MANUAL FOR MISSISSIPPI JUSTICE COURTS

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MANUAL FORMISSISSIPPIJUSTICE COURTS2020(Click here to go to the Contents page)(Updated July 1, 2020)Copyright 2020, Mississippi Judicial College,University of Mississippi, University, Mississippi 38677

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UNIVERSITY OF MISSISSIPPI SCHOOL OF LAWDEANSusan DuncanMISSISSIPPI JUDICIAL COLLEGEBOARD OF GOVERNORSChancellor Cynthia Brewer, Chancery Court, ChairJudge Virginia Carlton, Mississippi Court of AppealsJudge William “Tony” Boykin, Justice CourtJustice Robert Chamberlin, Mississippi Supreme CourtBill Benson, Constituent Advisory Committee RepresentativeJudge Bill Halford, Municipal CourtJudge Ed Hannan, County CourtJudge Betty Sanders, Senior Status JudgeJudge Michael Taylor, Circuit CourtDIRECTORRandy PierceADDRESSMississippi Judicial CollegePost Office Box 1848University, MS 38677TELEPHONE AND FACSIMILETelephone: (662) 915-5955Fax: (662) 915-7845

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USER’S GUIDE TOTHE MANUAL FOR MISSISSIPPI JUSTICE COURTSYour manual is easy to use.CCCCThe Contents page lists the specific chapters.Each topic within a chapter has its own section number.Each section number is linked to the text.Some topics include subheadings.Section numbers identify both the chapter and the sequential order of the topic.For example:1411INITIAL APPEARANCESThe “14" is Chapter 14, while the “11" is the sequential order of the topic “Initialappearances.”Some topics will include subheadings and applicable rule or statutory provisions.Please note that only those portions of a rule or statute that pertain to the subheading are actuallyquoted in the text. Lastly, some common abbreviations used throughout the text include:“RJC” means the Rules of Justice Court.“MRCrP” means the Mississippi Rules of Criminal Procedure.“MRE” means the Mississippi Rules of Evidence.“URCCC” means the Uniform Rules of Circuit and County Court.“U.R.Y.C.P.” means the Uniform Rules of Youth Court Practice.“Canon” means a Canon of the Code of Judicial Conduct.Any suggestions that you may have to further improve the style, format, or content of the manualshould be addressed to:E-mail: charlton@olemiss.eduFAX: 662-915-7845Telephone (with voice mail): 662-915-1249This manual is intended as a reference to the law rather than as a substitute for the actualmaterials cited. To ensure lawful compliance of the law always refer to the most recentpublications of rules, statutes, cases, etc.

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CONTENTS1.RESOURCES2.JUSTICE COURT JUDGE3.JUSTICE COURT CLERK4.CIVIL ACTIONS5.ENFORCING CIVIL JUDGMENTS6.LANDLORD AND TENANT7.PROTECTION FROM DOMESTIC ABUSE8.REPLEVIN9.CIVIL TRESPASSES10.WARRANTS11.EXCEPTIONS TO THE WARRANT REQUIREMENT12.CONFESSIONS13.RELEASE14.CRIMINAL CASES15.SENTENCING16.ENFORCING CRIMINAL JUDGMENTS17.DUI18.RULES OF THE ROAD19.FINANCIAL RESPONSIBILITY, PASSENGER SAFETY, AND EQUIPMENT20.TRAFFIC VIOLATIONS PROCEDURES21.DOMESTIC VIOLENCE, ASSAULTS AND DISTURBANCES22.SHOPLIFTING

23.BAD CHECKS24.DRUG OFFENSES25.CRIMINAL TRESPASSES26.JURY TRIALS27.CONTEMPT OF COURT28.EVIDENCE29.INTERPRETERS30.PRO SE DEFENDANTS31.VICTIMS’ RIGHTS32.JUSTICE COURT APPEALSAPPENDIX: BENCH CARDS

CHAPTER 1RESOURCES100MISSISSIPPI LAWSMississippi Code of 1972Mississippi Rules of CourtCase law101WEBSITES

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100MISSISSIPPI LAWSMississippi Code of 1972:The Mississippi Code of 1972 contains: United States Constitution,Mississippi Constitution,Mississippi statutes, andindexes and statutory tables.The statutes are organized into titles (major subject areas), chapters (specific subjects),and sections (actual language of statute). For example, in § 9-11-7: 9 is the title“Courts”, -11 is the chapter “Justice Courts”, and -7 is the section “Oath and bond.”Mississippi Rules of Court:The Mississippi Rules of Court contains rules governing judicial procedures and conduct,such as: Rules of Justice CourtMississippi Rules of Criminal ProcedureRules of EvidenceCode of Judicial ConductRules and Regulations for Mandatory Continuing Judicial Education.Case law:The Mississippi Supreme Court and the Mississippi Court of Appeals decide casesappealed to them from lower courts. Published opinions of these cases are precedent ininterpreting the constitutionality, application and language of the Rules and statutes. SeeRules of Appellate Procedure, Rule 35-A and 35-B (written opinions and entry ofjudgment).

101WEBSITESMississippi Attorney General: http://www.ago.state.ms.us/Mississippi Bar: http://www.msbar.org/Mississippi Department of Archives and History: http://www.mdah.state.ms.us.Mississippi Judicial College: http://mjc.olemiss.edu/Mississippi Judiciary: http://courts.ms.gov/Mississippi Legislature: http://www.legislature.ms.gov/

CHAPTER 2JUSTICE COURT JUDGE200QUALIFICATIONS, OATH, AND BONDQualificationsOath of officeJudge to give bondJudge may take oaths201TRAINING AND EDUCATIONAL REQUIREMENTSRequired training and examinationPenalty for noncomplianceExamination exclusionBasic and continuing education coursesMinimum competency examination202JUDGE LEAVING OFFICE OR DYINGFilling a vacancyCase record and papers delivered to clerk203IF UNABLE TO SERVE BECAUSE OF SUSPENSION OR SICKNESSBoard to appoint another judgeCompensating appointed judge204DISQUALIFICATIONNo affinity or consanguinity to partiesNo pecuniary interest in outcomeWhen disqualification is properRemitting a disqualificationRecusal of judges205SEPARATION OF POWERSPowers of governmentEncroachment of powerViolations206JUDICIAL IMMUNITY

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200QUALIFICATIONS, OATH, AND BONDArt. 6 § 171Qualifications:A competent number of justice court judges and constables shall be chosen in eachcounty in the manner provided by law, but not less than two (2) such judges in anycounty, who shall hold their office for the term of four (4) years. Each justice court judgeshall have resided two (2) years in the county next preceding his selection and shall behigh school graduate or have a general equivalency diploma unless he shall have servedas a [justice court judge] or been elected to the office of [justice court judge] prior toJanuary 1, 1976. All persons elected to the office of [justice court judge] in November,1975, shall take office in January, 1976, as justice court judges.See also Miss. Code Ann. § 9-11-2 (Number of justice court judges).Art. 6 § 155Oath of office:The judges of the several courts of this state shall, before they proceed to execute theduties of their respective offices, take the following oath or affirmation, to-wit: “I,, solemnly swear (or affirm) that I will administer justice without respect topersons, and do equal right to the poor and to the rich, and that I will faithfully andimpartially discharge and perform all the duties incumbent upon me asaccording to the best of my ability and understanding, agreeably to the Constitution of theUnited States and the Constitution and laws of the state of Mississippi. So help me God.”§ 9-11-7Judge to give bond:Every person elected a justice court judge shall, before he enters on the duties of theoffice, take the oath of office prescribed by Section 155 of the Constitution, and givebond, with sufficient surety, to be payable, conditioned and approved as provided by lawand in the same manner as other county officers, in a penalty not less than Fifty ThousandDollars ( 50,000.00); and any party interested may proceed on such bond in a summaryway, by motion in any court having jurisdiction of the same, against the principal andsurety, upon giving five (5) days' previous notice.§ 11-1-1 Judge may take oaths:A judge of any court of record, clerk of such court, . . . justice court judge, . . . mayadminister oaths and take and certify affidavits whenever the same may be necessary orproper in a proceeding in any court or under any law of this state, or for the purpose oftaking depositions of any party of interest, or witnesses of any suit pending before anysuch court, or for the perpetuation of testimony, as provided in Section 13-1-57,Mississippi Code of 1972.

201TRAINING AND EDUCATIONAL REQUIREMENTS§ 9-11-3Required training and examination:(1) Except as otherwise provided herein, no justice court judge elected for a full term ofoffice commencing on or after January 1, 2012, shall exercise the judicial functions of hisoffice or be eligible to take the oath of office until he has filed in the office of thechancery clerk the following two (2) certifications: (a) a certificate of completion of acourse of training and education conducted by the Mississippi Judicial College of theUniversity of Mississippi Law Center; and (b) a certificate of successful completion of aminimum competency examination administered by the Mississippi Judicial College ofthe University of Mississippi Law Center within six (6) months of the beginning of theterm for which such justice is elected. A justice court judge who has completed the courseof training and education, passed the minimum competency examination, and hassatisfied his annual continuing education course requirements, and who is then elected fora succeeding term of office subsequent to the initial term for which he completed thetraining course, shall not be required to repeat the basic training and education courseupon reelection but shall be subject to the continuing education requirements.(2) In addition to meeting the requirements of subsection (1) of this section, after takingoffice, each justice court judge shall be required to file annually in the office of thechancery clerk a certificate of completion of a course of continuing education conductedby the Mississippi Judicial College.(3) The requirements for obtaining each of the certificates in subsections (1) and (2) ofthis section shall be as provided in Section 9-11-4.§ 9-11-3Penalty for noncompliance:(4) Upon the failure of any justice court judge to file with the chancery clerk thecertificates of completion as provided in subsections (1) and (2) of this section, suchjustice court judge shall, in addition to any other fine or punishment provided by law forsuch conduct, not be entitled to compensation for the period of time during which suchcertificates remain unfiled. If a justice court judge has not filed the required certificationswithin eight (8) months of the inception of the term, that justice court judge shall forfeithis office, his position shall be declared vacant, and the resulting vacancy shall be filledas provided by Section 23-15-839.§ 9-11-3Examination exclusion:(5) The competency examination requirements in Sections 9-11-3 and 9-11-4 shall notapply to any sitting justice court judges as of July 24, 2008.

§ 9-11-4Basic and continuing education courses:(1)(a) The Mississippi Judicial College of the University of Mississippi Law Center shallprepare and conduct courses of training for basic and continuing education for justicecourt judges of this state. The basic course of training shall be known as the “JusticeCourt Judge Training Course” and shall consist of eighty (80) hours of training. Thecontinuing education course shall be known as the “Continuing Education Course forJustice Court Judges,” and shall consist of twenty-four (24) hours of training. Thecontent of the basic and continuing education courses and when and where such coursesare to be conducted shall be determined by the Judicial College. The Judicial Collegeshall issue certificates of completion to those justice court judges who complete suchcourses.§ 9-11-4Minimum competency examination:(1)(b) The Mississippi Judicial College of the University of Mississippi Law Center shallprepare and administer a minimum competency examination, as approved by theMississippi Supreme Court, upon completion of the required basic course of training forjustice court judges. If an elected justice court judge fails to complete the examination orfails the examination, there shall be a remedial twenty-four-hour course to be followed bya second opportunity for the justice court judge to achieve a passing score on theminimum competency examination.(3) The competency examination requirements in Sections 9-11-3 and 9-11-4 shall notapply to any sitting justice court judge as of July 24, 2008.202JUDGE LEAVING OFFICE OR DYING§ 23-15-839Filling a vacancy:(1) When a vacancy shall occur in any county or county district office, the same shall befilled by appointment by the board of supervisors of the county, by order entered upon itsminutes, where the vacancy occurs, or by appointment of the president of the board ofsupervisors, by and with the consent of the majority of the board of supervisors, if suchvacancy occurs when said board is not in session, and the clerk of the board shall certifyto the Secretary of State the fact of the appointment, and the person so appointed shall becommissioned by the Governor; and if the unexpired term be longer than six (6) months,such appointee shall serve until a successor is elected as hereinafter provided, unless theregular special election day on which the vacancy should be filled occurs in a year inwhich an election would normally be held for that office as provided by law, in whichcase the person so appointed shall serve the unexpired portion of the term. Suchvacancies shall be filled for the unexpired term by the qualified electors at the nextregular special election day occurring more than ninety (90) days after the occurrence of

the vacancy. The board of supervisors of the county shall, within ten (10) days after thehappening of the vacancy, make an order, in writing, directed to the commissioners ofelection, commanding an election to be held on the next regular special election day to fillthe vacancy. The election commissioners shall require each candidate to qualify at leastsixty (60) days before the date of the election, and shall give a certificate of election to theperson elected, and shall return to the Secretary of State a copy of the order of holding theelection, showing the results thereof, certified by the clerk of the board of supervisors.The person elected shall be commissioned by the Governor.(2) In any election ordered pursuant to this section where only one (1) person shall havequalified with the commissioners of election to be a candidate within the time providedby law, the commissioners of election shall certify to the board of supervisors that there isbut one (1) candidate. Thereupon, the board of supervisors shall dispense with theelection and shall appoint the candidate so certified to fill the unexpired term. The clerkof the board shall certify to the Secretary of State the candidate so appointed to serve insaid office and that candidate shall be commissioned by the Governor. In the event that noperson shall have qualified by 5:00 p.m. sixty (60) days prior to the date of the election,the commissioners of election shall certify that fact to the board of supervisors whichshall dispense with the election and fill the vacancy by appointment. The clerk of theboard of supervisors shall certify to the Secretary of State the fact of the appointment, andthe person so appointed shall be commissioned by the Governor.Mississippi Attorney General’s opinions:Filling vacancy when justice court judge resigns.“[When] a justice court judge resigns, the vacancy should be filled in accordance withMississippi Code Annotated Section 23-15-839 (Supp. 1996). Mississippi Codeannotated Section 9-11-31 is to be used only when the justice court judge’s office istemporarily vacant due to suspension or disability.” Op. Atty. Gen. Sherard, Jan. 17,1997).§ 9-11-25Case record and papers delivered to clerk:Every justice court judge whose term of office expires, or who resigns, removes from thecounty, or otherwise goes out of office, and the legal representative and next of kin ofevery justice court judge who dies, shall, within ten (10) days thereafter, deliver his caserecord, with all process and papers and books of statutes relating to his office, to the clerkof the justice court of the county.

203IF UNABLE TO SERVE BECAUSE OF SUSPENSION OR SICKNESS§ 9-11-31Board to appoint another judge:(1) When any justice court judge is unable, by reason of being under any suspension bythe Commission on Judicial Performance or the Mississippi Supreme Court, or by reasonof sickness or other disability, to attend and hold court at the time and place required bylaw to do so for a period of time in excess of thirty (30) consecutive days, and due to suchinability to attend and hold court there is no judge to hold court in such county, the boardof supervisors of the county in which such judge serves shall appoint another justice courtjudge of the county or an adjoining county or a municipal court judge to attend and holdsaid court and perform all the duties of such judge during such suspension or disability.§ 9-11-31Compensating appointed judge:(2) Any presently sitting justice court judge appointed pursuant to subsection (1) of thissection shall receive no additional compensation for his or her service. Any other personso appointed shall, for the period of his service, receive compensation from the county foreach day's service a sum equal to 1/260 ths of the current salary in effect for justice courtjudges.Mississippi Attorney General’s opinions:Compensation to be paid.“The statute is very specific that the compensation for each day's service (days or parts ofdays worked) is equal to 1/260th of the current salary being paid justice court judges inAlcorn County. The statute does not authorize payment for “being available”. Theappointed judge must do some court related activity (service) in order to be paid for theday's service.” Op. Atty. Gen. Krohn, November 28, 2011.204DISQUALIFICATIONArt. 6 § 171No affinity or consanguinity to parties:[N]o justice court judge shall preside at the trial of any cause where he may be interested,or the parties or either of them shall be connected with him by affinity or consanguinity,except by the consent of the justice court judge and of the parties.§ 9-11-9No pecuniary interest in outcome:The justice court judges shall have no pecuniary interest in the outcome of any actiononce suit has been filed.

Canon 3EWhen disqualification is proper:(1) Judges should disqualify themselves in proceedings in which their impartiality mightbe questioned by a reasonable person knowing all the circumstances or for other groundsprovided in the Code of Judicial Conduct or otherwise as provided by law, including butnot limited to instances where:(a) the judge has a personal bias or prejudice concerning a party, or personal knowledgeof disputed evidentiary facts concerning the proceeding;(b) the judge served as lawyer in the matter in controversy, or a lawyer with whom thejudge previously practiced law served during such association as a lawyer concerning thematter, or the judge or such lawyer has been a material witness concerning it;(c) the judge knows that the judge, individually or as a fiduciary, or the judge's spouse ormember of the judge's family residing in the judge's household, has a financial interest inthe subject matter in controversy or in a party to the proceeding, or any other interest thatcould be substantially affected by the outcome of the proceeding;(d) the judge or the judge's spouse, or a person within the third degree of relationship toeither of them, or the spouse of such a person:(i) is a party to the proceeding, or an officer, director, or trustee of a party;(ii) is acting as a lawyer in the proceeding;(iii) is known by the judge to have an interest that could be substantially affected by theoutcome of the proceeding;(iv) is to the judge's knowledge likely to be a material witness in the proceeding;(2) Recusal of Judges from Lawsuits Involving Major Donors. A party may file a motionto recuse a judge based on the fact that an opposing party or counsel of record for thatparty is a major donor to the election campaign of such judge. Such motions will be filed,considered and subject to appellate review as provided for

way, by motion in any court having jurisdiction of the same, against the principal and surety, upon giving five (5) days' previous notice. § 11-1-1 Judge may take oaths: A judge of any court of record, clerk of such court, . . . justice court judge, . . . may administer oaths and take and certify affidavits whenever the same may be necessary or

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