MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Judiciary, Division B

By: Senator(s) Wiggins

Senate Bill 2375

AN ACT TO AMEND SECTION 19-23-17, MISSISSIPPI CODE OF 1972, TO AUTHORIZE JUSTICE COURT JUDGES UNDER CERTAIN CIRCUMSTANCES TO SANCTION COUNTY ATTORNEYS FOR FAILING TO APPEAR IN COURT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 19-23-17, Mississippi Code of 1972, is amended as follows:

     19-23-17.  (1)  The justice court judges of the county shall confer with the county prosecuting attorney as to the date of holding their respective courts, and by mutual arrangements, shall hold their courts as far apart as possible, so as to enable the county prosecuting attorney to attend their courts when necessary.

     (2)  A justice court judge may sanction a county prosecuting attorney Fifty Dollars ($50.00) for not appearing in the judge's court when scheduled if the county prosecuting attorney:

          (a)  Had sufficient notice of the court date as described in subsection (1) of this section; and

          (b)  Failed to give the justice court judge via motion, letter or electronic means reasonable notice of his or her absence.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2021.