" "other practices or procedures appropriate to the judiciary and designed to aid in the administration of justice." See MS AG Op., Dawson at 2 (Jan. 23, 2004). In Dawson, we opined that this language within Section 21-23-7(5) did not grant a municipal court judge authority to non-adjudicate offenses because the Legislature had already addressed that issue, finding that "we are of the opinion that as the field of non-adjudication has been specifically addressed by the Legislature in Section 99-15-26, that a municipal judge may not, by local rule, establish procedures for non-adjudications." Id. at 2.

Similarly, the Legislature has specifically addressed the establishment of veterans treatment courts and has chosen to vest authority to operate such courts within the circuit courts of the state. Mississippi Code Annotated Section 9-25-1 provides, in pertinent part:

(1) The Legislature recognizes that our military veterans have provided an invaluable service to our country. In doing so, many may have suffered the effects of, including, but not limited to, post-traumatic stress disorder, traumatic brain injury and depression, and may also suffer drug and alcohol dependency or addiction and co-occurring mental illness and substance abuse problems. As a result of this, some veterans come into contact with the criminal justice system and are charged with felony offenses. There is a critical need for the justice system to recognize these veterans, provide accountability for their wrongdoing, provide for the safety of the public, and provide for the treatment of our veterans. It is the intent of the Legislature to create a framework for which specialized veterans treatment courts may be established at the circuit court level and at the discretion of the circuit court judge.

(2) Authorization. A circuit court judge may establish a Veterans Treatment Court program. The Veterans Treatment Court may, at the discretion of the circuit court judge, be a separate court program or as a component of an existing intervention court program. At the discretion of the circuit court judge, the Veterans Treatment Court may be operated in one (1) county within the circuit court district, and allow veteran participants from all counties within the circuit court district to participate.

Miss. Code Ann. § 9-25-1(1)-(2) (emphasis added). Because the Legislature has addressed the issue of veterans treatment courts, without reference to municipal courts, we are of the opinion that a municipal court may not, on its own, establish such a court.

Moreover, only the Legislature is empowered to establish inferior courts. See MISS. CONST. art. VI, § 172 ("The Legislature shall, from time to time, establish such other inferior courts as may be necessary, and abolish the same whenever deemed expedient."); see also Miss. Jud. Performance Comm'n v. Thomas, 549 So. 2d 962, 964 (Miss. 1989) (noting Legislature's authority to create inferior courts). Accordingly, absent statutory authorization by the Mississippi Legislature, a municipal court cannot establish an inferior court.

For these reasons, this office is of the opinion that the Greenwood Municipal Court may not establish a municipal veterans misdemeanor treatment court.

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/ Gregory Alston
Gregory Alston
Special Assistant Attorney General