House Bill 1390

(As Passed the House)

AN ACT TO AMEND SECTION 25-31-21, MISSISSIPPI CODE OF 1972, TO PROVIDE PROCEDURES FOR RECUSAL BY ATTORNEYS FOR PURPOSES OF IMPANELING A GRAND JURY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-31-21, Mississippi Code of 1972, is amended as follows:

25-31-21. (1) If, at the time of impaneling the grand jury in any circuit court, the district attorney be absent or unable to perform his duties or, if after impaneling of the grand jury, the district attorney be absent or unable to perform his duties or be disqualified, the court shall forthwith appoint some attorney at law to act for the state in the place of the district attorney during his absence or inability or disqualification, and the person appointed shall have the power to discharge all the duties of the office during the absence or inability or disqualification of the district attorney, and shall receive a reasonable compensation for his services, to be allowed by the court and certified to the auditor, who shall issue his warrant therefor. Such allowance shall be deducted from the salary of the district attorney, and shall not exceed the amount of the salary of the district attorney for the number of days allotted by law for the term of the court at which such appointees shall act.

(2) The provisions of this section shall not be construed to include and shall not be applicable if a district attorney recuses himself from a case or has a conflict of interest with a case, without regard to whether the case has been presented to the grand jury before such recusal or whether the case had not yet been presented to the grand jury.

(3) When the appointed attorney is required to travel beyond the limits of the judicial district in which he or she is normally employed, all reasonable expenses incurred in prosecuting the case shall be borne by the judicial district of the district attorney being assisted in the discharge of his or her duties, if not already compensated by the state.

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