Can a Mississippi county relocate its sheriff's office and county jail to a town that isn't the county seat?
Plain-English summary
Sheriff Gore of Webster County asked whether the sheriff's office and county jail could move to Mathiston, where a businessman had offered to donate two buildings (one currently housing the 911 office). Walthall is the county seat for Webster County. The current jail in Eupora was built in 1965 with legislative approval and a Webster-Eupora agreement.
The AG said no, generally. Two structural rules:
Sheriff's office: Must be at the county courthouse or within one-half mile of it (Section 25-1-99). This is location-locked to the courthouse complex.
County jail: Must be located at the county seat. AG opinions and case law are consistent (Nowak 2009, 2010; Carroll 2000). The 1952 Jackson County Historical Society case described a county seat as the "town or city where the seat of a county government is located, where the county court and other courts are held, and where the county officers perform their duties and functions." Mississippi Constitution Section 259 protects county-seat status, requiring 2/3 voter approval to move (or majority if the move is toward the county center).
There are exceptions:
- Specific legislation expressly authorizing a different location
- Joint construction under Section 17-5-1 between the county and a municipality
The 1965 Eupora jail likely fits the joint-construction exception (the AG could not opine on the specific 1965 agreement; that requires interpretation of the contract).
For Mathiston specifically: Mathiston is in both Webster and Choctaw counties. If Webster County and Mathiston jointly establish a jail there, it must be in the part of Mathiston in Webster County.
The practical paths for Webster County:
- Build a new jail in Walthall (the county seat) on county-owned or acquired land
- Pursue specific legislation authorizing a Mathiston jail
- Use Section 17-5-1 joint construction with Mathiston (in the Webster County portion)
- Hold a county-seat-removal referendum (2/3 voter threshold, or majority for moves toward county center)
Donation of buildings in Mathiston, while financially attractive, does not by itself authorize relocation.
What this means for you
For Mississippi sheriffs and jail administrators
Your office's location is statutory. The sheriff's office stays at the courthouse complex. If your county is considering jail relocation, the proper paths are limited:
- New jail at the county seat (most common)
- Section 17-5-1 joint construction with a municipality
- Specific legislative authorization
Donations of buildings outside the county seat are useful only if they fit one of these paths.
For boards of supervisors
When considering jail upgrades or relocations:
- A new jail at the county seat is the default. Land acquisition and construction at the county seat does not require special authority.
- Joint construction with a municipality (Section 17-5-1) requires a contract and likely approval steps. The 1965 Eupora-Webster County agreement is an example.
- Specific legislation requires lobbying the legislature for a bill. This takes time and political effort.
- A county-seat removal referendum is the most fundamental change but rarely succeeds.
Consider the long-term implications. The county seat is a constitutional and historical anchor. Relocating the jail outside the county seat risks the appearance of and arguments for further county-seat shifts.
For county attorneys
When advising on jail location:
- Confirm the county seat (per the Mississippi Constitution and any historical legislation)
- Confirm the jail's current location and authority (existing jail at county seat? Joint construction? Specific legislation?)
- Map the proposed new location to one of the legal paths
- Document the path on the board's minutes when authorizing
For joint construction, draft a clear interlocal agreement specifying:
- Each side's contribution (land, construction, operating costs)
- Governance and operational decisions
- Termination procedures
- Authority limits on the joint-operated facility
For state legislators
If counties in your district are considering jail relocation outside the county seat, the legislative path is one option. Specific bills authorizing jail location have been used historically. The AG opinion explicitly recognizes this path.
For residents concerned about county seat
The Mississippi Constitution's Section 259 protects the county seat. Removal requires 2/3 voter approval (or majority if toward the county center). The political and constitutional barriers are high. Most counties keep their historical county seats.
If you live near the county seat, the constitutional protection is strong. If you live near another town that wants to be the county seat, the removal path is available but difficult.
Common questions
Q: What is the county seat for Webster County?
A: Walthall, per the AG opinion. Each Mississippi county has a designated county seat.
Q: Can the county courthouse be moved separately from the county seat?
A: The courthouse is the seat of county government. Moving the courthouse without moving the county seat would be unusual and likely require specific legislation.
Q: What is the Section 259 referendum process?
A: County-seat removal requires 2/3 voter approval (or majority if the proposed new location is toward the county center). The referendum is a county-wide vote.
Q: How does Section 17-5-1 joint construction work?
A: The county and a municipality enter a contract for joint construction, preservation, and use of a jail. The agreement specifies cost-sharing and operations. The jail can be located within the participating municipality, even if not the county seat. The 1965 Eupora-Webster County jail likely used this provision.
Q: What if the county and the county-seat municipality cannot agree on a jail location?
A: The county can build on county-owned land at the county seat without the municipality's agreement. Joint construction requires agreement; non-joint construction does not.
Q: Is the jail required to be in the same building as the courthouse?
A: No. The county seat is where the jail must be located, but the jail and courthouse can be separate buildings. The sheriff's office, however, must be at or near the courthouse.
Q: What about regional jails serving multiple counties?
A: Some Mississippi counties participate in regional jail arrangements. These typically require specific legislation or detailed interlocal agreements. The 2022 Gore opinion does not address regional arrangements.
Q: Can the sheriff's office be in a temporary location during construction of a new courthouse?
A: Section 25-1-99's "at or within one-half mile" provision provides flexibility for temporary arrangements during construction. Long-term placement outside the half-mile area is not authorized.
Q: What if the existing jail is in poor condition?
A: The condition of the existing jail is a separate issue. Counties have authority to maintain and replace jails. The replacement jail still has to be in a permitted location (county seat, joint-construction location, or legislatively authorized location).
Q: Does the rule apply to lockup facilities (short-term holding)?
A: The opinion specifically addresses the county jail. Short-term holding facilities at police stations or courthouses are different. Each municipality typically has authority over its own short-term lockup.
Background and statutory framework
Mississippi's county-seat framework dates to the 1890 Constitution. Section 259 protects the county seat, recognizing the substantial public investment in courthouse, jail, and other facilities at the established location. The 2/3 referendum requirement (or majority for moves toward the center) reflects the framers' concern about "ambitious towns and cities" trying to relocate the county seat.
The county-seat-locked jail rule is a long-standing AG position. Nowak 2009 and 2010, plus Carroll 2000, all reach the same conclusion. The 2022 Gore opinion confirms it.
Section 25-1-99 places several county offices at the courthouse: sheriff, chancery clerk, circuit clerk, tax assessor, tax collector, etc. The "at or within one-half mile" language gives some flexibility for adjacent offices but locks them to the courthouse complex.
Section 17-5-1 is the joint-construction exception. It lets a county and any municipality within the county jointly construct, preserve, and use a jail. The jail need not be at the county seat if it is in another participating municipality. The 1965 Eupora-Webster County jail is an example.
The "specific legislation" exception is rarely used but available. The legislature can authorize a county jail at a specific non-county-seat location through a special bill. This requires legislative attention and political effort.
The Justice Ethridge quote in the opinion captures the constitutional concern. The county seat houses public offices, the courthouse, and the jail. Substantial money has been invested in these facilities. Removal is allowed but requires more than a simple majority to prevent agitation by ambitious towns. The 2/3 threshold (with the exception for moves toward the center) reflects this.
Citations and references
Statutes:
- Miss. Code Ann. § 17-5-1, joint construction of jail by county and municipality
- Miss. Code Ann. § 25-1-99, county offices at or within one-half mile of courthouse
Mississippi Constitution:
- Miss. Const. art. 14, § 259, county-seat removal requires 2/3 voter approval (majority for moves toward center)
Case:
- Jackson County Historical Society v. Jackson County Board of Supervisors, 214 Miss. 156, 58 So. 2d 379 (1952), defining county seat
Prior AG opinions cited:
- MS AG Op., Carroll (Aug. 11, 2000), county jail must be at county seat
- MS AG Op., Nowak (Jan. 15, 2009), county jail location at county seat; Section 259 analysis
- MS AG Op., Nowak (May 12, 2010), legislation may authorize jail away from county seat
Source
- Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
- Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2022/03/D.Gore-February-24-2022-Location-of-County-Jail.pdf
Original opinion text
February 24, 2022
Sheriff David Gore
Webster County Sheriff's Office
87 Government Avenue
Eupora, Mississippi 39744
Re: Location of County Jail
Dear Sheriff Gore:
The Office of the Attorney General has received your request for an official opinion.
Background
According to your request, the current jail for Webster County was built in Eupora in 1965 with the approval of the Mississippi Legislature and in accordance with an agreement between Webster County and the Town of Eupora. However, you state that the current jail is now in poor condition. You further state that a local businessman has offered to donate two buildings, including one building that currently houses the 911 office, for the relocation to the Town of Mathiston of the sheriff's office and county jail. Walthall is the county seat for Webster County.
Question Presented
May the sheriff's office and county jail be relocated to a town that is not the county seat?
Brief Response
The sheriff must keep his office at or within one-half mile of the county courthouse in accordance with Section 25-1-99 of the Mississippi Code. The county jail must be located in the county seat unless there is specific legislation expressly and clearly authorizing the jail to be located away from the county seat or if a county chooses the joint construction option with a municipality in accordance with Section 17-5-1.
Applicable Law and Discussion
Several county offices, including the sheriff's office, must be kept at the county courthouse or within a half-mile of the courthouse if an office shall not be provided at the county courthouse for them. Miss. Code Ann. § 25-1-99.
With respect to the county jail, this office has consistently opined that a county jail must be located within the municipal boundaries of the county seat. See MS AG Op., Nowak (Jan. 15, 2009); MS AG Op., Nowak (May 12, 2010); MS AG Op., Carroll (Aug. 11, 2000). Corpus Juris Secundum defines a county seat as follows:
A "county seat" is the town or city where the seat of a county government is located, where the county court and other courts are held, and where the county officers perform their duties and functions. While a county seat is a place where a county courthouse is located, ordinarily, the term applies not merely to the lot and buildings used for transacting public business, but to the territory occupied by such town as may be designated a county seat.
20 C.J.S. Counties § 70.[^1]
Section 259 of the Mississippi Constitution provides:
No county seat shall be removed unless such removal be authorized by two-thirds of the electors of the county voting therefor; but when the proposed removal shall be toward the center of the county, it may be made when a majority of the electors participating in the election shall vote therefor.
As noted in MS AG Op., Nowak at *2-3 (Jan. 15, 2009), in its analysis of Section 259 of the Mississippi Constitution, the Mississippi Supreme Court quoted Justice Ethridge as follows:
In his able treatise on Mississippi Constitutions, Judge George H. Ethridge, who was a member of this Court for more than two decades, in discussing Section 259 of the Constitution, at page 449 of the text, said:
'The purpose of this section is to keep a county seat where it is located and prevent undue agitation of removal questions unless the demand is well warranted by the desires of a large portion of the voters of the county. At the county seat are situated the public offices, the court house and the jail and sometimes other public buildings. It costs a good deal of money to build suitable buildings for these purposes, and when they are once located they ought not to be removed for the mere accommodation of ambitious towns and cities. It was thought that it would be well to require more than a mere majority of the votes to authorize such removal in the interest of public peace and to save agitation and expense. It often happens that a majority of the voters of a county are situated on one side of the center of the county, and sometimes they are located in a city near one side of the county. If in such case the removal could be authorized by a mere majority it would result in the county seat being placed at great distance to the people who have business at the county seat, and would increase the expense of holding courts by having long mileage for jurors and witnesses. The section recognizes the desirability of having the court house near the center of the county. It therefore provided when the removal shall be towards the center of the county that a mere majority will control the election and settle the election in favor of removal if the majority favors such removal.'
MS AG Op., Nowak at *2-3 (Jan. 15, 2009); citing Jackson County Historical Society v. Jackson County Board of Supervisors, 214 Miss. 156, 58 So. 2d 379 (1952).
We have further opined that "legislation may be enacted to expressly and clearly authorize the jail to be located away from the county seat." MS AG Op., Nowak (May 12, 2010).
Separately, Section 17-5-1 permits a county to contract with a municipality for the joint construction, preservation and use of a jail between a county and any municipality within the county. In such case, the jail would not be required to be in the county seat. Based on the supplemental information you provided, we understand this to be the method by which the jail was built in Eupora. Notably, this office does not opine on or interpret contracts. Thus, we have not reviewed the 1965 agreement between Eupora and Webster County and offer no comment on its application to your question.
Accordingly, it is the opinion of this office that Webster County may only establish a county jail in the Town of Mathison if there is specific legislation expressly and clearly authorizing the jail to be located away from the county seat or if it is constructed pursuant to Section 17-5-1.[^2]
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/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General
[^1]: This same definition is cited in Jackson County Historical Society v. Jackson County Board of Supervisors, 214 Miss. 156, 58 So. 2d 379 (1952) and MS AG Op., Nowak at *2-3 (Jan. 15, 2009).
[^2]: Mathiston is located within both Webster and Choctaw Counties. Should Webster County and Mathiston choose to jointly establish a jail in Mathiston pursuant to Section 17-5-1, the jail must be located in the part of the municipality located in Webster County.