MS 2023-07-C-Hemphill-July-20-2023-Jurisdiction-Under-Mississippi-Code-Annotated-Section-37 July 20, 2023

When a Mississippi school attendance officer files a truancy petition, which courts can hear the case?

Short answer: Youth courts have exclusive original jurisdiction over child-neglect matters, so a truancy petition can go there. For prosecution of the parent or guardian under Section 97-5-39 (contributing to neglect of a child, a misdemeanor), the AG says jurisdiction is shared among circuit, county, justice, and municipal courts depending on the facts. The school attendance officer has discretion to pick the court of competent jurisdiction.

Disclaimer: This is an official Mississippi Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Mississippi attorney for advice on your specific situation.

Subject

Jurisdiction Under Section 37-13-91(7)

Recipient

The Honorable Christopher D. Hemphill, Justice Court Judge, Lowndes County

Plain-English summary

The Lowndes County justice court judge asked which courts have jurisdiction over petitions filed under Mississippi's Compulsory School Attendance Law, Section 37-13-91(7). The statute says school attendance officers, after exhausting attempts to enroll a chronically absent student, "shall file a petition with the youth court under Section 43-21-451 or shall file a petition in a court of competent jurisdiction as it pertains to parent or child."

The AG read that phrase broadly. "A court of competent jurisdiction as it pertains to parent or child" is any court with jurisdiction over child-neglect matters (the underlying determination) or the resulting criminal prosecution. Under Section 43-21-151(1), youth courts have exclusive original jurisdiction in proceedings concerning a delinquent, neglected, abused, or dependent child, with limited exceptions, so depending on the county's court structure, the youth court division of the county court, chancery court, or municipal court has jurisdiction over child-neglect matters. For the parent's criminal prosecution under Section 97-5-39 (contributing to the neglect of a child, a misdemeanor), the circuit, county, justice, and municipal courts may all have concurrent or exclusive jurisdiction depending on the facts.

The AG declined to identify which specific court is the right venue in any given case, calling that a mixed question of fact and law outside the AG's opinion authority under Section 7-5-25. The school attendance officer has discretion to pick any court of competent jurisdiction.

What this means for you

School attendance officers

You have meaningful discretion in where to file. The two clear paths are (1) youth court under Section 43-21-451 for the child-neglect side, or (2) a court with criminal misdemeanor jurisdiction (justice court, municipal court if the conduct occurred in the municipality and the city has chosen to incorporate the offense, county court, or circuit court) for prosecution of the parent under Section 97-5-39. Pick based on the facts: how serious the truancy pattern is, whether the parent is the primary problem, whether you want a child-services response or a misdemeanor charge.

Justice court judges and municipal court judges

If a school attendance officer files a Section 97-5-39 contributing-to-neglect charge in your court, the AG opinion confirms you have jurisdiction (within your respective limits). Justice courts have concurrent jurisdiction with circuit courts over crimes punishable by fine and county-jail imprisonment. Municipal courts have jurisdiction over misdemeanor cases when the conduct occurred in the municipality and the offense has been incorporated as a municipal violation, per Section 21-23-7(1) and the Collins v. State (1992) footnote.

Youth court judges (and county and chancery judges sitting as youth court)

Section 43-21-151(1) gives you exclusive original jurisdiction over the child-neglect side of these cases. The compulsory attendance statute's specific reference to youth court underscores the legislature's expectation that many of these cases will end up there.

Parents and guardians of school-age children

Mississippi's Compulsory School Attendance Law has teeth. A parent or guardian who refuses or willfully fails to perform attendance duties is guilty of contributing to neglect of a child, a misdemeanor. Punishment can include up to a $1,000 fine, up to one year in jail, or both. Cooperate with school attendance officers before they reach the petition stage.

Defense attorneys

Watch the venue. Different courts have different procedural rules and different downstream consequences. Justice court is faster but limited in remedies; municipal court applies if the offense happened within the city and is incorporated locally; county and circuit courts handle the heavier cases. The AG's flexibility on filing court means you may have a fight over the proper venue.

Common questions

What does Section 37-13-91(7) actually require?
After all attempts to secure a child's enrollment or attendance have failed, the school attendance officer "shall file a petition with the youth court under Section 43-21-451 or shall file a petition in a court of competent jurisdiction as it pertains to parent or child."

Why are there two filing paths?
The youth court path addresses the child as a possibly neglected, dependent, or delinquent child. The other-court path addresses the parent or guardian's potential misdemeanor liability under Section 97-5-39. They are different remedies for different problems.

Can the same case go both ways?
The AG opinion does not address parallel filings, but in practice, youth court action against the child and criminal prosecution of the parent can proceed in different courts. Section 97-5-39(8) says the criminal prosecution "shall be tried in the circuit, county, justice or municipal court having jurisdiction; provided, however, that nothing herein shall abridge or dilute the contempt powers of the youth court," signaling parallel-track contemplation.

What is "exclusive original jurisdiction" of youth court?
For the child-neglect side, it means no other court can hear the matter at the trial level. Section 43-21-151(1) makes that explicit, with limited exceptions.

Can a county court hear a misdemeanor occurring in a city?
The opinion's footnote, citing Collins v. State, confirms that Section 21-23-7(1) "does not . . . deprive a county court of jurisdiction over misdemeanors committed within a municipality that lies within the county." So the county can pull the case from a municipality if it has not been incorporated as a municipal offense.

What about contempt of youth court?
Section 97-5-39(8) preserves the youth court's contempt powers. So a youth court order can be enforced by contempt independently of any misdemeanor prosecution in another court.

Background and statutory framework

Section 37-13-91 is the Mississippi Compulsory School Attendance Law. Subsection (5) makes a parent or guardian who willfully fails the law's duties guilty of contributing to neglect of a child, with sentencing under Section 97-5-39. Subsection (7) tells school attendance officers what to do when enrollment or attendance attempts fail: file in youth court or in a court of competent jurisdiction.

Section 97-5-39 is the contributing-to-neglect statute. Subsection (1)(a) makes the offense a misdemeanor punishable by up to $1,000, up to one year in jail, or both. Subsection (8) confirms jurisdiction in circuit, county, justice, or municipal court, with the youth court's contempt powers preserved.

Trial-court jurisdiction comes from a stack of provisions:

Youth court: exclusive original jurisdiction over child-neglect, abuse, dependency, and delinquency under Section 43-21-151(1). Depending on the county, the youth court division resides in county court, chancery court, or municipal court.
Circuit court: jurisdiction over all state criminal prosecutions not vested elsewhere, under Section 9-7-81 and Mississippi Constitution Article 6, Section 156.
County court: concurrent jurisdiction with justice court in all matters, plus assigned criminal matters, under Section 9-9-21(1).
Justice court: concurrent with circuit court "over all crimes whereof the punishment prescribed does not extend beyond a fine and imprisonment in the county jail," under Mississippi Constitution Article 6, Section 171.
Municipal court: jurisdiction over violations of municipal ordinances and state misdemeanors made offenses against the municipality, under Section 21-23-7(1).

Collins v. State, 594 So. 2d 29, 33 (Miss. 1992), clarified that municipal incorporation of a state misdemeanor does not strip county court jurisdiction over misdemeanors in the city. Section 99-11-1 provides the general courts-of-justice jurisdictional framework for state crimes.

Citations

Miss. Code Ann. § 7-5-25 (AG opinion authority limited to questions of law)
Miss. Code Ann. § 9-7-81 (circuit court criminal jurisdiction)
Miss. Code Ann. § 9-9-21(1) (county court concurrent jurisdiction with justice court)
Miss. Code Ann. § 21-23-7(1) (municipal judge jurisdiction over municipal ordinance and state misdemeanor offenses)
Miss. Code Ann. § 37-13-91 (Compulsory School Attendance Law)
Miss. Code Ann. § 37-13-91(5) (parent contributing to neglect of child for attendance violations)
Miss. Code Ann. § 37-13-91(7) (school attendance officer petition filing)
Miss. Code Ann. § 43-21-151(1) (youth court exclusive original jurisdiction)
Miss. Code Ann. § 43-21-451 (youth court petition referenced in 37-13-91(7))
Miss. Code Ann. § 97-5-39 (contributing to neglect of child statute)
Miss. Code Ann. § 97-5-39(1)(a) (misdemeanor penalty: up to $1,000 fine and/or up to one year in jail)
Miss. Code Ann. § 97-5-39(8) (jurisdiction across circuit, county, justice, municipal courts; youth court contempt preserved)
Miss. Code Ann. § 99-11-1 (jurisdiction of courts of justice for state crimes)
Miss. Const. Art. 6, § 156 (circuit court jurisdiction)
Miss. Const. Art. 6, § 171 (justice court limited criminal jurisdiction)
Collins v. State, 594 So. 2d 29, 33 (Miss. 1992) (county court jurisdiction over municipal-area misdemeanors)

Source

Original opinion text

July 20, 2023
The Honorable Christopher D. Hemphill
Justice Court Judge, Lowndes County
309 S. Martin Luther King Drive
Columbus, Mississippi 39702
Re:

Jurisdiction Under Mississippi Code Annotated Section 37-13-91(7)

Dear Judge Hemphill:
The Office of the Attorney General has received your request for an official opinion.
Question Presented
Although you pose multiple questions in your request, we understand you to be asking what is a
"court of competent jurisdiction as it pertains to parent or child" pursuant to Section 37-13-91(7).
Brief Response
As used in Section 37-13-91(7), "a court of competent jurisdiction as it pertains to parent or child"
is any court that would have jurisdiction over child-neglect matters, the underlying determination
or the resulting criminal prosecution, as it pertains to parent or child.
Applicable Law and Discussion
Section 37-13-91 is known as the Mississippi Compulsory School Attendance Law. You seek
guidance on what is a "court of competent jurisdiction as it pertains to parent or child" pursuant to
Section 37-13-91(7), which provides, in pertinent part:
When a school attendance officer has made all attempts to secure enrollment and/or
attendance of a compulsory-school-age child and is unable to effect the enrollment
and/or attendance, the attendance officer shall file a petition with the youth court
under Section 43-21-451 or shall file a petition in a court of competent jurisdiction
as it pertains to parent or child.
(emphasis added).

In responding to your inquiry, we note that Section 37-13-91(5) and Section 97-5-39 are also
relevant. Section 37-13-91(5) provides:
Any parent, guardian or custodian of a compulsory-school-age child subject to this
section who refuses or willfully fails to perform any of the duties imposed upon
him or her under this section or who intentionally falsifies any information required
to be contained in a certificate of enrollment, shall be guilty of contributing to the
neglect of a child and, upon conviction, shall be punished in accordance with
Section 97-5-39.
Section 97-5-39 speaks to child neglect, delinquency, or abuse, and Subsection (1)(a) provides:
Except as otherwise provided in this section, any parent, guardian or other person
who intentionally, knowingly or recklessly commits any act or omits the
performance of any duty, which act or omission contributes to or tends to contribute
to the neglect . . . of any child . . . shall be guilty of a misdemeanor, and upon
conviction shall be punished by a fine not to exceed One Thousand Dollars
($1,000.00), or by imprisonment not to exceed one (1) year in jail, or by both such
fine and imprisonment.
Finally, Section 97-5-39(8) provides that "[a]ny criminal prosecution arising from a violation of
[Section 97-5-39] shall be tried in the circuit, county, justice or municipal court having
jurisdiction; provided, however, that nothing herein shall abridge or dilute the contempt powers of
the youth court." (emphasis added).
Reading these provisions together, various courts may have jurisdiction over matters brought
pursuant to Section 37-13-91(7). In fact, any court that would have jurisdiction over child-neglect
matters, the underlying determination or the resulting criminal prosecution, as it pertains to
parent or child would be a "court of competent jurisdiction."
First, as indicated by the direct reference to youth court within Section 37-13-91(7), youth courts
"have exclusive original jurisdiction in all proceedings concerning a delinquent child, a child in
need of supervision, a neglected child, an abused child or a dependent child" with limited
exceptions. Miss. Code Ann. § 43-21-151(1). Accordingly, it is the opinion of this office that,
depending on a particular county's court system, the county court, the chancery court, or the
municipal court, via the youth court division, will have jurisdiction over child-neglect matters
and, accordingly, matters brought pursuant to Section 37-13-91(7). This is because these courts
have "competent jurisdiction as it pertains to . . . child."
Further, regarding jurisdiction as it pertains to parents, "[t]he several courts of justice organized
under the constitution and laws of this state, shall possess the sole and exclusive jurisdiction of
trying and punishing all persons in the manner prescribed by law, for crimes and offenses
committed in this state." Miss. Code Ann. § 99-11-1. As stated supra, Section 37-13-91(5)
provides that a parent, guardian, or custodian who ultimately fails to comply with the Mississippi
Compulsory School Attendance Law "shall be guilty of contributing to the neglect of a child and,
upon conviction, shall be punished in accordance with Section 97-5-39." Section 97-5-39 provides

that such crime is "a misdemeanor, and upon conviction shall be punished by a fine not to exceed
One Thousand Dollars ($1,000.00), or by imprisonment not to exceed one (1) year in jail, or by
both such fine and imprisonment."
To this end, circuit courts have jurisdiction over "all prosecutions in the name of the state for
treason, felonies, crimes, and misdemeanors, except" those that are vested in another court. Miss.
Code Ann. § 9-7-81; see also Miss. Const. Art. 6, § 156. County courts "have jurisdiction
concurrent with the justice court in all matters, civil and criminal of which the justice court has
jurisdiction" as well as "over criminal matters in the county assigned by a judge of the circuit court
district in which the county is included." Miss. Code Ann. § 9-9-21(1). Justice courts have limited
criminal jurisdiction, including concurrent jurisdiction with circuit courts "over all crimes whereof
the punishment prescribed does not extend beyond a fine and imprisonment in the county jail; but
the Legislature may confer on the justice court exclusive jurisdiction in such petty misdemeanors
as the Legislature shall see proper." Miss. Const. Art. 6, § 171. And lastly, municipal judges "have
the jurisdiction to hear and determine, without a jury and without a record of the testimony, all
cases charging violations of the municipal ordinances and state misdemeanor laws made offenses
against the municipality and to punish offenders therefor as may be prescribed by law." Miss. Code
Ann. § 21-23-7(1). Accordingly, it is the opinion of this office that, depending on the applicable
facts, the municipal court, the justice court, the county court, or the circuit court may each be a
"court of competent jurisdiction as it pertains to parent" pursuant to Section 37-13-91(7).
Finally, pursuant to Section 7-5-25, this office may only address questions of law and may not
address mixed questions of fact and law. As such, we cannot opine upon which particular court(s)
will have competent jurisdiction in a particular circumstance. However, we note that we find no
state law requirement that one court be given precedence over another. A Section 37-13-91(7)
action may be brought in the court of the filer's discretion as long as it is brought within a court
that has competent jurisdiction.
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/ Maggie Kate Bobo
Maggie Kate Bobo
Special Assistant Attorney General

See also Collins v. State, 594 So. 2d 29, 33 (Miss. 1992) (noting "when a municipality incorporates a state-defined misdemeanor as an offense against the municipality, an act is considered an offense against the municipality
only if the municipality brings the action" and that Section 21-23-7(1) "does not . . . deprive a county court of
jurisdiction over misdemeanors committed within a municipality that lies within the county.").