Can a Mississippi county put circuit court and the district attorney's office in a new building separate from the courthouse?

Plain-English summary

DeSoto County wanted to build a new "Justice Center" near the county jail to serve as a working courthouse: circuit court trials and plea days, overflow chancery space, and the primary office for the district attorney, his staff, and county public defenders. The proposed location was more than a mile from the existing courthouse. The board's attorney asked eight questions about what the law allows.

The AG worked through them:

1. Some offices must stay at the courthouse. Section 25-1-99 says the circuit clerk, chancery clerk, county superintendent of education, county tax assessor, and sheriff "shall keep their offices at the courthouses of their respective counties if offices shall be there provided for them." Section 19-3-11 generally requires the board of supervisors to hold its regular meetings at the courthouse.

2. Distance from the courthouse matters for clerks. If clerk offices are not provided at the courthouse, they must be within one-half mile. The proposed Justice Center site (more than a mile from the courthouse) is too far for the clerks' primary offices.

3. and 4. The board may assign additional workspace at the Justice Center to circuit and chancery clerks, but the clerks must keep their primary office at the courthouse if the board provides space there.

4. Jury seating is the court's job, not the board's. Section 13-5-6 puts the jury commission under the court's supervision and control. Subject to Section 31 of the Mississippi Constitution, state law, and the Rules of Civil and Criminal Procedure, the circuit court has jurisdiction over jury trials in its own court.

5. and 7. The board has authority to assign space at the courthouse and other county buildings (Tally v. Board of Sup'rs of Smith County, 307 So. 2d 553 (Miss. 1975)). It may, by order spread on its minutes, designate one building for chancery functions and another for circuit functions, subject to the half-mile constraint for clerks. If the division of functions occurs, the AG cited prior guidance that the change should be widely published and posted at the old courthouse for a reasonable time so the public is aware.

6. The AG cannot opine to the board about the powers and duties of judges. The AG referred the requestor to the Mississippi Rules of Civil and Criminal Procedure and any local court rules.

What this means for you

For county boards of supervisors planning a justice center

You can build it. You can assign primary court functions to it. But three structural constraints stick:

1. Clerk offices must be at the courthouse if the board provides space, otherwise within one-half mile. If the new justice center is more than half a mile from the courthouse, you cannot relocate clerk primary offices to the justice center while leaving the courthouse without clerk space.
2. Board meetings must be at the courthouse (or in the chancery clerk's office if the chancery clerk's office is in a separate building). Limited deviation is allowed (any county-owned building within one mile of the courthouse, with 30 days' public notice), but a justice center more than a mile away does not qualify.
3. The board can decide which functions go where, but it cannot tell judges where to seat juries or hold trials. That is a court call.

Practical implication: build the justice center at a location that fits both the circuit-court-relocation goals and the half-mile clerk constraint, or accept that some clerk space stays at the courthouse and the justice center adds capacity, not replacement.

For circuit and chancery clerks

If the board offers you space at the courthouse, your primary office stays there. You can have additional workspace at the new justice center for filings related to functions held there, but the courthouse office is your statutory anchor. Plan staffing accordingly.

If the board does not provide courthouse space for you, your office must be within one-half mile of the courthouse. The board cannot relocate you to a justice center more than half a mile away by order alone.

For circuit and chancery judges

The board has authority over space allocation, not over court operations. Where you seat juries, where you hold trials, and how you administer your courtroom remain your call subject to court rules and constitutional requirements. If the board's justice center plan creates problems for your operations, raise that with the board, but the AG will not direct judicial operations from a board-side opinion.

For district attorneys and public defenders

Co-locating prosecution and defense at a justice center near the jail is operationally efficient, but check that your office space allocation does not conflict with statutory requirements for either your office's primary location or court operations. Your statutory home is whatever the relevant statutes provide; consult those before relying on a justice center site as a long-term primary office.

For citizens, journalists, and litigants

When a county announces a justice center plan, watch the minutes for: (a) the order designating which functions move, (b) the assessment of how clerk offices are handled, and (c) the plan for public notice if functions are split between buildings. Confusion about where to file or where to appear is a real cost of these moves; cities and counties have to manage it well or risk dismissed cases and missed deadlines.

Common questions

Why do clerks have to stay near the courthouse?
Section 25-1-99 dates from a period when courthouse access was the central function of county government. The half-mile rule was a practical compromise: clerks could maintain offices in modern administrative buildings nearby, but not so far that public access became difficult. The legislature has not amended this fundamental constraint.

Can the board build a justice center within half a mile of the courthouse?
Yes, and that resolves the clerk-office issue. If the justice center is within half a mile, clerks can have offices there without violating Section 25-1-99.

Where do board of supervisors meetings have to happen?
At the courthouse, or in the chancery clerk's office if that office is in a separate building, or in any other county-owned building within one mile of the courthouse with 30 days' notice. Section 19-3-11. State v. Harris, 18 So. 123, 124 (Miss. 1895), held that an order made elsewhere without legal excuse is void.

Can the chancery court hold trials at the justice center?
Trial location is largely a judicial decision, subject to constitutional and procedural rules. The board can provide a court space at the justice center, but the chancellor decides whether to use it for particular proceedings. Coordinate with the chancellor before building it.

Does the half-mile rule apply to the sheriff and tax assessor too?
Yes. Section 25-1-99 names the circuit clerk, chancery clerk, county superintendent of education, county tax assessor, and sheriff. The county superintendent of education has a special carve-out: that office can be placed elsewhere in the county based on a county board of education determination of feasibility.

Background and statutory framework

Section 25-1-99 sets the office-location rules:

The clerks of the circuit and chancery courts, the county superintendents of education, the county tax assessors, and the sheriffs shall keep their offices at the courthouses of their respective counties if offices shall be there provided for them. If offices shall not be there provided for them, they shall keep their offices within one-half (½) mile of the courthouses of their respective counties; except that the office of the county superintendent of education may be placed in the county in any other place determined by the county board of education to be most feasible, regardless of the distance from the courthouse.

Section 19-3-11 governs board of supervisors meetings. Regular meetings happen at the courthouse, or in the chancery clerk's office if it is in a separate building. Meetings may also be held in any other county-owned building within one mile of the courthouse with 30 days' notice.

Section 19-3-41 imposes the duty on the board to erect and maintain a courthouse. Tally v. Board of Sup'rs of Smith County, 307 So. 2d 553, 556 (Miss. 1975) recognized the board's authority to allocate space "in the courthouse and in the county office building," confirming the board may assign different functions to different county buildings.

Section 13-5-6 places the jury commission under the supervision and control of the court. Section 31 of the Mississippi Constitution and the Rules of Civil and Criminal Procedure further govern jury trials. The board is not the proper entity to "seat" or impanel juries.

The AG noted the standard limit on its opinion-writing authority: it cannot opine to one entity (the board) about the powers and duties of another entity (the judges). MS AG Op., Criswell (Aug. 26, 2016).

Citations

• Miss. Code Ann. § 25-1-99 (clerk and other officer office locations)
• Miss. Code Ann. § 19-3-11 (board meeting location at courthouse)
• Miss. Code Ann. § 19-3-41 (board duty to erect courthouse)
• Miss. Code Ann. § 9-7-63 (23rd Circuit Court District includes DeSoto County)
• Miss. Code Ann. § 9-5-11 (Third Chancery Court District subdistrict 3-1 includes DeSoto)
• Miss. Code Ann. § 13-5-6 (jury commission under court supervision)
• Miss. Const. art. III, § 31 (right to jury trial)
• Tally v. Board of Sup'rs of Smith County, 307 So. 2d 553, 556 (Miss. 1975) (board space allocation authority)
• State v. Harris, 18 So. 123, 124 (Miss. 1895) (board orders made elsewhere without legal excuse are void)
• MS AG Op., Criswell (Aug. 26, 2016) (AG cannot opine to one entity about another's duties)
• MS AG Op., Amos (Dec. 22, 2000) (publish and post notice when dividing functions)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2025/03/A.-Emerson-March-18-2025-New-County-Justice-Center.pdf

Original opinion text

March 18, 2025

Adam B. Emerson, Esq.
Attorney, DeSoto County Board of Supervisors
5293 Getwell Road.
Southaven, Mississippi 38632

Re: New County Justice Center

Dear Mr. Emerson:

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

Background

The DeSoto County Board of Supervisors ("Board") is discussing building a new stand-alone facility near, or connected to, the county jail, to essentially serve as an additional courthouse ("Justice Center"). The Justice Center would be located more than one mile from the current, designated courthouse for DeSoto County. The Justice Center is anticipated to be used primarily for circuit court plea days and trials, additional chancery court space when needed, and as the primary office for the district attorney, his staff, and county public defenders. The Board believes locating the Justice Center next to the current jail will make transporting inmates much easier and safer. The Board also anticipates that the circuit clerk will need an office in the new building to facilitate court proceedings, and the chancery clerk may also need a presence at the Justice Center.

Questions Presented

1. Are there any county services or offices that must remain at the county courthouse?
2. Are there any issues with the Justice Center being located more than one mile from the courthouse?
3. May the circuit clerk have an office at the courthouse and an office at the Justice Center serving two separate functions?
4. May the chancery clerk have an office at the courthouse and an office at the Justice Center?
5. Are there any prohibitions on seating a jury for a circuit court trial outside of the courthouse?
6. May the Board determine and order that the current courthouse serve only chancery court/clerk functions and the new Justice Center serve only circuit court/clerk functions?
7. Can these changes to office location and functions be permitted by order of the Board?
8. Would the sitting circuit judges and chancellors need to sign a standing order relocating court proceedings to the Justice Center?

Brief Response

1. Mississippi Code Annotated Section 25-1-99 provides that the clerks of the circuit and chancery courts, among other county officials, shall keep their offices at the courthouse of their respective counties if offices shall be there provided for them. Section 19-3-11 requires the Board to hold meetings at the courthouse absent specific circumstances.
2. Section 25-1-99 provides that if offices are not provided for the chancery and circuit clerks at the courthouse, then their offices must be located within one-half (1/2) mile of the courthouses of their respective counties.
3. The Board may assign additional workspace for the circuit clerk at the Justice Center, but the clerk must maintain his or her primary office at the county courthouse so long as the Board provides such space at the courthouse.
4. See the response to your third question.
5. The jury selection process is managed by the county jury commission, under the supervision and control of the court. Miss Code Ann. § 13-5-6. Subject to Section 31 of the Mississippi Constitution of 1890, state law, and the Mississippi Rules of Civil and Criminal Procedure, the circuit court has jurisdiction over the jury trials in its own court. The Board is not the proper entity to impanel or otherwise "seat" a jury.
6. Subject to the geographic limitations of Section 25-1-99, the Board has the authority to assign courthouse space to the various county officials and may lawfully designate one building for chancery functions and one building for circuit functions.
7. See the response to your sixth question.
8. This office cannot opine to the requestor about the powers and duties of another individual or entity, which in this instance would be the circuit judges and chancellors. However, we refer you to the Mississippi Rules of Civil Procedure, the Mississippi Rules of Criminal Procedure, and any local court rules that the chancery or circuit district may have adopted.

Applicable Law and Discussion

As an initial matter, the scope of this opinion is limited to the prospective authority of the Board under state law. Pursuant to Sections 9-7-63 and 9-5-11, respectively, DeSoto County constitutes the entirety of the 23rd Circuit Court District and the entirety of Subdistrict 3-1 of the Third Chancery Court District. Therefore, nothing in our response should be construed as opining on the powers and duties of other boards of supervisors, judges, or chancery and/or circuit clerks.

As to your first and second questions, Section 25-1-99 provides in relevant part as follows:

The clerks of the circuit and chancery courts, the county superintendents of education, the county tax assessors, and the sheriffs shall keep their offices at the courthouses of their respective counties if offices shall be there provided for them. If offices shall not be there provided for them, they shall keep their offices within one-half ( ½ ) mile of the courthouses of their respective counties; except that the office of the county superintendent of education may be placed in the county in any other place determined by the county board of education to be most feasible, regardless of the distance from the courthouse.

(emphasis added).

It is clear from a reading of the foregoing statute that if the Board decides not to provide office space for the circuit or chancery clerks at the county courthouse, then the clerks must keep their offices within one-half mile of the courthouse.

Further, Section 19-3-11 provides that in counties with one court district, which includes DeSoto County, "the board of supervisors shall hold regular meetings at the courthouse or in the chancery clerk's office in those counties where the chancery clerk's office is in a building separate from the courthouse." Miss. Code Ann. § 19-3-11. Such regular meeting may also be held in any other county-owned building, so long as the building is within one mile of the courthouse, and the Board provides 30 days' notice to the public. Id.

Your third and fourth questions ask about office space for the circuit and chancery clerks at the Justice Center. The Board has "the power to allocate space in the courthouse and in the county office building." Tally v. Board of Sup'rs of Smith County, 307 So. 2d 553, 556 (Miss. 1975). Consistent with that authority, the Board may assign such additional workspace to the circuit or chancery clerks at the new Justice Center as the Board sees fit. However, if the Board offers office space to either the chancery or circuit clerks in the county courthouse, then the clerk must keep his or her primary office in the courthouse. Miss. Code Ann. § 25-1-99. If the Board does not provide office space for either the circuit or chancery clerks at the courthouse, then the clerk must keep his or her office within one-half (½) mile of the courthouse. Id.

As to your fifth question, the jury selection process is managed by the county jury commission, under the supervision and control of the court. See Miss Code Ann. § 13-5-6. Subject to Section 31 of the Mississippi Constitution of 1890, state law, and the Mississippi Rules of Civil and Criminal Procedure, the circuit court has jurisdiction over the jury trials in its own court. The Board of Supervisors is not the proper entity to impanel or otherwise "seat" a jury. As to whether there are any prohibitions against circuit judges seating a jury outside the courthouse, this office "cannot provide opinions to one entity regarding duties of another. . . ." MS AG Op., Criswell at *1 (Aug. 26, 2016).

Regarding your sixth and seventh questions, pursuant to its duty to erect and maintain a courthouse under Section 19-3-41 and its space-allocation authority under Tally, the Board may, by order spread upon its minutes, designate space for either exclusively chancery or exclusively circuit functions at the county courthouse, while assigning the other function to the new Justice Center. See Tally, 307 So. 2d at 506. However, such division of functions remains subject to the one-half (½) mile limitation for the offices of the circuit and chancery clerks articulated in Section 25-1-99. Further, if the Board divides and designates such functions, "such should be widely published and notice to that effect should be posted and maintained at the old [c]ourthouse for a reasonable time to ensure that the general public is aware of this change in practice." MS AG Op., Amos at *1 (Dec. 22, 2000).

In response to your eighth question, we cannot opine to the Board about the powers and duties of the circuit judges and chancellors. Criswell at *1 (Aug. 26, 2016). For your general guidance, however, we refer you to court rules including the Mississippi Rules of Civil Procedure, the Mississippi Rules of Criminal Procedure, and any local court rules that the chancery or circuit district may have adopted.

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/ Caleb A. Pracht
Caleb A. Pracht
Special Assistant Attorney General

[Footnote 1: An order of the board of supervisors, made in another place than in the courthouse, without legal excuse, is void. State v. Harris, 18 So. 123, 124 (Miss. 1895).]