MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Judiciary, Division B; Appropriations

By: Senator(s) Wiggins, Simmons (12th)

Senate Bill 2237

AN ACT TO AMEND SECTION 99-15-17, MISSISSIPPI CODE OF 1972, TO INCREASE THE STATUTORY CAP FOR THE AMOUNT OF COMPENSATION AVAILABLE FOR APPOINTED COUNSEL FOR INDIGENT DEFENDANTS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 99-15-17, Mississippi Code of 1972, is amended as follows:

     99-15-17.  The compensation for counsel for indigents appointed as provided in Section 99-15-15, shall be approved and allowed by the appropriate judge and in any one (1) case may not exceed * * * One Thousand Dollars ($1,000.00) Five Thousand Dollars ($5,000.00) for representation in circuit court whether on appeal or originating in said court.  Provided, however, if said case is not appealed to or does not originate in a court of record, the maximum compensation shall not exceed * * * Two Hundred Dollars ($200.00) One Thousand Dollars ($1,000.00) for any one (1) case, the amount of such compensation to be approved by a judge of the chancery court, county court or circuit court in the county where the case arises.  Provided, however, in a capital case two (2) attorneys may be appointed, and the compensation may not exceed * * * Two Thousand Dollars ($2,000.00) Fifteen Thousand Dollars ($15,000.00) per case.  If the case is appealed to the state supreme court by counsel appointed by the judge, the allowable fee for services on appeal shall not exceed * * * One Thousand Dollars ($1,000.00) Five Thousand Dollars ($5,000.00) per case.  In addition, the judge shall allow reimbursement of actual expenses.  The attorney or attorneys so appointed shall itemize the time spent in defending said indigents together with an itemized statement of expenses of such defense, and shall present same to the appropriate judge.  The fees and expenses as allowed by the appropriate judge shall be paid by the county treasurer out of the general fund of the county in which the prosecution was commenced.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2023.