reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 31 - DISTRICT ATTORNEYS (§§ 25-31-1 — 25-31-43) › Section 25-31-21 - Pro tempore appointment and compensation of appointees

(1)
If, at the time of impaneling the grand jury in any circuit court, the district attorney be absent or unable to perform his duties or, if after impaneling of the grand jury, the district attorney be absent or unable to perform his duties or be disqualified, the court shall forthwith appoint some attorney at law to act for the state in the place of the district attorney during his absence or inability or disqualification, and the person appointed shall have the power to discharge all the duties of the office during the absence or inability or disqualification of the district attorney, and shall receive a reasonable compensation for his services, to be allowed by the court and certified to the auditor, who shall issue his warrant therefor. Such allowance shall be deducted from the salary of the district attorney, and shall not exceed the amount of the salary of the district attorney for the number of days allotted by law for the term of the court at which such appointees shall act.
(2)
The provisions of this section shall not be construed to include and shall not be applicable if a district attorney recuses himself from a case or has a conflict of interest with a case, without regard to whether the case has been presented to the grand jury before such recusal or whether the case had not yet been presented to the grand jury.
(3)
When the appointed attorney is required to travel beyond the limits of the judicial district in which he or she is normally employed, all reasonable expenses incurred in prosecuting the case shall be borne by the judicial district of the district attorney being assisted in the discharge of his or her duties, if not already compensated by the state.
Codes, Hutchinson's 1848, ch. 65, art 11 (3); 1857, ch. 6, art 72; 1871, § 216; 1880, § 258; 1892, § 1559; 1906, § 1666; Hemingway's 1917, § 1403; 1930, § 4367; 1942, § 3924; Laws, 1898, ch. 58.
Amended by Laws, 2024, ch. 526, SB 2022,§ 4, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 31 - DISTRICT ATTORNEYS (§§ 25-31-1 — 25-31-43) › Section 25-31-23 - Duty as to fines

The district attorney, at each term of the circuit court, shall carefully examine the minutes of the preceding terms and the execution docket, to see that executions have been issued for all fines, penalties, and forfeitures adjudged at such terms, and that the same have been properly proceeded on and returned, and what fines, penalties, and forfeitures have been collected; and he shall, at the close of every term, make out a statement of all fines, forfeitures, and penalties adjudged and made final at such term; and also of all fines, penalties, and forfeitures collected or received by the sheriff or other officer, stating each case and the amount, and shall deliver the same to the clerk of the board of supervisors of the county. He shall proceed against the officers and their sureties for any neglect of duty of which they may be guilty.
Codes, 1857, ch. 61, art. 309; 1880, § 1789; 1892, § 1560; 1906, § 1667; Hemingway's 1917, § 1404; 1930, § 4368; 1942, § 3925.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 31 - DISTRICT ATTORNEYS (§§ 25-31-1 — 25-31-43) › Section 25-31-25 - District attorney to institute and prosecute suits to vacate fraudulent conveyances

When it may be necessary and proper for the enforcement or collection of any judgment or debt in favor of the state, or any officer thereof in his official capacity, or of any county, the district attorney with the approval of the attorney general shall institute and prosecute, in behalf of the creditor, a suit or suits to set aside and annul any conveyance or other device fraudulently made by the debtor, or any one for him, to hinder, delay, or defraud the creditor.
Codes, 1892, § 1561; 1906, § 1668; Hemingway's 1917, § 1405; 1930, § 4369; 1942, § 3926.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 31 - DISTRICT ATTORNEYS (§§ 25-31-1 — 25-31-43) › Section 25-31-27 - Antitrust suits to require consent of Attorney General

No district attorney of this state, without the consent in writing of the attorney general, shall institute or prosecute any civil suit for a violation of the antitrust statutes of this state; and no court shall take cognizance of any such suit without such written consent of the Attorney General.
Codes, 1930, § 4370; 1942, § 3927; Laws, 1922, ch. 274.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 31 - DISTRICT ATTORNEYS (§§ 25-31-1 — 25-31-43) › Section 25-31-29 - Reports on persons sentenced to state penitentiary

The district attorneys of the several circuit court districts in the State of Mississippi shall furnish the superintendent of the Mississippi state penitentiary and the probation and parole board, within fifteen days after adjournment of each term of court, a written report on each person sentenced by the court for a term in the state penitentiary, showing therein a summary of facts of the case for which he is serving sentence, pertinent circumstances of his life, the antecedents of the violation of the law because of which he has been committed to the penitentiary, and his prior training and employment as available to the district attorney at the time of conviction, including prior convictions, results of mental examinations, and conditions under which arrest was made.
Codes, 1942, § 3927.5; Laws, 1966, ch. 391, § 1, eff. 6/2/1966.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 31 - DISTRICT ATTORNEYS (§§ 25-31-1 — 25-31-43) › Section 25-31-33 - Certain counties to contribute toward salaries of district attorneys and legal assistants

The board of supervisors of any county having a population in excess of two hundred thousand (200,000) according to the federal decennial census of 1970 shall contribute a sum equal to Four Thousand Five Hundred Dollars ($4,500.00) per year, payable monthly, to supplement the salary of the district attorney of that county, provided that he serves full time; and shall contribute a sum equal to Three Thousand Dollars ($3,000.00) per year, payable monthly, per full-time legal assistant to supplement the salary of each full-time legal assistant to the district attorney of that county.
The board of supervisors of any Class 1 county bordering on the Gulf of Mexico and having two (2) judicial districts shall contribute a sum equal to Four Thousand Five Hundred Dollars ($4,500.00) per year, payable monthly, to supplement the salary of the district attorney of that county provided that he serves full time; and shall contribute a sum equal to Five Thousand Dollars ($5,000.00) per year, payable monthly, to supplement the salary of each full-time legal assistant to the district attorney of that county.
Laws, 1977, ch. 453, § 1; Laws, 1992, ch. 396 § 7, eff. 4/27/1992.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 31 - DISTRICT ATTORNEYS (§§ 25-31-1 — 25-31-43) › Section 25-31-35 - District attorneys shall not engage in private practice; exception

(1)
Except as otherwise provided in subsection (2) of this section, it shall be unlawful and shall constitute a high misdemeanor for any district attorney to hold himself out to the general public or otherwise as being engaged in the private practice of law, whether or not he anticipates receiving any form of remuneration from his clients or any person seeking his advice. Any district attorney who shall be found guilty of violation of this provision shall be removed from office by the circuit judge of the county where such violation occurred.
(2)
Any person not serving as a legal assistant to the district attorney who is appointed by the Governor to serve as district attorney to fill a vacancy occurring in such office until such office shall be filled by a special or regular election as provided by Sections
23-15-193
,
23-15-833
and
23-15-843
shall be allowed to engage in the private practice of law while holding the office of district attorney pursuant to such appointment.
Laws, 1977, ch. 453, § 7; Laws, 1983, ch. 322, § 1; Laws, 1992, ch. 396 § 8, eff. 4/27/1992.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 31 - DISTRICT ATTORNEYS (§§ 25-31-1 — 25-31-43) › Section 25-31-36 - Right of district attorney to conclude civil cases pending at time of taking office; practice by appointees pending filling of vacancy by election

(1)
Except as otherwise provided herein, no district attorney shall engage in the private practice of law. However, district attorneys may continue to practice for a period of time, not to exceed six (6) months from the date of taking office, in any of the courts so far as to enable them to bring to a conclusion civil cases actually pending in which such district attorneys were employed when they were appointed or elected.
(2)
Any person not serving as a legal assistant to the district attorney who is appointed by the Governor to serve as district attorney to fill a vacancy occurring in such office until such office shall be filled by a special or regular election as provided by Sections
23-15-193
,
23-15-833
and
23-15-843
shall be allowed to engage in the private practice of law while holding the office of district attorney pursuant to such appointment.
Laws, 1979, ch. 490, § 3; Laws, 1983, ch. 322, § 2; Laws, 1992, ch. 396 § 9, eff. 4/27/1992.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 31 - DISTRICT ATTORNEYS (§§ 25-31-1 — 25-31-43) › Section 25-31-37 - District Attorney of the Seventh Circuit Court District authorized to appoint two additional full-time assistant district attorneys

(1)
The District Attorney of the Seventh Circuit Court District may appoint two (2) full-time assistant district attorneys in addition to those authorized as of July 1, 2023, in Section
25-31-5
. The full-time assistant district attorneys shall receive compensation in an amount equal to the compensation paid to full-time assistant district attorneys in the Seventh Circuit Court District subject to available funds specifically appropriated therefor by the Legislature.
(2)
The District Attorney of the Seventh Circuit Court District may appoint one (1) full-time criminal investigator in addition to the criminal investigators authorized as of July 1, 2023 in Section
25-31-10
.
Added by Laws, 2023, ch. 546, HB 1020,§ 3, eff. 7/1/2023.
Repealed by Laws, 1992, ch. 396, § 11, eff. 4/27/1992.
Laws, 1978, ch. 520, § 5, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 31 - DISTRICT ATTORNEYS (§§ 25-31-1 — 25-31-43) › Section 25-31-39 - Employment of part-time legal assistants

To the extent the district attorney's office receives funds from any source, the district attorney may employ one or more part-time legal assistants who shall serve at the will and pleasure of the district attorney to assist in the performance of the duties of the district attorney. A part-time legal assistant must not engage in the private practice of law, and must possess the qualifications and be subject to removal as provided in Section
25-31-6
. The term "any source" has the meaning ascribed in Section
25-31-5
.
Laws, 1978, ch. 509, § 10; Laws, 1983, ch. 322, § 3; Laws, 1992, ch. 396 § 10, eff. 4/27/1992.
Amended by Laws, 2022, ch. 442, HB 1423,§ 2, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 31 - DISTRICT ATTORNEYS (§§ 25-31-1 — 25-31-43) › Section 25-31-41 - District Attorneys Operation Fund created; source of money; use of funds; funding of district attorneys' expenses; deposit of user charges and fees authorized by Section 99-19-72 (1)

(1)
There is created in the State Treasury a special fund designated as the District Attorneys Operation Fund. The funds shall be administered by the Attorney General. The fund shall consist of monies deposited therein as provided in Section
99-19-72
and monies from any other source designated for deposit into the fund. The Attorney General may also accept monies from any public or private source for deposit into the fund. Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned from the investment of monies in the fund shall be deposited to the credit of the fund.
(2)
Monies in the fund shall be subject to appropriation by the Legislature and may only be used for the purpose of assisting district attorneys as determined necessary by the Attorney General. Monies in the fund used for the purposes described in this section shall be in addition to other funds available from any other source for such purposes.
(3)
From and after July 1, 2016, the expenses of district attorneys shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized by Section
99-19-72(1)(a) and (b)
shall be deposited into the State General Fund as authorized by law and as determined by the State Fiscal Officer, and charges and fees authorized by Section
99-19-72(1)(c)
shall be retained by the circuit clerks for expenditures authorized by law.
Laws, 2010, ch. 561, § 3, eff. 7/1/2010.
Amended by Laws, 2017EX1, ch. 7, SB 2001,§ 11, eff. 6/23/2017.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 31 - DISTRICT ATTORNEYS (§§ 25-31-1 — 25-31-43) › Section 25-31-43 - Retention of one service-issued sidearm by district attorney, legal assistant to district attorney or criminal investigator employed by district attorney upon retirement

Any district attorney, legal assistant to a district attorney or criminal investigator employed by a district attorney who retires under the Public Employees' Retirement System for superannuation or for reason of disability shall be allowed to retain, as his personal property, one (1) sidearm which was issued under authority of Section
97-37-7
. The replacement cost of the sidearm shall come from funds appropriated to the district attorney other than those funds appropriated from State General Funds.
Laws, 2011, ch. 535, § 2, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 32 - PUBLIC DEFENDERS (§§ 25-32-1 — 25-32-31) › IN GENERAL (§§ 25-32-1 — 25-32-21) › Section 25-32-1 - Establishment of office by board of supervisors

Should the board of supervisors of any county or the boards of supervisors of two (2) or more counties in the same circuit court district determine by order spread upon their minutes that the county or counties have a sufficient number of indigent defendant cases to establish an office of public defender, the board of supervisors or boards of supervisors are authorized and empowered, in their discretion, to establish the office, provide office space, personnel and funding for the office, and to perform any and all functions necessary for the efficient operation of such an office to the end that adequate legal defense for indigent persons accused of crime shall be provided at every critical stage of their cases as an alternative to court appointed counsel. Said order shall specify whether the public defender shall be full-time or part-time.
Laws, 1979, ch. 509, § 1, eff. 10/1/1979.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 32 - PUBLIC DEFENDERS (§§ 25-32-1 — 25-32-31) › IN GENERAL (§§ 25-32-1 — 25-32-21) › Section 25-32-3 - Circuit judge shall appoint public defender for county; assistant public defender

(1)
When the office of public defender is established, the circuit judge or the senior circuit judge, if there be more than one (1) circuit judge, shall appoint a practicing attorney to serve the county or counties as public defender until the end of the term of office of the district attorney and thereafter for a term of four (4) years and said term shall coincide with the term of the district attorney. Such appointee shall be selected from a list of two (2) or more attorneys recommended by the county or regional bar association. In the event a vacancy shall occur in the office of the public defender, the circuit judge or the senior circuit judge, if there be more than one (1) circuit judge, shall appoint another person to serve as public defender until the end of the regular term of office.
(2)
Assistant public defenders may be authorized by the board of supervisors, or boards of supervisors if two (2) or more counties are acting jointly. The public defender shall appoint all assistant public defenders. Such assistant public defenders may be compensated in such an amount as may be authorized by the respective board of supervisors; provided, however, that in no case may such assistant public defenders receive compensation in an amount greater than that received by the public defender.
Laws, 1979, ch. 509, § 22, eff. 10/1/1979.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 32 - PUBLIC DEFENDERS (§§ 25-32-1 — 25-32-31) › IN GENERAL (§§ 25-32-1 — 25-32-21) › Section 25-32-4 - Appointment of three full-time assistant public defenders in Seventh Circuit Court District and Capitol Complex Improvement District Inferior Court by public defender of the Seventh Circuit Court District

The public defender of the Seventh Circuit Court District may appoint three (3) full-time assistant public defenders who shall perform duties in the Seventh Circuit Court District and the Capitol Complex Improvement District (CCID) Inferior Court. Such appointments shall be made in addition to those authorized as of July 1, 2023 in Section
25-32-3
. The full-time assistant public defenders shall receive compensation in an amount equal to the compensation paid to full-time assistant public defenders in the Seventh Circuit Court District subject to available funds specifically appropriated by the Legislature.
Added by Laws, 2023, ch. 546, HB 1020,§ 2, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 32 - PUBLIC DEFENDERS (§§ 25-32-1 — 25-32-31) › IN GENERAL (§§ 25-32-1 — 25-32-21) › Section 25-32-5 - Compensation; private practice of law

Compensation for the public defender shall be fixed by the board of supervisors or boards of supervisors, if two (2) or more counties are acting jointly; provided, however, the compensation for a public defender, who shall be full-time, representing an entire circuit court district shall not be less than the compensation of the district attorney, the compensation for a public defender representing one (1) county shall not be less than the compensation of the county prosecuting attorney and the compensation for a public defender representing two (2) or more counties, but less than the entire circuit court district, shall not be less than the aggregate of the compensation for county prosecuting attorneys of the counties served, but in no event to exceed the compensation of the district attorney. No full-time public defender or full-time assistant public defenders shall engage nor be associated with any person in the private practice of law. Part-time public defenders or part-time assistant public defenders may engage in the private practice of the law as long as such practice does not relate to the prosecution of criminal matters.
Laws, 1979, ch. 509, § 3, eff. 10/1/1979.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 32 - PUBLIC DEFENDERS (§§ 25-32-1 — 25-32-31) › IN GENERAL (§§ 25-32-1 — 25-32-21) › Section 25-32-7 - Office and office expenses; payment of compensation and expenses

(1)
The public defender shall be provided with office space, secretarial assistance, and all reasonable expenses of operating the office, at least equal to or more than the county prosecuting attorney, or the district attorney if the public defender represents the entire circuit court district. The compensation and expenses of the public defender's office shall be paid by the county or counties if two (2) or more counties are acting jointly. The funds shall be paid upon allowance by the board of supervisors by order spread upon the minutes of the board.
(2)
The public defender is authorized to assign the duties of and exercise supervision over all employees of the office without regard to the source of funding for those employees.
Laws, 1979, ch. 509, § 4, eff. 10/1/1979.
Amended by Laws, 2014, ch. 414, HB 273, 1, eff. 3/21/2014.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 32 - PUBLIC DEFENDERS (§§ 25-32-1 — 25-32-31) › IN GENERAL (§§ 25-32-1 — 25-32-21) › Section 25-32-9 - Affidavit of indigency; statement of assets; representation of persons in need of mental treatment

(1)
When any person shall be arrested and charged with a felony, a misdemeanor or an act of delinquency, then the arresting authority shall afford such person an opportunity to sign an affidavit stating that such person is an indigent and unable to employ counsel. Upon the signing of such affidavit by such person, the public defender shall represent said person unless the right to counsel be waived by such person. Provided further, a statement shall be executed by the alleged indigent, under oath, listing all assets available to the indigent for the payment of attorney's fees, including the ownership of any property, real or personal, and setting out therein the alleged indigent's employment status, number of dependents, income from any source, the ability of his parents or spouse to provide an attorney's fee, and any other information which might prove or disprove a finding of indigency. The affidavit and statement shall be a part of the record in the case and shall be subject to review by the appropriate court. Based on review of the affidavit, statement or other appropriate evidence, if the appropriate court finds that the defendant is not indigent, said court shall terminate the representation of the defendant by the public defender.
When any person shall be arrested and charged with a misdemeanor, the presiding judge or justice, upon determination that the person is indigent as provided in this section, and that representation of the indigent is required, shall appoint the public defender whose duty it shall be to provide such representation. No person determined to be an indigent as provided in this section shall be imprisoned as a result of a misdemeanor conviction unless he was represented by the public defender or waived the right to counsel.
(2)
The accused shall have such representation available at every critical stage of the proceedings against him where a substantial right may be affected.
(3)
The public defender shall also represent persons in need of mental treatment, as provided under Sections
41-21-61
et seq. The chancery court may tax costs as provided in Sections
41-21-79
and
41-21-85
.
Laws, 1979, ch. 509, § 5; Laws, 1980, ch. 518, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 32 - PUBLIC DEFENDERS (§§ 25-32-1 — 25-32-31) › IN GENERAL (§§ 25-32-1 — 25-32-21) › Section 25-32-11 - Duties; free access to accused

The duties of the public defender shall include the investigation of charges against the defendant and all facts surrounding the same, and shall include courtroom and appellate appearances on behalf of the defendant in all cases originating in state and county courts. The public defender shall have free access to the accused who shall have process to compel the attendance of witnesses in his favor.
Laws, 1979, ch. 509, § 6, eff. 10/1/1979.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 32 - PUBLIC DEFENDERS (§§ 25-32-1 — 25-32-31) › IN GENERAL (§§ 25-32-1 — 25-32-21) › Section 25-32-13 - Appointment of counsel by court in conflict of interest cases; appointment of additional counsel where necessary

(1)
If the court finds that indigent defendants have such conflicts of interests that they all cannot be properly represented by the public defender, or when other good cause is shown in the trial court or on appeal, the court shall appoint separate counsel as provided in Section
99-15-15
, Mississippi Code of 1972. In such cases, the fees allowed appointed counsel in Section
99-15-17
, Mississippi Code of 1972, shall apply.
(2)
If the court finds that an indigent is a defendant in a case of such a nature that he cannot be properly represented by the public defender alone, the court shall appoint additional counsel to assist the public defender as provided in Section
99-15-15
, Mississippi Code of 1972. In such cases, the fees allowed appointed counsel in Section
99-15-17
, Mississippi Code of 1972, shall apply.
Laws, 1979, ch. 509, § 7, eff. 10/1/1979.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 32 - PUBLIC DEFENDERS (§§ 25-32-1 — 25-32-31) › IN GENERAL (§§ 25-32-1 — 25-32-21) › Section 25-32-15 - Termination of office

The office of public defender may be terminated, in the discretion of the board of supervisors, by entering an order upon the minutes of the board of supervisors six (6) months prior to the expiration of the term of the public defender. Such termination shall be effective at the end of the term of the public defender.
Laws, 1979, ch. 509, § 8, eff. 10/1/1979.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 32 - PUBLIC DEFENDERS (§§ 25-32-1 — 25-32-31) › IN GENERAL (§§ 25-32-1 — 25-32-21) › Section 25-32-17 - Compensation, staff, office space, and secretarial assistance not to be reduced; authority to increase

The compensation, administrative staff, office space and secretarial assistance shall not be reduced or diminished but may be increased during the term of the public defender.
Laws, 1979, ch. 509, § 9, eff. 10/1/1979.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 32 - PUBLIC DEFENDERS (§§ 25-32-1 — 25-32-31) › IN GENERAL (§§ 25-32-1 — 25-32-21) › Section 25-32-19 - Obtaining financial, professional, investigatory, research, or other assistance

The public defender and the board of supervisors may cooperate with any individual or public agency, whether state or federal, or with any institution of higher learning of the State of Mississippi, to obtain by gift, grant or otherwise any financial, professional, investigatory or research or other assistance; provided, however, that any grants or any financial assistance whatever for the purpose herein set out shall be paid over to the board of supervisors and administered by it for the purposes herein set forth. The board shall have the authority to use any financial assistance or grants to extend and expand the facilities of the office.
Laws, 1979, ch. 509, § 10, eff. 10/1/1979.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 32 - PUBLIC DEFENDERS (§§ 25-32-1 — 25-32-31) › IN GENERAL (§§ 25-32-1 — 25-32-21) › Section 25-32-21 - [Repealed]

Repealed by Laws, 2014, ch. 414, HB 273, 2, eff. 3/21/2014.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 32 - PUBLIC DEFENDERS (§§ 25-32-1 — 25-32-31) › STATEWIDE PUBLIC DEFENDER SYSTEM ACT [Repealed] (§ 25-32-31) › Section 25-32-31 - through 25-32-65 - [Repealed]

Repealed by Laws, 2000, ch. 569, 29, eff. 7/1/2000.
25-32-31. [ Laws, 1998, ch. 575, 1, eff. 7/1/1998, provided the new programs authorized byLaws, 1998, ch. 575, are funded and certified] 25-32-33. [Laws, 1998, ch. 575, 2, eff. 7/1/1998, provided the new programs authorized byLaws, 1998, ch. 575, are funded and certified] 25-32-35. [Laws, 1998, ch. 575, 3, eff. 7/1/1998, provided the new programs authorized byLaws, 1998, ch. 575, are funded and certified] 25-32-37. [Laws, 1998, ch. 575, 4, eff. 7/1/1998, provided the new programs authorized byLaws, 1998, ch. 575, are funded and certified] 25-32-39. [Laws, 1998, ch. 575, 5, eff. 7/1/1998, provided the new programs authorized byLaws, 1998, ch. 575, are funded and certified] 25-32-41. [Laws, 1998, ch. 575, 6, eff. 7/1/1998, provided the new programs authorized by Laws, 1998, ch. 575, are funded and certified] 25-32-43. [Laws, 1998, ch. 575, 7, eff. 7/1/1998, provided the new programs authorized byLaws, 1998, ch. 575, are funded and certified] 25-32-45. [Laws, 1998, ch. 575, 8, eff. 7/1/1998, provided the new programs authorized byLaws, 1998, ch. 575, are funded and certified] 25-32-47. [Laws, 1998, ch. 575, 9, eff. 7/1/1998, provided the new programs authorized byLaws, 1998, ch. 575, are funded and certified] 25-32-49. [Laws, 1998, ch. 575, 10, eff. 7/1/1998, provided the new programs authorized byLaws, 1998, ch. 575, are funded and certified] 25-32-51. [Laws, 1998, ch. 575, 11, eff. 7/1/1998, provided the new programs authorized byLaws, 1998, ch. 575, are funded and certified] 25-32-53. [Laws, 1998, ch. 575, 12, eff. 7/1/1998, provided the new programs authorized by Laws, 1998, ch. 575, are funded and certified] 25-32-55. [ Laws, 1998, ch. 575, 13, eff. 7/1/1998, provided the new programs authorized byLaws, 1998, ch. 575, are funded and certified] 25-32-57. [ Laws, 1998, ch. 575, 14, eff. 7/1/1998, provided the new programs authorized byLaws, 1998, ch. 575, are funded and certified] 25-32-59. [ Laws, 1998, ch. 575, 15, eff. 7/1/1998, provided the new programs authorized byLaws, 1998, ch. 575, are funded and certified] 25-32-61. [Laws, 1998, ch. 575, 16, eff. 7/1/1998, provided the new programs authorized byLaws, 1998, ch. 575, are funded and certified] 25-32-63. [Laws, 1998, ch. 575, 17, eff. 7/1/1998, provided the new programs authorized byLaws, 1998, ch. 575, are funded and certified] 25-32-65. [Laws, 1998, ch. 575, 18, eff. 7/1/1998, provided the new programs authorized by Laws, 1998, ch. 575, are funded and certified]
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 33 - NOTARIES PUBLIC (§ 25-33-1) › Section 25-33-1 - through 25-33-33 - [Repealed]

Codes, 1880, § 426; 1892, § 3040; 1906, § 3447; Hemingway's 1917, § 2780; 1930, § 2858; 1942, § 4016; Laws, 1904, ch. 159; Laws, 1926, ch. 190; Laws, 1981, ch. 426, § 1; Laws, 1988, ch. 456, § 1; Laws, 2007, ch. 427, § 1, eff. 7/1/2007.
Repealed by Laws, 2020, ch. 382, HB 1156,§ 35, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-1 - Short title

This chapter shall be known and may be cited as the "Revised Mississippi Law on Notarial Acts."
Added by Laws, 2020, ch. 382, HB 1156,§ 1, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-5 - Applicability

This chapter applies to a notarial act performed on or after July 1, 2021.
Added by Laws, 2020, ch. 382, HB 1156,§ 3, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-7 - Authorized notarial acts; limitation on performance of notarial acts

(1)
A notarial officer may perform the following notarial acts:
(a)
Take acknowledgments;
(b)
Administer oaths and affirmations;
(c)
Take verifications on oath or affirmation;
(d)
Certify depositions of witnesses;
(e)
Witness or attest signatures;
(f)
Make or note a protest of a negotiable instrument;
(g)
Make an affidavit regarding the truth of any witnesses or attested signatures in question along with any corrected language and, if the authenticity or correctness of language affects real property, file the same in the land records in the office of the chancery clerk where the land is located; and
(h)
Any other acts so authorized by the law of this state.
(2)
A notarial officer may not perform a notarial act when the officer:
(a)
Is a party to the record being notarized;
(b)
Is a spouse, child, sibling, parent, grandparent, grandchild, aunt or uncle, or niece or nephew, including a son or daughter-in-law, a mother or father-in-law, a stepchild or stepparent, or a half-sibling, of the person whose signature is being notarized or the person taking a verification on oath or affirmation from the officer; or
(c)
Will receive as a direct result any commission, fee, advantage, right, title, beneficial interest, cash, property or other consideration exceeding in value the fees required by rules established by the Secretary of State.
(3)
A notarial officer is not disqualified from performing a notarial act by virtue of his or her profession when the officer:
(a)
Is an employee performing a notarial act on behalf of, or which benefits, the employer;
(b)
Is an attorney who maintains an attorney-client relationship with the person whose signature is the subject of the notarial act; or
(c)
Is a shareholder of a corporation or member of a limited liability company which is a party to a record that is the subject of the notarial act.
(4)
A notarial act performed in violation of subsection (2) is voidable.
Added by Laws, 2020, ch. 382, HB 1156,§ 4, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-9 - Fees for notarial services

A notarial officer may charge a fee in an amount not to exceed Five Dollars ($5.00) for services rendered unless otherwise prohibited by law or by rules promulgated by the Secretary of State.
Added by Laws, 2020, ch. 382, HB 1156,§ 5, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-11 - Personal knowledge of or satisfactory evidence of identity of person before notarial officer required

(1)
A notarial officer who takes an acknowledgment of a record, takes a verification of a statement on oath or affirmation (jurat), or witnesses or attests to a signature, must determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing in person before the officer has the identity claimed and that the signature on the record is the signature of the individual.
(2)
A notarial officer who makes or notes a protest of a negotiable instrument must determine the matters set forth in Section
75-3-505(b)
.
Added by Laws, 2020, ch. 382, HB 1156,§ 6, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-13 - Personal knowledge of identity and satisfactory evidence of identity of individual appearing before officer defined

(1)
A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is known personally to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.
(2)
A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual by means of inspecting:
(a)
An unexpired passport, an unexpired driver's license or a driver's license that has not been expired for more than five (5) years, a government-issued nondriver identification card, a Mississippi voter ID card or an unexpired photographic identification card issued by a federally recognized Indian tribe or nation; or
(b)
Another form of government identification issued to an individual which is not expired, contains the signature and a photograph of the individual, and is satisfactory to the officer.
(3)
A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual.
Added by Laws, 2020, ch. 382, HB 1156,§ 7, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-15 - Physical presence required for person making statement in or executing signature on record

If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature must appear physically in person before the notarial officer at the time of the notarial act.
Added by Laws, 2020, ch. 382, HB 1156,§ 8, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-17 - Refusal by notarial officer to perform notarial act

(1)
A notarial officer may refuse to perform a notarial act if the officer knows or suspects the transaction is illegal, false or deceptive, or if the officer is not satisfied that:
(a)
The individual executing the record is competent;
(b)
The individual executing the record has the capacity to execute the record;
(c)
The individual's signature is knowingly and voluntarily made; or
(d)
The notarial act is in compliance with this chapter or with rules issued by the Secretary of State to implement this chapter.
(2)
A notarial officer may refuse to perform a notarial act unless refusal is prohibited by any law other than this chapter.
(3)
A notary may not be required to perform a notarial act outside the notary's regular workplace or business hours.
Added by Laws, 2020, ch. 382, HB 1156,§ 9, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-19 - Individual physically unable to sign a record may direct another to sign on individual's behalf

If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual's name on the record. The notarial officer shall insert "Signature affixed by (name of other individual) at the direction of (name of individual)" or words of similar import.
Added by Laws, 2020, ch. 382, HB 1156,§ 10, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-21 - Persons who may perform notarial acts

(1)
A notarial act may be performed in this state by:
(a)
A notary public of this state;
(b)
An elected judge, a clerk or deputy clerk of a court of this state; or
(c)
The Mississippi Secretary of State or a Mississippi Assistant Secretary of State.
(2)
The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(3)
The signature and title of a notarial officer described in subsection (1) conclusively establish the authority of the officer to perform the notarial act.
Added by Laws, 2020, ch. 382, HB 1156,§ 11, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-23 - Effect of notarial act performed in another state

(1)
A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by:
(a)
A notary public of that state;
(b)
A judge, a clerk or a deputy clerk of a court of that state; or
(c)
Any other individual authorized by the law of that state to perform the notarial act.
(2)
The signature and title of an individual performing a notarial act in another state is prima facie evidence that the signature is genuine and that the individual holds the designated title.
(3)
The signature and title of a notarial officer described in subsection (1)(a) or (b) conclusively establish the authority of the officer to perform the notarial act.
Added by Laws, 2020, ch. 382, HB 1156,§ 12, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-25 - Effect of notarial act performed under authority and in jurisdiction of federally recognized Indian tribe

(1)
A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect under the laws of this state as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed by:
(a)
A notary public authorized by the tribe;
(b)
A judge, a clerk or a deputy clerk of a court of that tribe; or
(c)
Any other individual authorized by the law of the tribe to perform the notarial act.
(2)
The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe is prima facie evidence that the signature is genuine and that the individual holds the designated title.
(3)
The signature and title of a notarial officer described in subsection (1)(a) or (b) conclusively establish the authority of the officer to perform the notarial act.
Added by Laws, 2020, ch. 382, HB 1156,§ 13, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-27 - Effect of notarial act performed under federal law

(1)
A notarial act performed under federal law has the same effect under the laws of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by:
(a)
A judge, clerk or deputy clerk of a court;
(b)
An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;
(c)
An individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas; or
(d)
Any other individual authorized by federal law to perform the notarial act.
(2)
The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(3)
The signature and title of an officer described in subsection (1)(a), (b) or (c) conclusively establish the authority of the officer to perform the notarial act.
Added by Laws, 2020, ch. 382, HB 1156,§ 14, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-29 - Effect of notarial act performed under authority and in jurisdiction of foreign state

(1)
In this section, "foreign state" means a government other than the United States, a state of the United States or a federally recognized Indian tribe.
(2)
If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as though performed by a notarial officer of this state.
(3)
If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is established conclusively.
(4)
The signature and official seal of an individual holding an office described in subsection (3) are prima facie evidence that the signature is genuine and the individual holds the designated title.
(5)
An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
(6)
A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
Added by Laws, 2020, ch. 382, HB 1156,§ 15, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-33 - Official notary public seal to be procured by every commissioned notary public and provided by every county board of supervisors; destruction of seal upon death or adjudication of incompetency of notary public

(1)
Every notary public appointed and commissioned must procure, at his own expense, a suitable official seal. The official seal of a notary public must:
(a)
Include the notary public's name, jurisdiction, commission expiration date and other information required by the Secretary of State; and
(b)
Be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated.
(2)
The board of supervisors of every county must provide an official seal, with the inscription "notary public" around the margin and the image of an eagle in the center, which official seal must be kept in the office of the clerk of the circuit court. A judge, chancellor, clerk or deputy clerk of a court of this state, the Mississippi Secretary of State or an Assistant Secretary of State of this state may use the official seal to perform a notarial act under Section
25-34-21(1)(b) or (c)
.
(3)
On the death or adjudication of incompetency of a current or former notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the official seal shall destroy or deface, as soon as reasonably practicable, all official seals of the notary public so that they may not be misused.
Added by Laws, 2020, ch. 382, HB 1156,§ 17, eff. 7/1/2021.