In Mississippi, does a misdemeanor traffic ticket need a separate general affidavit to start a criminal case, or is the ticket itself enough?

Plain-English summary

Alcorn County's attorney asked the AG whether a misdemeanor case can start with just a traffic ticket, or whether a separate general affidavit is also needed. The AG said the ticket alone suffices, as long as it has been sworn before filing.

The chain of reasoning:

• § 99-1-7 says a prosecution may be commenced by issuing a warrant, binding over the offender, recognizance, indictment, or affidavit.
• § 21-23-7(1) says criminal proceedings in municipal court are brought by sworn complaint filed in the court.
• § 63-9-21 is the Uniform Traffic Ticket Law, which prescribes the form and content of traffic citations.
• The Mississippi Supreme Court in Wheeler v. Stewart, 798 So. 2d 386 (Miss. 2001) held that a traffic ticket meeting § 63-9-21's requirements counts as a "sworn affidavit" under § 21-23-7(1).
• A 2008 AG opinion (Hogsett) confirmed that a ticket is an affidavit when sworn before filing.

So a sworn ticket is itself the charging instrument. It's both the affidavit and the document that commences the proceeding.

What this means for you

Prosecutors and county/municipal attorneys

The opinion holds that "a ticket that has been sworn prior to filing will suffice to commence a criminal proceeding." It does not require a separate general affidavit to accompany a misdemeanor ticket; the sworn ticket is itself enough.

Municipal judges and court clerks

The opinion reads § 21-23-7(1), which requires criminal proceedings to be "brought by sworn complaint filed in the municipal court," together with Wheeler v. Stewart, which held that a traffic ticket meeting § 63-9-21's requirements "constitutes a 'sworn affidavit'" under § 21-23-7(1). On that reading a sworn ticket satisfies the sworn-complaint requirement.

Police officers

The opinion's answer turns on the ticket having been "sworn prior to filing." It addresses the swearing of the ticket, not the broader mechanics of issuing one.

Common questions

Q: Does a misdemeanor ticket need a separate general affidavit to start a case?
A: No. The opinion holds a ticket sworn prior to filing suffices to commence a criminal proceeding, so a separate general affidavit is not necessary.

Q: Why does a ticket count as a sworn complaint?
A: The opinion relies on Wheeler v. Stewart, in which the Mississippi Supreme Court held that a traffic ticket containing the requirements of § 63-9-21 (the Uniform Traffic Ticket Law) "constitutes a 'sworn affidavit'" under § 21-23-7(1).

Q: What is the key condition?
A: That the ticket be "sworn prior to filing." The opinion frames its answer around that condition and cites a prior 2008 AG opinion (Hogsett) for the point that a ticket is an affidavit when sworn before filing.

Background and statutory framework

The opinion lays out the commencement framework. Section 99-1-7 provides that a prosecution may be commenced, within the meaning of § 99-1-5, "by the issuance of a warrant, or by binding over or recognizing the offender to compel his appearance to answer the offense, as well as by indictment or affidavit." For municipal courts, § 21-23-7(1) provides that, "[e]xcept as otherwise provided by law, criminal proceedings shall be brought by sworn complaint filed in the municipal court."

The opinion then ties the traffic ticket into that framework through Wheeler v. Stewart, 798 So. 2d 386, 390 (Miss. 2001), which held that a traffic ticket containing the requirements of § 63-9-21 constitutes a "sworn affidavit" under § 21-23-7(1), and through MS AG Op., Hogsett (Feb. 29, 2008), which opined that a ticket is an affidavit when sworn prior to filing.

Citations and references

Statutes:

• Miss. Code Ann. § 21-23-7(1) (criminal proceedings in municipal court by sworn complaint)
• Miss. Code Ann. § 63-9-21 (Uniform Traffic Ticket Law; required content of traffic citations)
• Miss. Code Ann. § 99-1-5 and § 99-1-7 (general criminal commencement framework)

Case:

• Wheeler v. Stewart, 798 So. 2d 386, 390 (Miss. 2001) (Mississippi Supreme Court, holding that a traffic ticket meeting § 63-9-21 constitutes a "sworn affidavit" under § 21-23-7(1))

Prior AG opinion referenced:

• MS AG Op., Hogsett (Feb. 29, 2008): a ticket is an affidavit when sworn prior to filing.

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2023/11/R.MooreJr.-November-3-2023-Commencement-of-Criminal-Proceedings.pdf

Original opinion text

November 3, 2023

Robert G. Moore, Jr., Esq.
Attorney, Alcorn County
Post Office Box 1990
Corinth, Mississippi 38835

Re: Commencement of Criminal Proceedings

Dear Mr. Moore:

The Office of the Attorney General has received your request for an official opinion.

Question Presented

Is a general affidavit accompanying a misdemeanor ticket necessary to commence a criminal proceeding, or will a ticket/citation suffice to commence a criminal proceeding?

Brief Response

A ticket that has been sworn prior to filing will suffice to commence a criminal proceeding.

Applicable Law and Discussion

Mississippi Code Annotated Section 99-1-7, which provides the general requirements for the commencement of a prosecution, states: "A prosecution may be commenced, within the meaning of Section 99-1-5 by the issuance of a warrant, or by binding over or recognizing the offender to compel his appearance to answer the offense, as well as by indictment or affidavit."

Section 21-23-7(1), which provides for the operation of municipal courts generally, states, in pertinent part: "Except as otherwise provided by law, criminal proceedings shall be brought by sworn complaint filed in the municipal court." The Mississippi Supreme Court has stated that a traffic ticket that contains the requirements cited in Section 63-9-21, the Uniform Traffic Ticket Law, constitutes a "sworn affidavit" as referred to in Section 21-23-7(1). Wheeler v. Stewart, 798 So. 2d 386, 390 (Miss. 2001). This office has previously opined that a ticket is an affidavit having been sworn prior to filing. MS AG Op., Hogsett at *1 (Feb. 29, 2008). Therefore, in response to your question, a ticket that has been sworn prior to filing will suffice to commence a criminal proceeding.

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