MISSISSIPPI LEGISLATURE

2002 Regular Session

To: Judiciary A

By: Representative Reeves

House Bill 1545

AN ACT TO AMEND SECTIONS 7-5-1 AND 19-19-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE ATTORNEY GENERAL SHALL HEAR AND ADDRESS ALL COMPLAINTS FILED AGAINST CONSTABLES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 7-5-1, Mississippi Code of 1972, is amended as follows:

     7-5-1.  The Attorney General provided for by Section 173 of the Mississippi Constitution shall be elected at the same time and in the same manner as the Governor is elected.  His term of office shall be four (4) years and his compensation shall be fixed by the Legislature.  He shall be the chief legal officer and advisor for the state, both civil and criminal, and is charged with managing all litigation on behalf of the state.  No arm or agency of the state government shall bring or defend a suit against another such arm or agency without prior written approval of the Attorney General.  He shall have the powers of the Attorney General at common law and is given the sole power to bring or defend a lawsuit on behalf of a state agency, the subject matter of which is of statewide interest, and he shall intervene and argue the constitutionality of any statute when notified of a challenge thereto, pursuant to the Mississippi Rules of Civil Procedure.  He shall hear and address all complaints filed against constables and he is authorized to promulgate any necessary rules and regulations to perform this function.  His qualifications for office shall be as provided for chancery and circuit judges in Section 154 of the Mississippi Constitution.

     SECTION 2.  Section 19-19-15, Mississippi Code of 1972, is amended as follows:

     19-19-15.  A constable who shall fail to discharge any of the duties required of him shall be disciplined by the Attorney General and, shall be liable to be fined, as for a contempt, not exceeding Fifty Dollars ($50.00) by the justice of the peace before whom the proceedings may be pending.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2002.