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

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 a school attendance officer, 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 "a court of competent jurisdiction as it pertains to parent or child" as any court that would have 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 over proceedings concerning a delinquent, neglected, abused, or dependent child, with limited exceptions, so depending on the county's court structure the county court, chancery court, or municipal court, via its youth court division, has jurisdiction over the child-neglect side. For the parent's criminal prosecution under Section 97-5-39 (contributing to the neglect of a child, a misdemeanor), the AG concluded that circuit, county, justice, and municipal courts may each be a court of competent 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 its opinion authority under Section 7-5-25. It found no state-law requirement that one court take precedence, so a Section 37-13-91(7) action may be brought in the court of the filer's discretion as long as that court has competent jurisdiction.

What this means for you

School attendance officers

The opinion holds you may file in the court of your discretion, so long as it has competent jurisdiction. It describes two routes: a petition with the youth court under Section 43-21-451 for the child-neglect side, or a petition in a court with jurisdiction over the parent's misdemeanor under Section 97-5-39 (which may be the justice, municipal, county, or circuit court depending on the facts). The opinion found no rule giving one court precedence over another.

Justice court judges and municipal court judges

The opinion holds that a Section 97-5-39 contributing-to-neglect prosecution may proceed in your court within its jurisdictional limits. Justice courts have concurrent jurisdiction with circuit courts over crimes punishable by fine and county-jail imprisonment (Miss. Const. Art. 6, § 171). Municipal courts have jurisdiction over violations of municipal ordinances and state misdemeanors made offenses against the municipality (Section 21-23-7(1)). The opinion's Collins v. State footnote notes that municipal incorporation of a state misdemeanor does not deprive a county court of jurisdiction over misdemeanors committed within a municipality in the county.

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

Section 43-21-151(1) gives youth courts exclusive original jurisdiction over the child-neglect side of these cases, and the opinion notes Section 37-13-91(7) expressly references youth court as a filing path.

Parents and guardians of school-age children

Under Section 37-13-91(5), a parent, guardian, or custodian who refuses or willfully fails to perform the attendance duties is guilty of contributing to neglect of a child and is punished under Section 97-5-39. The opinion quotes Section 97-5-39(1)(a): the offense is a misdemeanor punishable by a fine up to $1,000, imprisonment up to one year, or both.

Defense attorneys

The opinion holds the filer may choose among courts that have competent jurisdiction, with no statutory precedence among them. It describes the limits of each court (justice, municipal, county, circuit) but does not resolve which is correct in a particular case, calling that a mixed question of fact and law outside its authority.

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.

Can the same case go both ways?
The opinion does not address parallel filings, but Section 97-5-39(8) provides that 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."

What is "exclusive original jurisdiction" of youth court?
For the child-neglect side, it means no other court hears 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, states 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."

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 independent 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, guardian, or custodian who willfully fails the law's duties guilty of contributing to neglect of a child, punished under Section 97-5-39. Subsection (7) tells school attendance officers what to do when enrollment or attendance attempts fail: file in youth court under Section 43-21-451 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 several provisions the opinion strings together:

• Youth court: exclusive original jurisdiction over child-neglect, abuse, dependency, and delinquency under Section 43-21-151(1), residing depending on the county in county court, chancery court, or municipal court.
• Circuit court: jurisdiction over 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), notes 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

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2023/07/C.Hemphill-July-20-2023-Jurisdiction-Under-Mississippi-Code-Annotated-Section-37-13-917.pdf

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.").