Which district lines control Chickasaw County justice-court jurisdiction and criminal venue?

Plain-English summary

A Chickasaw County justice-court judge asked which district lines controlled civil and criminal jurisdiction, whether judges and constables could act across the county, and whether the two districts needed separate administrative records and accounts.

Attorney General Lynn Fitch concluded that judicial district lines, not supervisor election lines, distinguished District One and District Two for justice-court jurisdiction. Changing a supervisor district used to elect a judge did not change the county's separate judicial districts.

Justice-court judges nevertheless had countywide subject-matter jurisdiction in civil and criminal cases. A judge elected from either district could preside in Houston or Okolona. Criminal venue remained narrower: a defendant had to be tried in the judicial district where the crime allegedly occurred, with cases rotated among county judges as far as practicable.

State law did not directly answer whether the districts needed separate clerical reports, funds, and accounts. Because the Administrative Office of Courts set the uniform reporting format, the opinion recommended asking that office. It did not formally decide a constable's duties because the requester was a judge, although a footnote cited earlier guidance describing countywide constable process service.

What this means for you

Justice-court judges

The opinion recognizes countywide judicial authority but preserves the defendant's right to trial in the judicial district where the alleged crime occurred.

Court clerks and administrators

The opinion does not resolve whether the districts must keep separate administrative accounts. It points to the Administrative Office of Courts, which controls the reporting format.

County supervisors and election officials

Supervisor election boundaries can change without changing the separate judicial-district lines that govern venue.

Common questions

Q: Can a District One judge hear a case in District Two?
A: Yes. The opinion says justice-court judges have countywide jurisdiction.

Q: Where must a criminal case be tried?
A: In the judicial district where the crime allegedly occurred.

Q: Do supervisor election lines control justice-court venue? A: No. The opinion treats election districts and judicial districts as different boundaries that need not coincide.

Q: Must the two districts file separate reports?
A: The opinion says state law does not directly answer and refers the question to the Administrative Office of Courts.

Background and statutory framework

Mississippi Code Annotated Section 7-5-25 limited the opinion to prospective questions concerning the requester's office. Miss. Code Ann. § 23-15-283(1), (3) gave county supervisors authority over supervisor-district boundaries.

Miss. Code Ann. §§ 11-9-101(1) and the cited criminal statute supported countywide justice-court jurisdiction. Section 99-33-2(1) addressed rotation of criminal cases, and Section 9-1-46 governed reports to the Administrative Office of Courts. Elzey v. State and Clark v. State distinguished elected districts from judicial venue lines.

Citations and references

Statutes:

• Mississippi Code Annotated Section 7-5-25
• Miss. Code Ann. § 23-15-283(1), (3)
• Miss. Code Ann. §§ 11-9-101(1)
• Section 99-33-2(1)
• Section 9-1-46

Cases:

• Elzey v. State, 70 So. 579, 579 (Miss. 1916)
• Clark v. State, 92 So. 2d 452, 453 (Miss. 1957)

Source

• Index page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2026/09/G.-Turner-September-2-2026-Justice-Court-Judicial-Lines.pdf

Original opinion text

September 2, 2026
The Honorable Garry Turner
Justice Court Judge, Chickasaw County, District 1
1 Pinson Square
Houston, Mississippi 38851
Re:

Justice Court Judicial Lines

Dear Judge Turner:
The Office of the Attorney General has received your request for an official opinion. Background According to your request, you are seeking clarification of the official district line(s) within the Chickasaw County Justice Court to clarify the proper court that governs crimes committed in each judicial district. You are also seeking to understand the civil jurisdictional line(s) to clarify whether constables are required to operate strictly within their respective elected line(s) or if their authority extends into the other judicial district. Finally, you state that it is unclear whether District One and District Two are required to maintain separate reports, funds, and accounts for monies collected within their respective jurisdictions. Questions Presented

1. Are judicial district lines or election district lines used to distinguish District One and District
   Two for civil and criminal jurisdiction in Chickasaw County Justice Court?
2. For legal, clerical, and administrative purposes, are District One and District Two recognized
   as separate entities, or should they function collectively?
   Brief Response
3. Chickasaw County’s judicial district lines distinguish District One and District Two for civil
   and criminal jurisdiction in justice court.

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201
POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205
TELEPHONE (601) 359-3680

The Honorable Garry Turner
September 2, 2026
Page 2

2. Even in counties with multiple districts, justice court judges have countywide jurisdiction. But
   in regard to venue, criminal defendants must be tried in the judicial district where the crime occurred. State law does not directly address the clerical and administrative portion of your question. We recommend contacting the Administrative Office of Courts (“AOC”) for additional guidance on justice court reporting. Applicable Law and Discussion To begin, Mississippi Code Annotated Section 7-5-25 authorizes this office to opine upon prospective matters of state law relating to the requestor’s office only. We are unable to opine upon the duties of offices that are not the requestor’s; determinations of fact; county ordinances, regulations, or other such documents. We first note that, while possible, election districts and judicial districts for justice courts do not necessarily coincide.1 Regarding election districts, the Mississippi Supreme Court has stated that “[t]here is no public act establishing the boundaries of a supervisor’s district, from which justices of the peace are elected.” Elzey v. State, 70 So. 579, 579 (Miss. 1916); see also Clark v. State, 92 So. 2d 452, 453 (Miss. 1957). Rather, “[t]he districts of a county are determined by order of the board of supervisors of the county, and by such order may be and sometimes are changed.” Elzey, 70 So. at 579; see also Miss. Code Ann. § 23-15-283(1), (3) (“The board of supervisors shall have power to alter the boundaries of the supervisors districts . . . . Copies of any boundary line changes within the county shall be maintained in the office of the circuit clerk and made available for public inspection.”). A change in the boundary lines of a supervisor’s district, from which justice court judges are elected, does not alter the boundary lines of a county’s judicial districts. It is the judicial district lines that distinguish District One and District Two for civil and criminal jurisdiction in Chickasaw County justice court. This said, justice court judges themselves have countywide jurisdiction.2 See Miss. Code Ann. §§ 11-9-101(1) (civil); 99-33-1 (criminal); see also MS AG Op., Pugh at *1 (Mar. 21, 1984) (“[A] justice court judge has jurisdiction over a criminal offense which was committed in the county, even though the offense may have been committed in another judicial district.”). Stated differently, a justice court judge may preside over matters in either judicial district of its county —in Chickasaw County’s case, Houston or Okolona— regardless of which district the judge was 1

This is made clear by Section 9-11-2(2), which provides:
(2) The board of supervisors shall establish single member election districts in the county for the nonpartisan election of each of the justice court judges authorized and required to be elected for the county under the provisions of subsection (1) of this section, and one (1) justice court judge shall be elected for each district by the electors of each district. In any county authorized and required under the provisions of subsection (1)(a) of this section to provide for the election of two (2) justice court judges for the county in which there are two (2) judicial districts, the smaller of such judicial districts, according to population based upon the latest federal decennial census, shall comprise or shall be wholly encompassed within one (1) of the election districts. 2

Regarding your inquiry as to constables in relation to civil jurisdiction, Section 7-5-25 allows us to issue opinions relating to the respective requestor’s office only. For informational purposes, please see MS AG Op., White at *1 (May 26, 2000) (providing “a constable has jurisdiction county wide and may serve process anywhere in the county”). 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680

The Honorable Garry Turner
September 2, 2026
Page 3
elected from. However, “a defendant in a criminal matter must be tried only in the judicial district in which the crime is alleged to have occurred.” MS AG Op., Ross at 1 (Apr. 16, 1991); see also MS AG Op., Ruffin at 1 (Feb. 22, 2008); Clark, 92 So. 2d at 453. We highlight Section 99-332(1)’s requirement that, as far as practicable, criminal cases be assigned to “justice court judges in the county on a rotating basis to ensure equal distribution.” Id.; see also MS AG Op., Ruffin at *1 (“In counties with two judicial districts, the judges should be rotated between cases in both districts of the county.”). Finally, state law does not directly address whether District One and District Two are recognized as separate entities for clerical and administrative purposes. This said, Section 9-1-46 sets forth the requirements for semiannual reports that justice courts must submit to the AOC. And pursuant to Section 9-1-46(2), AOC “shall be empowered to establish a uniform reporting format for all court clerks.” Accordingly, we recommend contacting AOC for further guidance on this question. 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

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201
POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205
TELEPHONE (601) 359-3680