If a police officer asks a justice court judge to drop the ticket, can the judge just dismiss it, or does the prosecutor have to be involved?

Plain-English summary

A justice court judge in Stone County asked the Attorney General three questions: (1) whether the AG's 2017 Thomas opinion on landlord-tenant "guest" status is still valid given the 2025 amendments adding squatter provisions; (2) whether a judge can dismiss a traffic ticket if the issuing officer makes a written pretrial request, without involving the prosecutor; and (3) whether a prosecutor can file a "standing motion" to dismiss any tickets the affiant officer asks to drop.

The answers:

• The 2017 Thomas opinion is still good law as a general framework, but House Bill 1200 (2025) added a "squatter" definition and amended the definition of "tenant" to make clear it does not include trespassers or anyone who enters or remains "without the landlord's knowledge or permission." Whether a particular guest qualifies as a tenant remains a fact-specific call.
• A judge cannot dismiss a ticket on the officer's request alone. Once a sworn ticket is filed with the clerk, it becomes an affidavit on the docket. The proper channel is for the officer to talk to the prosecutor, who then files a motion under Section 99-15-51. The Mississippi Supreme Court has called direct judge-officer dismissals (without notice to the prosecutor or a hearing) judicial misconduct.
• A "standing motion" to dismiss any officer-requested ticket has no statutory basis. The AG declined to opine further and pointed the judge to the Mississippi Judicial College and the Commission on Judicial Performance.

What this means for you

If you are a justice court or municipal judge

Don't dismiss tickets on the basis of an officer's direct request to you. Two state Supreme Court cases (Boykin and McKenzie) treat that exact pattern as judicial misconduct. The proper procedure: route the request through the prosecutor, who decides whether to file a motion to dismiss under Section 99-15-51. If you have policy questions about your courtroom procedure, the Mississippi Judicial College or the Commission on Judicial Performance is the right resource: the AG explicitly does not opine on the Code of Judicial Conduct.

If you are a law-enforcement officer

If you write a ticket and decide before filing that you do not want to pursue it, you can simply not file it with the court. But once the ticket is sworn and filed with the clerk, you cannot just call the judge and ask for it to go away. Take it to the prosecutor instead. The prosecutor decides whether to file a motion to dismiss under Section 99-15-51, and the judge then decides on the motion. Going around the prosecutor puts the judge at risk of a judicial-misconduct complaint.

If you are a prosecutor (city attorney, county prosecutor, district attorney)

You are the gatekeeper for ticket dismissals. The AG points to Uniform Rules of Procedure for Justice Court Rule 1.04 and Section 99-15-51 as the governing framework. A "standing motion" to auto-dismiss any officer-requested ticket has no statutory basis. The AG suggests the Judicial College or the Commission on Judicial Performance for procedural guidance, but the practical answer is: handle each request individually and file motions one by one.

If you got a ticket and the officer is sympathetic

Do not assume the officer can drop the ticket once it has been filed. Even if the officer agrees the ticket should not stand, the formal process requires the prosecutor to motion the court for dismissal and the judge to grant it. Show up to court, talk to the prosecutor before your case is called, or have an attorney do so.

If you are a landlord, property owner, or someone dealing with a guest who won't leave

The 2017 Thomas opinion held that whether a "guest" becomes a "tenant" under the Residential Landlord and Tenant Act is fact-specific and turns on the rental agreement. House Bill 1200 in 2025 added a definition of "squatter" and an associated removal process, and amended the definition of "tenant" to exclude trespassers and people who enter or remain without the landlord's knowledge or permission. If you have a specific dispute, talk to a Mississippi landlord-tenant attorney about whether the new squatter process or the residential-landlord-tenant-act framework applies to your facts.

Common questions

Q: Can a police officer just ask a judge to drop my ticket?
A: Not directly. Once the officer signs the ticket and files it with the court clerk, the ticket is an affidavit on the docket. The proper channel is for the officer to ask the prosecutor to file a motion to dismiss under Section 99-15-51. The judge then rules on that motion.

Q: Can a judge dismiss a ticket on the officer's email or letter alone?
A: The Mississippi Supreme Court has held that a judge dismissing tickets "without notice to the complaining officer, without a hearing or a trial, or otherwise outside of court" is judicial misconduct. The same logic applies to dismissing on an officer's ex parte request without prosecutor involvement. The AG does not opine on the Code of Judicial Conduct, but the message is clear.

Q: Can the prosecutor file a "standing motion" so any officer-requested ticket gets dismissed?
A: There is no statutory authority for that. The AG declined to opine in detail and referred the judge to the Mississippi Judicial College or the Commission on Judicial Performance for procedural guidance.

Q: What is Section 99-15-51?
A: It is the statute that governs pretrial dismissal of petty misdemeanors. If the injured party tells the court they have received satisfaction, the prosecutor can move to dismiss, and the court can dismiss "if it shall adjudge that the ends of justice will be conserved thereby."

Q: What about nolle prosequi?
A: Section 99-15-53 says a prosecutor cannot enter a nolle prosequi without the court's consent. So the prosecutor cannot unilaterally drop a charge once it is on the docket, but the prosecutor is the right person to bring the motion.

Q: Is the 2017 Thomas opinion on landlord-tenant law still good?
A: As a general framework, yes. But the 2025 legislative session (House Bill 1200) added definitions and procedures around "squatters" and amended the "tenant" definition to exclude trespassers and people who enter without landlord permission. Whether your specific situation falls under tenant rules, squatter rules, or general trespass remains fact-specific.

Q: What is the difference between a "tenant" and a "squatter" under Mississippi law now?
A: A tenant is someone entitled under a rental agreement to occupy a dwelling unit. After 2025 H.B. 1200, the statute clarifies that the term does not include "any person who trespasses or otherwise enters and/or remains on the property of another for any length of time without the landlord's knowledge or permission." Squatter is the new defined category and has its own removal process.

Background and statutory framework

Mississippi justice courts handle traffic tickets and many petty misdemeanors. Once an officer writes a ticket, three things can happen: the defendant pays it, the defendant contests it, or the case is dismissed. Dismissals can come from the prosecutor (by motion under Section 99-15-51 or nolle prosequi under Section 99-15-53) or from a judge after a trial. The AG's office has long held that the officer is not an independent actor at this stage. Once the sworn ticket is filed with the clerk, the officer is a witness, the prosecutor is the lawyer for the State, and the judge is the decisionmaker.

The Mississippi Supreme Court reinforced this structure in Mississippi Commission on Judicial Performance v. Boykin, 763 So. 2d 872 (Miss. 2000), and Mississippi Commission on Judicial Performance v. McKenzie, 63 So. 3d 1219 (Miss. 2011), holding that justice court judges who dismissed traffic tickets ex parte (no notice to the officer, no hearing, sometimes outside of court) committed judicial misconduct in violation of the Mississippi Constitution.

For the landlord-tenant question, the 2017 Thomas opinion concluded that whether a houseguest becomes a tenant under the Residential Landlord and Tenant Act is a fact-specific determination governed by the rental agreement. The 2025 Real Property Owners Protection Act (H.B. 1200) added a "squatter" definition and a process to remove squatters, and tightened the "tenant" definition to make clear it does not cover people who enter without the landlord's knowledge or permission.

Citations and references

Statutes:
- Miss. Code Ann. § 99-15-51 (pretrial dismissal of petty misdemeanors)
- Miss. Code Ann. § 99-15-53 (nolle prosequi requires court consent)
- Miss. Code Ann. § 89-8-1 et seq. (Residential Landlord and Tenant Act)
- 2025 Miss. Laws H.B. 1200 (Real Property Owners Protection Act, squatter provisions)

Cases:
- Mississippi Comm'n on Jud. Performance v. Boykin, 763 So. 2d 872 (Miss. 2000): Ex parte traffic-ticket dismissals are judicial misconduct.
- Mississippi Comm'n on Jud. Performance v. McKenzie, 63 So. 3d 1219 (Miss. 2011): Same.

Prior AG opinions cited:
- MS AG Op., Thomas (Sept. 29, 2017): Tenant status under the Residential Landlord and Tenant Act is fact-specific.
- MS AG Op., Sartin (Sept. 26, 2003): Officer can decline to file ticket; once filed, only judge disposes.
- MS AG Op., Jefferson (Dec. 8, 2020): Judge has authority to dismiss; officer/prosecutor can move to dismiss.
- MS AG Op., Kirk (Apr. 5, 2019): Dismissal for failure to prosecute.
- MS AG Op., Jarvis (Sept. 24, 1999): Section 99-15-51 governs pretrial dismissal.
- MS AG Op., Miller (Mar. 3, 1993): Same.

Court rules:
- Uniform Rules of Procedure for Justice Court, Rule 1.04.

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2025/10/K.-Hines-October-31-2025-Justice-Court-Procedures.pdf

Original opinion text

October 31, 2025

The Honorable Kevin M. Hines
Justice Court Judge, Stone County
231 Third Street South
Wiggins, Mississippi 39577-2808

Re: Justice Court Procedures

Dear Judge Hines:

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

Questions Presented

1. Is the Attorney General's Opinion issued to Dustin N. Thomas on September 29, 2017, regarding the definition of a guest and whether a length of stay would grant a guest tenant's rights, still valid given the subsequent amendments to the Residential Landlord and Tenant Act, Mississippi Code Annotated 89-8-1, et seq.?
2. If the law enforcement officer who issued a ticket makes a written pretrial request to a judge to dismiss a case without any input or action on behalf of the prosecutor, does a judge have the lawful ability to dismiss the case?
3. If the prosecutor alone must motion for dismissals, can the prosecutor issue a standing motion to the court to dismiss citations/tickets if the affiant officer requests a dismissal?

Brief Response

1. In the Thomas opinion, we opined that questions surrounding the Residential Landlord and Tenant Act are determinations to be made based on facts, the rental agreement, and the law and that "[t]he 'rental agreement' referenced in the definition [of the act] would control according to its terms." MS AG Op., Thomas at *1 (Sep. 29, 2017). This remains the position of this office. Whether or how these laws apply to specific individuals remains a fact specific determination that is outside the scope of an opinion.
2. If a law enforcement officer wishes to request that a traffic ticket be dismissed after it has been presented to the court clerk, he or she should not contact the judge directly but should communicate with the prosecutor, who then has the discretion file a motion to dismiss pursuant to Section 99-15-51.
3. There is no statutory authority for a prosecutor to issue a standing motion to dismiss if an affiant officer requests a dismissal. We suggest that you contact the Mississippi Judicial College or the Mississippi Commission on Judicial Performance for further guidance on this question as it is more of a procedural matter than a question of state law.

Applicable Law and Discussion

In the 2017 Thomas opinion cited in your first question, we were asked whether the definition of 'tenant' in the Mississippi Residential Landlord Tenant Act applies to house guests living in a home with a homeowner and whether the answer would change based upon the length of stay of the house guest. MS AG Op., Thomas at *1. We responded that questions surrounding the landlord-tenant act are determinations to be made based on facts, the rental agreement, and the law and that "[t]he 'rental agreement' referenced in the definition [of the act] would control according to its terms." Id. This remains the position of this office. Notably, since the 2017 Thomas opinion was issued, the Real Property Owners Protection Act added the definition of a "squatter" and a process to remove a squatter. 2025 Miss. Laws H.B. 1200. Further, the definition of "tenant" was amended to include the emphasized language: "a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others, and shall not include any person who trespasses or otherwise enters and/or remains on the property of another for any length of time without the landlord's knowledge or permission." Id. (emphasis added.) However, whether or how these laws apply to specific individuals remains a fact specific determination that is outside the scope of an opinion.

With respect to your second and third questions, please note that this office does not opine on the Mississippi Code of Judicial Conduct. For informational purposes, we note that the Supreme Court has held that a justice court judge's dismissal of traffic tickets "without notice to the complaining officer, without a hearing or a trial, or otherwise outside of court" constituted judicial misconduct in violation of the Mississippi Constitution. Mississippi Comm'n on Jud. Performance v. Boykin, 763 So. 2d 872, 874 (Miss. 2000); see also Mississippi Comm'n on Jud. Performance v. McKenzie, 63 So. 3d 1219, 1221 (Miss. 2011). You may wish to contact the Mississippi Judicial College or the Mississippi Commission on Judicial Performance for further guidance on these questions. With respect to the statutory procedure for pretrial dismissal of traffic tickets, we offer the following for prospective guidance.

In the 2003 Sartin Opinion, our office was asked by a justice court judge whether an officer had the authority to drop a ticket before the case went to court. MS AG Op., Sartin at *1 (Sept. 26, 2003). We opined:

[W]hen an officer writes a ticket and gives it to the defendant, he may later choose not to file it with the court. However, once the ticket is sworn to and presented to the court clerk, that ticket is an affidavit and is entered on the docket. From that point only the judge may dispose of the case (ticket). There are several ways in which the case may be disposed. The defendant may pay the ticket and the judge would find the defendant guilty. The defendant may contest the ticket and the judge would make a finding based on the evidence presented at a trial. The prosecutor may petition the court to dismiss the ticket for any number of reasons or to retire the case to the file. The officer may request that the judge dismiss the ticket, however, the ultimate decision as to whether the charges should be dismissed lies with the judge.

This office has previously opined that while "only the judge has the authority to dismiss a case once it has been filed . . . the prosecuting attorney or officer issuing a ticket, or any other interested party, may seek dismissal of the offense by the judge by the filing of a motion or other means." MS AG Op., Jefferson at 1 (Dec. 8, 2020); see also MS AG Op., Kirk at 1 (Apr. 5, 2019) (discussing dismissal for failure to prosecute). For clarification, if an officer wishes to request that a ticket be dismissed after it is presented to the court clerk, he or she should not contact the judge directly but should communicate with the prosecutor, who can then file a motion pursuant to Section 99-15-51 as further discussed below. See Uniform Rules of Procedure for Justice Court, Rule 1.04.

With respect to the pretrial dismissal of misdemeanor affidavits, including traffic tickets, our office has opined that the procedure in Section 99-15-51 should be followed. See MS AG Ops., Jarvis (Sep. 24, 1999) and Miller (Mar. 3, 1993). Section 99-15-51 provides:

In prosecutions for petty misdemeanors, if the party injured appear before the court where the same shall be pending and acknowledge to have received satisfaction, on motion of the prosecuting attorney the court, if it shall adjudge that the ends of justice will be conserved thereby, may discharge the defendant and dismiss the proceedings and may require the payment of court costs.

Relatedly, pursuant to Section 99-15-53, a prosecutor may not enter a nolle prosequi without the consent of the court.

In response to your third question, there is no statutory authority for a prosecutor to issue a standing motion to dismiss if an affiant officer requests a dismissal. We again suggest that you contact the Mississippi Judicial College or the Mississippi Commission on Judicial Performance for further guidance on this question as it is more of a procedural matter than a question of state law.

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/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General