Mississippi Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Mississippi, with full citations and the original source on every page.
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Can a Mississippi city license its logo to a private company in exchange for fees per customer the company signs up?
A Mississippi city has authority under home rule to enter a non-exclusive agreement letting a private company use city branding in exchange for payment, but only if it serves a proper municipal purpos…
Can a Mississippi district attorney investigate and rule on the merits of misdemeanor affidavits filed in justice court?
No. The 2021 opinion concluded that Mississippi district attorneys do not have authority to investigate and make merits findings on misdemeanor affidavits filed in justice court. That authority rests …
When does a Mississippi justice court lose jurisdiction over a felony case it has been handling preliminarily?
A Mississippi justice court loses jurisdiction over a felony charge when the defendant is bound over to the grand jury or waives the preliminary hearing. Until then, the justice court keeps jurisdicti…
Can a Mississippi county pay for or reimburse a county supervisor's home internet service so they can do county business from home?
Conditionally yes. The 2021 opinion concluded that a Mississippi county cannot pay for or reimburse a supervisor's home broadband unless the board finds, consistent with the facts and entered on the m…
What population threshold determines whether a Mississippi city must appoint a municipal judge who lives in the same county?
The 2021 census applies once finalized. Cities with 20,000 or more residents must appoint a municipal judge who is both an attorney and a qualified elector of the county where the city is located. Cit…
Is Mississippi's law requiring county election commissioners to pass a skills test after election unconstitutional under Article 12, Section 250?
Statutes passed by the Mississippi Legislature are presumed constitutional until a court of competent jurisdiction holds otherwise. The AG declined to opine on whether Section 23-15-213(1)'s skills-as…
In a Mississippi code-charter city, can the mayor issue an ordinance, and can the board of aldermen override one if he does?
The board of aldermen has exclusive authority under Section 21-3-15 to adopt ordinances (including resolutions and orders) in a Mississippi code-charter municipality. A mayor's attempt to issue an ord…
Can a Mississippi school superintendent close schools without first getting approval from the school board, even in an emergency?
No. The 2021 opinion concluded that a Mississippi school superintendent cannot close schools without first being authorized by the school board. The closure statutes (Sections 37-13-64 for weather and…
If a Mississippi statute lets the police mail notice for unpaid traffic fines but a Supreme Court rule requires personal service, which one wins?
The court rule controls. Mississippi Rule of Criminal Procedure 26.6(d) requires personal service of a summons before a court can issue an arrest warrant for unpaid fines. Section 63-1-53(1) authorize…
Can a Mississippi county board of supervisors give just one hour of notice for a special meeting under the Open Meetings Act, or do they have to follow the longer five-day requirement in the supervisors' statute?
No. The 2021 opinion concluded that the one-hour posting under Section 25-41-13(1) is supplemental to, not a substitute for, the five-day publication required by Section 19-3-19. Boards of supervisors…
Are first responders who die from COVID-19 contracted on duty eligible for Mississippi's $100,000 line-of-duty death benefit?
Yes. The 2021 opinion concluded that COVID-19 deaths fall within the 'covered cause of death' definition in Mississippi's first responder death-benefits statute (Section 45-2-1). The Mississippi statu…
If a Mississippi city employee's brother gets elected to the city council, can the employee still be promoted, and can a board fix a nepotism mistake with a nunc pro tunc minute entry?
No to promotion, generally. Mississippi's nepotism statute (Section 25-1-53) lets an employee keep an existing covered position when a relative becomes the appointing authority, but does not let the e…
When a Mississippi municipality buys taxable land, who pays the year's property taxes, and can the county forgive them?
The 2021 opinion concluded: (1) A Mississippi municipality may, as part of its purchase agreement, agree to pay current-year ad valorem taxes, but cannot assume the seller's tax liability. The seller …
Can a Mississippi city's recreation department give participants free arts/crafts and run after-school programs without charging fees?
Yes. The 2021 opinion concluded that Mississippi cities have broad authority to fund recreation department programs with public funds, providing free arts and crafts supplies, after-school activities,…
Can a Mississippi school board member also serve on a joint airport board, or does the separation of powers prohibit it?
Yes. The 2021 opinion concluded that simultaneous service on a Mississippi public school board and a joint airport board does not violate the separation of powers doctrine. Both boards exercise execut…
Can a Mississippi school district reclassify Sixteenth Section land from commercial to residential during an existing 25-year lease, when the lessee wants to live there?
Yes. The 2021 opinion concluded that a Mississippi school board may reclassify Sixteenth Section land from commercial to residential during an existing lease, provided (1) the tract qualifies under th…
Can a Mississippi school district reclassify Sixteenth Section land and lease it to the city as a rubbish (yard waste) site?
The 2021 opinion concluded that a Mississippi school board has authority to reclassify Sixteenth Section land when conditions change, but reclassification must be based on the highest and best use for…
Can a Mississippi city accept land instead of cash to settle a special assessment debt the property owner owes?
Yes. The 2021 opinion concluded that under municipal home rule, a Mississippi city can accept real property in lieu of cash payment to satisfy a special-assessment debt, as long as the property is acq…
How many times must a Mississippi county advertise an ordinance, and can it post a shortened version online instead of the full text in the newspaper?
For ordinances not governed by a specific publication statute, Mississippi counties have no minimum number of newspaper runs and can post a shortened version on a county website. But if a particular t…
Can a Mississippi county provide group health insurance to part-time employees or non-salaried employees, and can it pick which employees to cover?
The 2021 opinion concluded that a Mississippi county can provide group health insurance only to employees who (1) work full-time for the county and (2) receive direct compensation from the county. Par…
Can a Mississippi county hire a chamber of commerce to manage a county-owned property and share offices, and does revenue generated have to flow through the county?
On the office-sharing question: yes. The 2021 opinion concluded that nothing prohibits a county and a chamber of commerce from agreeing, in a lawful management agreement, that the county retains offic…
Can a Mississippi school district sell laptop computers (purchased with COVID Equity in Distance Learning Act funds) to graduating seniors?
Yes. The 2021 opinion concluded that a Mississippi school district may sell laptop computers, purchased with grants under the Equity in Distance Learning Act (EDLA), to graduating twelfth graders. The…
Can a Mississippi county board of supervisors add secretarial expenses to the county prosecutor's base salary, raising the retirement and tax base?
No. The 2021 opinion concluded that the county prosecutor's salary (set by Section 25-3-9 based on county population and location) is separate from secretarial expenses paid under that statute or unde…
Does a Mississippi city judge in a city of 10,000 to 20,000 have to be a qualified elector of the county where the city sits?
No. The 2021 opinion concluded that Brookhaven's municipal court judge does not need to be a qualified elector of Lincoln County. Section 21-23-3 generally requires city judges in cities of 10,000+ to…
Can the membership on a Mississippi joint airport board be adjusted when one owner has been paying double the cost?
Yes. The 2021 opinion concluded that the statutes governing joint airport boards (Sections 61-5-33 to 61-5-41) permit revision and amendment of the joint agreement, including the number of board membe…
Can a Mississippi special-charter city's board of mayor and selectmen remove school board trustees mid-term or change school board term lengths by ordinance?
No on both counts. The 2021 opinion concluded that the City of McComb's Board of Mayor and Selectman cannot remove a school board trustee mid-term and cannot adopt an ordinance conflicting with state-…
When a Mississippi statute says "latest available federal census," do you use the prior official census or the new one's preliminary numbers?
The 2021 opinion concluded that until the 2020 census numbers became finalized and official, the official 2010 census numbers were the "latest available federal census" for Section 21-23-3 (governing …
Can a Mississippi school district run a tuition-based 3K (three-year-old) program and a tuition-based after-school program?
Yes. The 2021 opinion confirmed that Mississippi school districts can run a tuition-based program for three-year-olds (3K) under Section 37-7-301(zz), as long as it does not conflict with the Early Le…
Do Mississippi food trucks selling Mississippi-grown beef, poultry, or seafood need a transient vendor license?
Beef, poultry, and seafood produced or grown in Mississippi qualify for the agricultural-products exemption to Mississippi's Transient Vendor Law (Section 75-85-3(1)(i)), so vendors selling those prod…
Can a Mississippi university include a retention bonus in a public university president's employment contract, paid through a private foundation?
The 2021 opinion concluded that the Mississippi Board of Trustees of State Institutions of Higher Learning could include incentive payments (retention bonuses) in university president and chancellor e…
Can a Mississippi IHL Board trustee receive per diem, travel reimbursement, and tort-claims protection while serving before Senate confirmation?
The 2021 opinion concluded that newly appointed IHL Board trustees serving before Senate confirmation could legally receive per diem under § 25-3-69 and travel reimbursements under § 25-3-41(8). They …
Who pays for the postage when Mississippi justice court constables have to mail copies of summons and complaints under the new service rules?
The 2021 opinion concluded that Mississippi constables (not court clerks) are responsible for mailing summons and complaints when Justice Court Rule 14(d)(2) or (d)(3) requires it. The county must pay…
Are unpaid volunteers on a Mississippi state-board advisory panel covered by the Tort Claims Act when they're acting in that role?
Yes. The 2021 opinion concluded that members of the Mississippi Anesthesia Advisory Panel, even though they are unpaid volunteers, fit within Mississippi's Tort Claims Act (MTCA) broad definition of s…
If a Mississippi town adopts misdemeanors as municipal ordinance violations, do state-assessment fees still go to the State?
The 2021 opinion concluded that even when the Town of Caledonia made specified misdemeanors violations of town ordinance, the state assessments under § 99-19-73 still had to be remitted to the State T…
Does a Mississippi county have to pay constables the $2,500 "state fail fee," and how does the board of supervisors decide whether each constable earned it?
The 2021 opinion explained how Mississippi boards of supervisors handle the constable's $2,500 annual "state fail fee" under Section 25-7-27(1)(f). A constable earns the fee only if they served (or di…
Can a Mississippi urban renewal authority loan state-appropriated funds (like Gulf Coast Restoration Fund money) to a private developer for an urban renewal project?
Yes. The 2021 opinion concluded that under Section 43-35-15(e) read with (f), a Mississippi urban renewal authority can loan state-appropriated money, including Gulf Coast Restoration Fund (GCRF) doll…
Can a Mississippi school district spend public money to fix up school property and then give that property to a nonprofit?
No. The 2021 opinion concluded that a Mississippi school district cannot use public funds to improve school district property if the purpose of those improvements is to ultimately convey the property …
If a Mississippi statute has been ruled unconstitutional, must justice court clerks still accept criminal affidavits citing that statute?
Yes. The 2021 opinion concluded that justice court clerks must accept and record every criminal affidavit submitted by a complainant, including affidavits citing the cyberstalking statute (Section 97-…
When a Mississippi subdivision plat dedicates roads "to public use" and the city approves it, are those roads public even if the city never formally accepted them?
Yes. The 2021 opinion concluded that under Section 21-19-63, when a Mississippi municipality approves a subdivision plat showing roads dedicated to public use and the plat is filed with the chancery c…
Can a Mississippi economic development district amend its industrial-use covenants to allow a hospital to convert a business park building into medical offices?
The 2021 opinion concluded that the Simpson County Economic Development District could amend its restrictive covenants to remove the industrial/warehouse-only restriction for property already sold by …
Can a Mississippi airport authority pay a site location consultant a percentage-based fee tied to lease payments from tenants the consultant brings in?
Yes. The 2021 opinion concluded that the Gulfport-Biloxi Regional Airport Authority could pay a site location/development firm a fee equal to a fixed percentage of lease payments the Authority receive…
Can a Mississippi licensing board expunge (erase) records of past discipline against a licensee?
No. The 2021 opinion concluded the Mississippi Board of Pharmacy has no authority to expunge prior disciplinary actions. Public boards have only the powers expressly granted by statute or arising by n…
Can a Mississippi city alderman use a police radio to monitor police traffic without violating separation of powers?
The 2021 opinion concluded that mere possession of a city-owned police radio by a Cleveland alderman did not violate Mississippi's separation of powers doctrine. The alderman could monitor radio traff…
Can a Mississippi city offer broadband service through its municipal electric utility?
The 2021 opinion reaffirmed prior 2018 and 2019 AG opinions: a Mississippi municipality does not have authority to provide broadband service through its municipal utility system. Section 21-27-11(b)'s…
Does the higher-education member of Mississippi's police-training board have to be a full-time university employee?
The 2021 opinion concluded that Mississippi's Board of Law Enforcement Officer Standards and Training did not require its 'higher education representative' under § 45-6-5(2)(a) to be a full-time highe…
Can a Mississippi community hospital provide services in another state if that's part of its service area?
The 2021 opinion concluded that a Mississippi community hospital could provide authorized services outside the state, as long as the location was within the hospital's 'service area.' A 2019 amendment…
Does someone have to live in a Mississippi natural gas district to serve on its board of commissioners?
The 2021 opinion concluded that the Caledonia Natural Gas District's enabling local-and-private legislation, as amended in 1997 and 2021, required all five board commissioners to be residents of the d…
Can a Mississippi county pay for a feasibility study on converting a vacant school into an artist residency to boost tourism?
The 2021 opinion concluded that the Coahoma County Board of Supervisors could engage a firm to conduct a feasibility study on whether to redevelop a vacant school building as an artist residency to en…
Does Mississippi's nepotism law block a city from hiring the mayor's grandson as a parks-department laborer?
The 2021 opinion concluded that Mississippi's nepotism statute (§ 25-1-53) was not violated when the Ridgeland Board of Aldermen hired the mayor's grandson as a parks-and-recreation laborer. The statu…
Can a Mississippi Parole Board member get travel reimbursement without violating the per diem ban that applied to Board members in 2021?
The 2021 opinion concluded that Mississippi Parole Board members could submit expense vouchers and be reimbursed for actual and necessary travel expenses (mileage, meals, lodging) under § 25-3-41 with…
Does Mississippi's nepotism law block a public defender from hiring an assistant who is related to a circuit court judge?
The 2021 opinion concluded that Mississippi's nepotism statute (§ 25-1-53) was not violated when a public defender appointed the sister or daughter of a Senior Circuit Court Judge as assistant public …
Can a Mississippi university pay a faculty member half-salary on a one-semester sabbatical and full salary for the other semester?
The 2021 opinion concluded that Mississippi universities could pay a faculty member up to 50% of annual salary during a one-semester sabbatical and pay the remaining 50% as ordinary salary for the sem…
Can the Mississippi State Port Authority sign an exclusive 99-year lease and operating agreement with a private operator at the Port of Gulfport, and would sovereign immunity block a breach-of-contract claim?
The 2021 opinion concluded that the Mississippi State Port Authority, acting jointly with the Mississippi Development Authority, had broad statutory authority to enter long-term leases (up to 99 years…
Can a Mississippi motor vehicle manufacturer's wholly owned subsidiary get a dealer's license, including in markets where the manufacturer already has franchised dealerships?
The 2021 opinion concluded that Mississippi's motor vehicle dealer licensing statutes did not categorically prohibit a vehicle manufacturer's wholly owned subsidiary from obtaining a motor vehicle dea…
Does a Mississippi 911 district need state Wireless Communications Commission approval if a private vendor owns and operates the radio system?
The 2021 opinion concluded that a Mississippi 911 district could enter a managed service agreement for P25 radio service where the vendor owned and operated the system, without needing 'sign-off appro…
Does Mississippi's two-year residency requirement for supervisor and alderman candidates apply to the specific district or just the county?
The 2021 opinion concluded that Mississippi's § 23-15-300 two-year residency requirement applied to the specific supervisor district or municipal ward a candidate sought to represent, not just the cou…
Can the Mississippi Achievement School District issue bonds and other debt for absorbed Yazoo and Humphreys schools, and who authorizes it?
The 2021 opinion concluded that the Mississippi Achievement School District inherited the same borrowing authority as the former Yazoo City and Humphreys County school boards under § 37-17-13. So it c…
Can a Mississippi drainage district lease hunting and farming rights without competitive bidding on land it owns but didn't buy from the state or at a tax sale?
The 2021 opinion concluded that Mississippi's relaxed lease procedures for drainage districts in §§ 51-33-49 and 51-33-55, which let commissioners lease without competitive bidding, applied only to la…
Can a Mississippi county use electronic signatures on board minutes, resolutions, contracts, and purchase orders?
The 2021 opinion confirmed that Mississippi's Uniform Electronic Transactions Act (Miss. Code Ann. § 75-12-1 et seq.) allows electronic signatures and electronic records on county boards' minutes, res…
Does Mississippi's auctioneer licensing exemption for government employees cover independent contractors who run reverse auctions for the state?
The 2021 opinion concluded that Mississippi's auctioneer licensing exemption in § 73-4-5(2)(b), which covers sales conducted by 'an employee' of the United States, the State, or a political subdivisio…
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Attorney general opinions in Mississippi are written by the Mississippi Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.