MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Judiciary B

By: Representative Horan

House Bill 1089

(As Passed the House)

AN ACT TO AMEND SECTION 99-15-17, MISSISSIPPI CODE OF 1972, TO INCREASE COMPENSATION FOR COUNSEL APPOINTED TO INDIGENTS; 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.  (1)  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) Ten Thousand Dollars ($10,000.00) 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.

     (2)  The provisions of this section shall stand repealed on July 1, 2027.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2024.