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Q: Has the law allowing constables to be paid a special fee for serving as bailiff for justice court criminal cases been repealed?
A: Yes. Section 19-19-8 stands repealed as of January 1, 2009. This means the constable´s Section 19-19-7 duty to attend the justice court and execute judgments in criminal cases is without bailiff compensation.

Q: Is the sheriff responsible for providing security in the courthouse and court rooms of the justice court?
A: Yes. Section 19-25-69 requires the sheriff to provide this security regardless of whether a constable is serving as bailiff. (Attorney General´s Opinion to Mueller dated August 15, 2008)

Q: What are the correct filing fees due a chancery clerk for assignments of multiple deeds of trust?
A: The correct filing fees due are: a $10.00 filing fee per book and page listed for each deed of trust included in the assignment pursuant to Section 25-7-9(1)(b)(i); a single $1.00 filing fee for entry in sectional indexes or subdivision lots when the assignment lists a number of deeds of trusts which all refer to the same section or subdivision; a $1.00 filing fee for entry in sectional indexes or subdivision lots for each differing section and each differing lot listed in the assignment; a $1.00 filing fee for marginal notations that are entered on separate documents associated with the assignment pursuant to Section 25-7-9(1)(e)(ii); and finally, a $1.00 archive fee for each document filed in counties participating in the Local Government Records program pursuant to Section 25-60-5. (Attorney General´s Opinion to Walters dated December 19, 2008 which supersedes Attorney General´s Opinion to McLeod dated March 29, 2002)

Q: When a sheriff receives a Writ of Execution instructing the sheriff to seize property of a party to a lawsuit and return a certain sum to the court, and the writ specifically includes the seizure of guns, may the sheriff sell the guns at an execution sale without having a federal license?
A: Yes. A license is only required if you are a gun dealer, a person engaged in the business of selling firearms. (Attorney General´s Opinion to Reinmiller dated December 19, 2008)

Q: Would guns seized by a sheriff have to be sold to the highest bidder, or the highest bidder who passes a background check or the highest bidder who is a federally licensed firearms dealer?
A: The guns should be sold at public auction to the highest bidder in the same manner as all sales on writs of execution. (Attorney General´s Opinion to Reinmiller dated December 19, 2008)

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Q: If a sheriff receives a complaint from a resident of a municipality within the county that they are a victim of a crime, can the sheriff take over the investigation, even though it has been initially reported to the municipal police department?
A: It is within the discretion of a sheriff to investigate state law felonies and misdemeanors committed within a municipality located within his or her county. Ideally the sheriff and the municipal police department will cooperate in the investigation of crimes committed within municipal jurisdiction. However, the sheriff has the ultimate discretion to exercise his or her county-wide jurisdiction independently of municipal forces. (Attorney General´s Opinion to Riegel dated December 19, 2008)

Q: Assuming a board of supervisors holds the required public hearing before officially closing a portion of a public road and removing that portion from the official map and road register, and assuming the board makes the factual findings set forth in Section 65-7-121, can the board, after the public hearing, close the road over the objection of a landowner whose land encompasses part of the road?
A: Yes. (Attorney General´s Opinion to Hathorn dated December 5, 2008)

Q: Does the grant of authority allowing a board of supervisors to expend money for the construction and maintenance of municipal streets as set forth in Section 65-7-85, extend to the county providing matching funds for a federal award for municipal street repair?
A: Yes. The authorization must appear on the board of supervisor´s minutes as well as the minutes of the municipality. (Attorney General´s Opinion to Coleman dated December 30, 2008)

Q: May a board of supervisors lawfully regulate or completely ban all unauthorized solicitations of money and the sale of goods from the board of supervisors meetings and from the courthouse in general?
A: Yes. A board of supervisors is authorized, pursuant to Sections 19-3-40, 19-3-41 and 25-41-9 to regulate general solicitations and the sale of goods from the public during official board meetings. In addition, the board of supervisors has the authority, pursuant to Section 19-3-40 and 41, to regulate the sale of goods in the courthouse. (Attorney General´s Opinion to Hathorn dated January 23, 2009)

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Q: May a county enter into a contract which includes a provision that, in the event of a default in the terms and conditions of the contract by the county, if found by a court of competent jurisdiction to be the defaulting party, reimburse another party to the contract, who is not in default, for its attorneys´ fees in bringing a court action to enforce the terms and conditions of the agreement?
A: A county may not enter a contract which includes a provision that, in the event of a breach of the terms of the contract by the county, the county pay the attorneys, fees to the non-breaching party. They must have express statutory authority to contract to pay attorneys´ fees. (Attorney General´s Opinion to Nowak dated January 23, 2009)

Q: Since there is no definition of a school bus turnaround, is the identification of a school bus turnaround left to the discretion of the board of education and, therefore, is the board of supervisors allowed to rely on any road or drive identified as a turnaround by the board of education?
A: Yes, the board of education makes the determination and designates those areas as school bus turnarounds. (Attorney General´s Opinion to Nowak dated January 30, 2009)

Q: Does a new law amend Section 65-37-7 causing counties that have failed to expend monies allocated under the Local System Bridge Replacement and Rehabilitation Program for a two-year period to forfeit those funds to other eligible counties?
A: Yes, House Bill 1320, 2009 Regular Session, amends Section 65-37-7 in this manner and becomes effective on July 1, 2009.

Q: Has Section 19-19-8, which allows constables to be paid as riding bailiff´s in criminal cases been amended to allow it to remain effective? This section contained a sunset provision that caused it to be automatically repealed on January 1, 2009.
A: Senate Bill 2022, 2009 Regular Session, amended Section 19-19-8 to remove the automatic repealer language in the law. The effective date of this bill is January 1, 2009

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Q: Has Section 41-61-79, which addresses the equipment assigned to the County Medical Examiner, been amended?
A: Yes. House Bill 752, 2009 Regular Session, amends paragraph (3) of Section 41-61-79 to state, The vehicle used by the medical examiner in the performance of his duties shall be considered to be an emergency vehicle and may be equipped with standard emergency flashing lights, siren and a two-way radio for countywide communication, using similar frequencies to those used by the County Emergency Communications District. This amendment becomes effective July 1, 2009.

Q: What process does a county board of supervisors follow to appoint two (2) additional members to the board of trustees of the county owned community hospital?
A: The board of supervisors should follow the procedures outlined in Section 41-13-29(1) and (2) for appointment of additional hospital trustees. (Attorney Generals Opinion to White dated March 23, 2009)

Q: Is a sheriff within his rights under the law to enter the premises upon which a mobile home that sold for delinquent ad valorem taxes is situated and take possession of same over the objections of the landowner?
A: Yes. If the landowner has not taken any action to defeat the sheriffs authority or the countys lien, then the sheriff is authorized to enter the premises and take possession of the mobile home which was sold for delinquent taxes. (Attorney Generals Opinion to Woodard dated March 27, 2009)

Q: May a county allow individuals, candidates, private and public groups to hold meetings in county facilities?
A: Yes. A county may allow individuals and/or groups to hold meetings in public buildings so long as a uniform practice which passes constitutional muster is established and applied consistently to all individuals and/or groups using the space in the public buildings. (See Attorney Generals Opinion to White dated March 27, 2009)

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Q: Is a county utility district authorized to cut off water of a customer until that customer repairs his sewer line which is currently causing raw sewage to leak onto the surface?
A: Yes. The district is authorized to cut off the water of the customer because of the standing sewage on the customer´s property. (Attorney General´s Opinion to Grant dated March 27, 2009)

Q: Does a sheriff have the authority to issue citations to speeding motorists on Federal highways and on State highways in his county?
A: Yes. Of course, he may not use radar in doing so. (Attorney General´s Opinion to Norquist dated March 27, 2009)

Q: Does a sheriff have the authority to conduct roadblocks on State highways independently of a member of the Mississippi Highway Patrol being present?
A: Yes. (Attorney General´s Opinion to Norquist dated March 27, 2009)

Q: Where the county has already advertised for the sale of surplus real property, but received no bids, if the county now hires a professional real estate broker who finds a purchaser, would the county have to advertise for bids, or could the county just proceed with closing on the property?
A: Code Section 19-7-3(2)(b) allows the county, as an alternative to advertising for bids, to contract with a real estate broker, in which case the county does not have to advertise for bids. (Attorney General´s Opinion to Shepard dated April 17, 2009)

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Q: Is a county still authorized under local and private legislation passed in 1992 to sell property to satisfy garbage fee liens, in light of a 2009 amendment to Section 19-5-22 which prohibits such sales?
A: No. The local and private legislation is superseded by Section 19-5-22. (Attorney Generals Opinion to Robinson dated May 1, 2009)

Q: Does the fact that a tax deed has not been issued by the chancery clerk prevent a purchaser at a tax sale after the redemption period has passed from paying prior year taxes?
A: No. (Attorney Generals Opinion to Steel dated May 8, 2009)

Q: Is a county emergency communications district authorized to accept pro rata contributions from users in order to pay the maintenance fees on its 800 MHz radio system?
A: A district is authorized to accept such contributions from users, in accordance with Section 19-3-313(6), if the users in their discretion choose to make such contributions. A district is not authorized to demand or charge the users. (Attorney Generals Opinion to Hunter dated May 29, 2009)

Q: Is a county board of supervisors within its authority to contribute $1,000.00 to a local community theater toward travel expenses to allow the production to travel out-of-state to compete in the 2009 American Association of Community Theatre Festival due to it winning the Southeastern Festival award for Best Production?
A: Yes. However, the county board of supervisors must first make a finding on it minutes, consistent with fact, that such expenditure will advertise and bring favorable notice to the opportunities and resources of the county, then the board would be authorized under Section 17-3-1 to expend such funds. (Attorney Generals Opinion to Brown dated May 29, 2009)

Q: Can a board of supervisors authorize and approve a school bus turnaround when the use may be both a parking place and a turnaround spot for the bus?
A: Yes. Section 19-3-42 authorizes the board of supervisors, in its discretion, to maintain areas used as public school bus turnarounds no matter what other uses are involved. (Attorney Generals Opinion to Dulaney dated May 15, 2009)

Q: Can a constable place a claim to the county for all of the time he was bailiff in criminal court from January 1, 2009 until the time Senate Bill 2022 is precleared by the U. S. Justice Department?
A: Yes. A constable may be paid for serving as bailiff in justice court from January 1, 2009 once Senate Bill 2022 is precleared by the U. S. Justice Department. (Attorney Generals Opinion to Mullen dated May 15, 2009)

Q: Must a county have a written policy providing guidelines for allowing meetings in public buildings by individuals and/or groups?
A: No. A county may, but is not required to, have a written policy setting forth guidelines for allowing meetings in public buildings by individuals and/or groups. (Attorney Generals Opinion to White dated March 27, 2009)

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Q: Is a taxpayer entitled to a refund for overpayment of taxes for a prior year when his property is reappraised at a lower value in a later year, even though there were no errors in the previous assessment, nor was there a double payment nor any overpayments?
A: No. There is no authority for a board of supervisors to refund a portion of the taxes paid in the previous year. (Attorney General´s Opinion to Rogers dated July 3, 2009)

Q: Can a constable place a claim to the county for all of the times he was bailiff in criminal court from January 1, 2009 until Senate Bill 2022 is precleared by the United States Justice Department?
A: Yes. A constable may be paid for serving as bailiff in justice court criminal cases from January 1, 2009 once the bill is precleared. (Attorney General´s Opinion to Mullen dated May 15, 2009)

Q: May information be shared from the E911 Office with the Circuit Clerk´s Office for the purpose of updating their records?
A: No. There is no authority allowing the release of the E911 information to the Circuit Clerk and Tax Assessor. (Attorney General´s Opinion to Palmer dated May 22, 2009)

Q: May the board of supervisors approve a location for a school bus turnaround when the use may be both a parking space and a turnaround spot for the bus?
A: Yes. No matter what other uses the bus turnaround may be used for, private driveway, parking space for bus, etc., the statute authorizes boards of supervisors, in their discretion, to maintain areas used as public school bus turnarounds. (Attorney General´s Opinion to Dulaney dated May 15, 2009)

Q: Can a county require a landowner to bring his garbage to a collection point at the beginning of a dead-end road, so that the collection truck can pick-up the garbage without having to negotiate the road?
A: A county can require residents to carry their garbage to a receptacle a reasonable distance from their residences. (Attorney General´s Opinion to Lee dated June 26, 2009)

Q: If a landowner will not cooperate with a county in removal of his garbage to a collection point, is the landowner exempted from the county collection fee for garbage collection?
A: No. (Attorney General´s Opinion to Lee dated June 26, 2009)