MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary, Division B; Appropriations
By: Senator(s) Wiggins, Simmons (12th)
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 * * * 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 * * * 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 * * * 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 * * * 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.