Does a Mississippi constable get the bailiff fee on a court day if court gets cancelled before it starts?

Plain-English summary

Alcorn County had constables who showed up on scheduled court days but found court cancelled. The board's attorney asked whether the county still had to pay the bailiff fee.

The AG: no.

Three Mississippi statutes pivot on the same phrase. § 19-19-8 lets a county pay a constable serving as bailiff in justice court "in an amount equal to the allowance paid to riding bailiffs as provided in Section 19-25-31." § 19-25-31 sets the allowance ($55 to $100 per day or part thereof) and ties it to days "for which he or she serves as bailiff when the court is in session." § 25-7-27(e) (civil case bailiff fee) uses the same phrase.

The AG read the statutory text plainly. The 2020 White opinion had already said constables can be paid "for each day, or part thereof," even if they serve only briefly during a session. But brief service still requires that the court actually be in session. If court is cancelled, no session, no fee. The AG added a one-line gloss: "tradition dictates that court cannot be in session without the presence of the presiding judge." So a cancelled court day, where the judge does not appear or does not call the docket, is not a court-in-session day.

The opinion is short and tightly drafted. It does not address compensation for the constable's time spent reporting; that is a separate question (potentially covered by the constable's other duties or by an interlocal arrangement, but not by the bailiff fee statute).

What this means for you

If you are a Mississippi constable

If court is in session, even briefly, you can claim the daily bailiff fee. If court is cancelled before any session, no fee. Track court days carefully so you can document the days you served. The fee falls on a sliding scale ($55-$100 per day) within the board's discretion, set by board order.

If you serve on a Mississippi county board of supervisors

When approving constable bailiff payments, audit against the court's calendar. A day with a cancelled docket should not generate a bailiff fee. The chancery clerk's records or the justice court clerk's records will show whether court was held that day.

If you are a justice court judge or a presiding judge for any court using constable bailiffs

Cancellation timing matters. If the court is in session and then adjourns, the constable's service that day generated the fee. If the court never goes into session at all, no fee accrues for that day. Communicate cancellations early so constables can adjust their schedules.

If you administer county finance

Build a simple cross-check between the court's session record and the constable's bailiff-fee claim. The AG's opinion makes this an audit-friendly point.

Common questions

Q: What is the daily fee range for a constable bailiff?
A: § 19-25-31 sets the range at $55 to $100 per day or part thereof. The actual amount within the range is set by the board of supervisors.

Q: Does the fee apply for half-days or partial sessions?
A: Yes. § 19-25-31 specifies "each day, or part thereof," and the 2020 White opinion confirms a constable serving only part of the day still earns the daily fee. The key is whether the court was in session at all that day.

Q: What happens if the constable shows up but is sent home before court starts?
A: Under the AG's reading, no court-in-session, no fee. The constable's time may be compensated under other constable-duty arrangements but not as bailiff pay.

Q: Does this apply to civil-case bailiff service?
A: Yes. § 25-7-27(e) uses the same "court is in session" trigger.

Q: Can the board pay a stand-by allowance for cancelled days?
A: The opinion does not address that. The bailiff-fee statute is the authority for bailiff pay. A separate stand-by arrangement would need its own statutory or contractual basis. Check with county counsel.

Q: Can a single constable bill multiple judges on the same day?
A: The 2020 White opinion says no double-billing: "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."

Background and statutory framework

Mississippi constables play multiple roles: serving process, providing bailiff support, and other county-court duties. The bailiff-fee statutes (§§ 19-19-8, 19-25-31, 25-7-27(e)) treat the role as compensable on a per-court-day basis, with the practical limiter of "when the court is in session."

The 2020 White opinion handled the "what if the constable serves only part of the day" question. The 2022 Davis opinion handles the "what if court doesn't happen at all" question. Together, they map the contours of the per-day allowance.

Citations

• Miss. Code Ann. § 19-19-8 (constable bailiff in justice court for criminal cases)
• Miss. Code Ann. § 19-25-31 (allowance for riding bailiffs; per-day-or-part rate)
• Miss. Code Ann. § 25-7-27(e) (civil case bailiff fee, same standard)
• MS AG Op., White (May 13, 2020) (per-day fee regardless of number of judges served)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2022/10/W.DavisJr.-October-11-2022-Fee-for-Constable-Serving-as-Bailiff.pdf

Original opinion text

October 11, 2022

William H. Davis, Jr., Esq.
Attorney, Alcorn County Board of Supervisors
Post Office Box 1613
Corinth, Mississippi 38835
Re:

Fee for Constable Serving as Bailiff

Dear Mr. Davis:
The Office of the Attorney General has received your request for an official opinion.
Question Presented
May the Alcorn County Board of Supervisors pay a constable the statutory fee for serving as a
justice court bailiff during scheduled court days on which the constable reports for duty, but court
is thereafter cancelled due to no fault of the constable?
Brief Response
A constable is only entitled to receive the statutory fee when he serves as bailiff when court is in
session.
Discussion
Section 19-19-8 of the Mississippi Code provides: "A constable that serves as a bailiff in justice
court for criminal cases may be paid by the county in an amount equal to the allowance paid to
riding bailiffs as provided in Section 19-25-31." In turn, Section 19-25-31 provides that "[a]ny
such person so employed shall be paid by the county on allowances of the court on issuance of a
warrant therefor in an amount between Fifty-five Dollars ($55.00) and One Hundred Dollars
($100.00) for each day, or part thereof, for which he or she serves as bailiff when the court is in
session." Similarly, Section 25-7-27(e) provides a fee "[f]or service as a bailiff in any court in a
civil case, to be paid by the county on allowance of the court on issuance of a warrant therefor, an
amount equal to the amount provided under Section 19-25-31 for each day, or part thereof, for
which he serves as bailiff when the court is in session." Sections 19-19-8 and 25-7-27(e) both rely
on Section 19-25-31, which provides for payment for the days a constable "serves as bailiff when
the court is in session." (emphasis added).

This office has previously opined that "[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." MS
AG Op., White at *1 (May 13, 2020) (emphasis added). While a constable is entitled to the
statutory fee for an entire day or only a portion thereof, Section 19-25-31 requires that the constable
not only serve as bailiff in order to collect the fee, but to do so while court is in session. It is the
opinion of this office that tradition dictates that court cannot be in session without the presence of
the presiding judge.
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/ Misty Monroe
Misty Monroe
Assistant Attorney General