MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Fees and Salaries of Public Officers

By: Representative Weathersby

AN ACT TO AMEND SECTION 25-7-27, MISSISSIPPI CODE OF 1972, TO INCREASE THE MILEAGE REIMBURSEMENT RATE FOR CONSTABLES TRANSPORTING PERSONS CHARGED WITH A CRIME TO JAIL AND TO ESTABLISH A FEE FOR SERVING SUBPOENAS ON WITNESSES; TO AMEND SECTION 11-9-107, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT THAT THE CLERK OF THE JUSTICE COURT DIRECT SERVICE OF PROCESS TO THE SHERIFF WHEN PROCESS HAS NOT BEEN RETURNED BY A CONSTABLE IN TEN WORKING DAYS; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 25-7-27, Mississippi Code of 1972, is amended as follows:

25-7-27. (1) Marshals and constables shall charge the following fees:

(a) A uniform total fee in all cases, civil and criminal, whether contested or uncontested, which shall include all services in connection therewith, except as hereinafter stated, each $ 25.00

 * * * However, * * * in all cases where there is more than one (1) defendant, for service on each additional

defendant $ 5.00

(b) For serving subpoenas on witnesses,

each . . . . . . . . . . . . . . . . . . . . . . . . . .$ 25.00

(c)  * * * However, * * * after final judgment has been enrolled, further proceedings involving levy of execution on judgments, and attachment and garnishment proceedings shall be a new suit for which the marshal or constable shall be entitled to the following fee $ 15.00

(d) Conveying a person charged with a crime to jail, each mile $ .31

To be paid out of the county treasury on the allowance of the board of supervisors, when the state fails in the prosecution, or the person is convicted but is not able to pay the costs.

(e) For other service, the same fees allowed sheriffs for similar services.

(f) For service as a bailiff in any court in a civil case, to be paid by the county on allowances of the court on issuance of a warrant therefor, an amount equal to the per diem compensation provided under Section 25-3-69 for each day, or part thereof, for which he serves as bailiff when the court is in session.

(g) For serving all warrants and other process, attending all trials in state cases in which the state fails in the prosecution, to be paid out of the county treasury on the allowance of the board of supervisors without itemization, subject, however, to the condition that the marshal or constable must not have overcharged in the collection of fees for costs, contrary to the provisions of this section, annually not to exceed $1,000.00

(2) Marshals and constables shall be paid all uncollected fees levied under subsection (1) of this section in full from the first proceeds received by the court from the guilty party or from any other source of payment in connection with the case.

(3) In addition to the fees authorized to be paid to a constable under subsection (1) of this section, a constable may receive payments for collecting delinquent criminal fines in justice court pursuant to the provisions of Section 19-3-41(3). this subsection shall stand repealed from and after July 1, 1998.

SECTION 2. Section 11-9-107, Mississippi Code of 1972, is amended as follows:

11-9-107. When any process has not been returned by a constable within ten (10) working days after issuance by the clerk of the justice court, the clerk may direct the sheriff of his county and his deputies to execute any such process of the justice court.  * * * The sheriff and his deputies shall execute any process so directed to him by any clerk of the justice court.

SECTION 3. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 4. This act shall take effect and be in force from and after October 1, 1998, if it is effectuated on or before that date under Section 5 of the Voting Rights Act of 1965, as amended and extended. If it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, after October 1, 1998, this act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.