When a Mississippi justice court holds civil court in the morning and criminal court the same afternoon, does the constable serving as bailiff get one fee or two?
Plain-English summary
Neshoba County has two justice court judges. They hold their civil and criminal courts on the same day, with civil cases in the morning and criminal cases in the afternoon. The board's attorney asked the AG how to pay the constables who serve as bailiffs: one fee for the entire day, or separate fees for each session.
The AG: separate fees for each.
The two payment statutes work together. § 19-19-8 covers constable service as bailiff in criminal cases: "[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." § 25-7-27(1)(e) covers civil cases: constables serving as bailiffs in any court in a civil case are paid an amount equal to § 19-25-31's riding bailiff rate "for each day, or part thereof."
Both statutes use § 19-25-31's dollar range, which sets the riding bailiff fee at "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." (The statute was amended after a previous version that referenced different lower amounts; the AG's reading of the structure remains the same.)
The "for each day or part thereof" language is the key. The civil fee and the criminal fee are tracked independently. If the constable serves both in the morning civil session and in the afternoon criminal session on the same calendar day, that is one civil "part of a day" plus one criminal "part of a day," and each generates its own fee.
The AG's prior opinion line is consistent. Pratt (2008) said it directly: "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." Dulaney (2007) reached the same result. The 2020 White opinion confirmed: a constable is paid per day or part thereof for service as a bailiff in civil court, and separately for service as a bailiff in criminal court.
The dollar amounts have been adjusted upward by the legislature since the older opinions. Under the current § 19-25-31, the range is $55 to $100 for each session type, so up to $200 per day if a constable serves both civil and criminal sessions.
The "regardless of the number of judges" language from the Pratt opinion is also worth noting. If a constable serves multiple judges in the same court type (e.g., two civil sessions for two different judges in one morning), it is still one civil session for fee purposes. The fee is per court type per day, not per judge.
What this means for you
If you are a Mississippi constable serving as bailiff
You can earn up to $100 for each civil court day or part of a day, and up to $100 for each criminal court day or part of a day. If both courts sit on the same calendar day, you can earn both fees. The county's payment must be approved by the board of supervisors and follow the county's payment procedures.
Track your service days clearly. The fee is "per day or part thereof," so a half-day session counts the same as a full day for fee purposes. Multiple sessions of the same court type on one day still produce one fee for that type.
If multiple judges hold civil court (or criminal court) on the same day and you bailiff for both, you still get one civil-court fee, not two. The Pratt opinion is explicit. Coordinate with the judges and the court clerk on how you will bill.
If you are a Mississippi justice court judge
The constable's fee for serving as bailiff is per court type per day. Your court orders requesting bailiff service should be clear about which court (civil or criminal) and which day, so the constable's fee claim is unambiguous. Coordinate with the constable and the chancery clerk on the procedural process.
If you are on a Mississippi county board of supervisors approving constable bailiff fees
The fee structure is set by statute. Your role is to authorize the payment within the statutory range ($55 to $100 per session type per day), confirm the constable actually served as ordered by the court, and approve the claim through your normal payment process.
Audit-friendly documentation: the court's order requesting bailiff service, the dates of service, the court types served, and the fee per session. The chancery clerk's claim docket is the place where this all comes together.
If you are a chancery clerk processing constable fee claims
Each session-day claim should specify the court type (civil or criminal), the court date, the judge, and the dollar amount. Same-day civil and criminal sessions produce two claims. Same-day multiple-judge sessions in the same court type produce one claim. Use the documentation to support the claim docket entry and the eventual board approval.
If you are a county attorney or county administrator
The Frieson opinion line confirms the structure that is widely used. Audit the constable bailiff fee processing once a year to ensure same-day sessions are being properly broken out by court type and that the fees stay within the $55-to-$100 range. The chancery clerk can adjust if the system is paying incorrectly.
If you are a State Auditor field examiner
Constable bailiff fees are usually a small line item but easy to mis-process. Common issues:
- Same-day civil and criminal sessions paid as a single fee instead of two.
- Multi-judge same-court-type sessions paid as multiple fees instead of one.
- Fees outside the $55-to-$100 range.
- Constable claims without proper court orders for the service.
The Pratt (2008), Dulaney (2007), White (2020), and White (2023) opinion line provides the audit reference points.
Common questions
Q: How much can a constable earn per day as a bailiff?
A: Up to $100 for civil court service plus up to $100 for criminal court service, for a maximum of $200 per calendar day. The exact amount is set by the board of supervisors within that range.
Q: What if the constable serves only the morning civil session?
A: One fee, $55 to $100, for the civil session. No criminal fee because there was no criminal service.
Q: What if the constable serves three different civil sessions in one morning for three different judges?
A: Still one civil fee. The "per day or part thereof" language makes the fee per court type per day, not per session or per judge.
Q: Does this rule apply to bailiff service in courts other than justice court?
A: § 25-7-27(1)(e) covers constables serving as bailiff in "any court in a civil case." The civil fee structure reaches civil sessions in any court where the constable serves. § 19-19-8 specifically covers justice court criminal service. Constable service in higher courts (circuit, chancery, county) is not authorized for the riding bailiff role per the Nowak (2023) opinion, so this question typically arises in justice court.
Q: Who decides the specific dollar amount within the $55-to-$100 range?
A: The board of supervisors sets the amount within the statutory range, typically by general resolution or per-claim. § 19-25-31 establishes the range; the board's choice within it is a local decision.
Q: What documentation does the constable need to submit for the fee?
A: A claim filed with the chancery clerk that identifies the court type, date, judge served, and dollar amount, supported by the court's order requesting bailiff service. The claim is processed through the standard claims docket procedure.
Q: Are constable bailiff fees subject to PERS or income tax?
A: They are taxable income. PERS treatment depends on whether the constable is a covered PERS member; consult specific advice for your situation. The board of supervisors processes the payment through normal payroll or claims procedure with appropriate withholding.
Q: Can a constable serve as bailiff for more than one justice court judge in the same county?
A: Yes. The Pratt (2008) opinion specifically addressed this. Multiple judges in the same court type produce one fee per day; multiple court types produce one fee each.
Background and statutory framework
Three statutes work together:
§ 19-25-31 sets the riding bailiff fee. The current range is $55 to $100 for each day or part thereof when the court is in session. The statute also sets the cap on number of riding bailiffs per court (4) and prohibits paying full-time deputy sheriffs as riding bailiffs. (See the parallel Nowak (2023) AG opinion clarifying that constables cannot be riding bailiffs in higher courts.)
§ 19-19-8 covers constable service as bailiff in justice court criminal cases, with payment "in an amount equal to the allowance paid to riding bailiffs as provided in Section 19-25-31."
§ 25-7-27(1)(e) covers constable service as bailiff in any court for civil cases, with payment "equal to the amount provided under Section 19-25-31 for each day, or part thereof."
The cross-references mean the dollar range is the same ($55 to $100), but the entitlement is independent for civil and criminal service.
The AG opinion line: Dulaney (2007), Pratt (2008), White (2020), and White (2023) all confirm the per-court-type, per-day structure. The dollar amounts in the older opinions reflect pre-amendment fee ranges; the structure remains the same under current law.
The Mississippi Supreme Court's Lewis v. Hinds County Circuit Court, 158 So. 3d 1117 (Miss. 2015), provides background on the riding bailiff role generally, though that case is about higher-court bailiffs rather than justice-court constable service.
Citations
- Miss. Code Ann. § 19-19-8 (constable as criminal justice court bailiff)
- Miss. Code Ann. § 19-25-31 (riding bailiff fee range, $55 to $100)
- Miss. Code Ann. § 25-7-27(1)(e) (constable as civil court bailiff)
- MS AG Op., Dulaney (Oct. 26, 2007) (constable bailiff fees per court type per day)
- MS AG Op., Pratt (Oct. 3, 2008) (separate fees for civil and criminal service on same day; one fee regardless of number of judges)
- MS AG Op., White (May 13, 2020) (constable paid per day or part thereof for each of civil and criminal bailiff service)
Source
- Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
- Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2023/01/W.White-January-24-2023-Payment-of-Constable-Bailiffs.pdf
Original opinion text
January 24, 2023
Wade White, Esq.
Attorney, Neshoba County Board of Supervisors
501 Main Street
Philadelphia, Mississippi 39350
Re:
Payment of Constable Bailiffs
Dear Mr. White:
The Office of the Attorney General has received your request for an official opinion.
Background
You state in your request that Neshoba County has two justice court judges who hold their civil
and criminal courts on the same day. You also state that civil cases are normally handled in the
morning and criminal cases are held in the afternoon.
Question Presented
Are the constable bailiffs to be paid a fee for the morning civil court and then a separate fee for
the evening criminal court, or should the constable bailiff be paid the single fee for the entire day?
Brief Response
A constable that serves as bailiff shall be paid for each day or part thereof for civil court and for
criminal court. Thus, a constable that serves as bailiff shall receive a fee between $55.00 and
$100.00 for attending each day or portion of a day for civil court and shall also receive a separate
fee between $55.00 and $100.00 for attending each day or portion of a day for criminal court on
the same day.
Applicable Law and Discussion
The fee for a constable to serve as a 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 Mississippi Code Annotated Section 19-25-31. Section 19-19-8 states: "[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." Section 25-7-27(1)(e) provides that constables are to be paid an amount
equal to the amount provided under Section 19-25-31 for each day, or part thereof, for which he
serves as bailiff in any court in a civil case.
Section 19-25-31 provides:
Each judge of a circuit, chancery or county court, or a court of eminent domain
may, in the judge's discretion, by order entered on the minutes of the court, allow
the sheriff riding bailiffs to serve in the respective court of such judge, not to exceed
four (4) 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 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. No
full-time deputy sheriff shall be paid as a riding bailiff of any court. County court
judges shall be limited to one (1) bailiff per each court day.
Although Section 19-25-31 is amended to increase the fees that a constable serving as a bailiff
may receive, two previously issued opinions citing the pre-amendment amount of constable fees
are still applicable to your question. This office has previously opined:
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., Pratt at 1 (Oct. 3, 2008); see also, MS AG Op., Dulaney at 1 (Oct. 26, 2007).
This office also has previously opined that "[b]ased 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 [court], and separately, for his or her service as a bailiff in a criminal [court]." MS AG Op.,
White *1 (May 13, 2020). Thus, a constable who serves as bailiff shall receive a fee between
$55.00 and $100.00 for attending each day or portion of a day for civil court and shall also receive
a separate fee between $55.00 and $100.00 for attending each day or portion of a day for criminal
court on the same day.
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