When does a Mississippi justice court lose jurisdiction over a felony case it has been handling preliminarily?

Plain-English summary

Judge Hedgepeth asked a precise procedural question: at what moment does a Mississippi justice court stop having jurisdiction over a felony case?

The AG's answer: jurisdiction ends when the defendant is bound over to the grand jury or when the defendant waives the preliminary hearing. Either event ends the justice court's role.

The framework: Section 99-33-1 gives justice courts jurisdiction over crimes punishable only by fine and county-jail time, concurrent with circuit court. Felonies are punishable beyond that, so they cannot be tried in justice court. Section 99-33-13 prohibits a justice judge from punishing or rendering a final judgment in a case where the felony nature is discovered. Instead, the judge requires the defendant to give bail for circuit-court appearance (or commits without bail if the felony is non-bailable).

The justice court's role in felony cases is therefore limited to acting as a "conservator of the peace" for preliminary matters: determining probable cause, issuing warrants, setting bonds, conducting initial appearances, and conducting preliminary hearings. The case cannot be tried in justice court.

Two prior AG opinions confirm the cut-off moment: MS AG Op., Wood (July 25, 2003), and MS AG Op., Hemphill (Sept. 30, 2011). Hemphill states: "Justice Court retains jurisdiction of the case, including revocation of bond, until the defendant is bound over to the grand jury or the defendant waives the preliminary hearing."

A practical note from the case law: the grand jury can remand a case back to justice court for trial as a misdemeanor under Sections 99-33-1 and 99-33-13. So the justice court may see the case again, but only after the grand jury has acted.

What this means for you

For Mississippi justice court judges

Under the opinion, a justice court's jurisdiction over a felony charge ends at one of two points: when the defendant is bound over to the grand jury, or when the defendant waives the preliminary hearing. Until then, the opinion (quoting the Regan opinion) describes the court's role as that of a "conservator of the peace" for preliminary matters: "determining probable cause, issuing warrants, setting bonds and conducting initial appearances and preliminary hearings." The Hemphill opinion it quotes adds that the justice court "retains jurisdiction of the case, including revocation of bond," until bind-over or waiver. A felony cannot be tried in justice court. If the grand jury remands the case to be tried as a misdemeanor under Sections 99-33-1 and 99-33-13, the justice court can then try it on that basis.

For Mississippi district attorneys

The opinion fixes the moment the justice court's role ends: bind-over to the grand jury or waiver of the preliminary hearing. After that point, the opinion holds the justice court no longer has jurisdiction over the case, including over bond.

For criminal defense attorneys

Under the opinion, the justice court keeps jurisdiction over preliminary matters (probable cause, warrants, bond, initial appearance, preliminary hearing) until the defendant is bound over to the grand jury or waives the preliminary hearing. The Hemphill opinion the AG quotes states the justice court retains jurisdiction "including revocation of bond" until that point.

For law enforcement officers and bondsmen

The opinion describes the justice court as the forum for the preliminary stage of a felony: probable cause, warrants, bonds, initial appearances, and preliminary hearings. The felony itself is tried in circuit court after bind-over. The opinion holds the justice court loses jurisdiction over the case, including bond, once the defendant is bound over or waives the preliminary hearing.

Common questions

Q: Can a justice court ever try a felony?
A: No. The opinion states Sections 99-33-1 and 99-33-13 "limit the criminal jurisdiction in justice court to misdemeanors." The grand jury can remand a case to justice court to be tried as a misdemeanor, but the justice court cannot try the felony itself.

Q: When exactly does the justice court lose jurisdiction?
A: The opinion's answer is that the justice court "loses jurisdiction over a defendant charged with a felony offense when the defendant is bound over to the grand jury or waives his right to a preliminary hearing."

Q: What can the justice court do before that point?
A: The opinion describes the role as "acting as a conservator of the peace to preliminary matters, i.e. determining probable cause, issuing warrants, setting bonds and conducting initial appearances and preliminary hearings." It quotes the Hemphill opinion that this includes "revocation of bond" until bind-over or waiver.

Q: Can the justice court revoke bond after bind-over?
A: No. The opinion quotes Hemphill that the justice court "retains jurisdiction of the case, including revocation of bond, until the defendant is bound over to the grand jury or the defendant waives the preliminary hearing." After that, that jurisdiction is gone.

Q: What does the judge do when a case turns out to be a felony?
A: The opinion states that under Section 99-33-13 the judge cannot punish the offender or render a final judgment; instead the judge "must require the defendant to give bail for his appearance in circuit court, unless the felony is not bailable, in which case, the defendant should be committed without bail."

Q: Can the grand jury send a case back to justice court?
A: Yes. The opinion states that Sections 99-33-1 and 99-33-13 "allow the grand jury to remand a case to a justice court to be tried as a misdemeanor," citing the Turnage (2014) opinion.

Background and statutory framework

Mississippi divides criminal jurisdiction by severity. Misdemeanors (those whose punishment does not extend beyond a fine and imprisonment in the county jail) are tried in justice court, with concurrent jurisdiction in circuit court. Felonies (punishable beyond that) are tried only in circuit court.

This division is structural. Justice court is a court of limited jurisdiction designed to handle smaller cases and preliminary matters. Circuit court has general criminal jurisdiction.

Section 99-33-1(2) provides: "justice court judges shall have jurisdiction concurrent with the circuit court of the county over all crimes occurring in the county whereof the punishment prescribed does not extend beyond a fine and imprisonment in the county jail."

Section 99-33-13 prohibits the justice judge from punishing or rendering a final judgment when the offense turns out to be a felony. Instead, the judge sets bail (if bailable) or commits without bail.

Section 99-13-13 (cited as the bail-setting authority for non-bailable felonies) is also referenced in the opinion's "must require the defendant to give bail" formulation.

The Wood (2003), Regan (1996), and McLarty (1984) opinions all describe the justice court's role in felony cases as limited to preliminary matters, ending at bind-over or waiver. The 2021 Hedgepeth opinion gathers and confirms this settled rule.

The grand-jury remand mechanism in Sections 99-33-1 and 99-33-13 is the practical fallback. If the grand jury thinks the case is better tried as a misdemeanor (no true bill on the felony but factual basis for misdemeanor), it can remand to justice court. The justice court then tries the case as a misdemeanor. The Turnage (2014) opinion acknowledges this remand path.

Citations and references

Statutes:

• Miss. Code Ann. § 99-33-1, justice court jurisdiction over misdemeanors; concurrent with circuit court
• Miss. Code Ann. § 99-33-13, justice judge's role when felony nature is discovered; bail or commitment
• Miss. Code Ann. § 99-13-13, bail in non-bailable cases (cited as bail authority)

Prior AG opinions cited:

• MS AG Op., Hemphill (Sept. 30, 2011), justice court retains jurisdiction including bond revocation until bind-over or waiver
• MS AG Op., McLarty (Apr. 9, 1984), justice court jurisdiction limited to misdemeanors; proper procedure for felonies
• MS AG Op., Regan (May 10, 1996), justice court's role limited to preliminary matters
• MS AG Op., Turnage (Dec. 1, 2014), grand jury can remand case to justice court for misdemeanor trial
• MS AG Op., Wood (July 25, 2003), justice court loses jurisdiction at bind-over or waiver

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2021/12/C.Hedgepeth-November-29-2021-Jurisdiction-of-Justice-Court-Over-Felony-Charges.pdf

Original opinion text

November 29, 2021

The Honorable C. Grant Hedgepeth
Jones County Justice Court Judge
5180 Highway 11 North
Ellisville, Mississippi 39437

Re: Jurisdiction of Justice Court Over Felony Charges

Dear Judge Hedgepeth:

The Office of the Attorney General has received your request for an official opinion.

Question Presented

At what point does a justice court lose jurisdiction over a felony offense?

Brief Response

A justice court loses jurisdiction over a defendant charged with a felony offense when either the defendant is bound over to the grand jury or the defendant waives the preliminary hearing.

Applicable Law and Discussion

Mississippi Code Annotated Section 99-33-1 states, in pertinent part, that "justice court judges shall have jurisdiction concurrent with the circuit court of the county over all crimes occurring in the county whereof the punishment prescribed does not extend beyond a fine and imprisonment in the county jail." Miss. Code Ann. § 99-33-1(2). Section 99-33-13 prohibits a justice court judge from punishing an offender or rendering any final judgment at the trial of any criminal case where the justice court judge discovers the crime was a felony rather than a misdemeanor. Instead, the judge must require the defendant to give bail for his appearance in circuit court, unless the felony is not bailable, in which case, the defendant should be committed without bail. Miss. Code Ann. § 99-13-13. However, Sections 99-33-1 and 99-33-13 allow the grand jury to remand a case to a justice court to be tried as a misdemeanor. MS AG Op., Turnage at *1 (Dec. 1, 2014).

We have previously opined that Sections 99-33-1 and 99-33-13 "limit the criminal jurisdiction in justice court to misdemeanors and provide[s] for the proper procedure for processing criminal matters of a felony nature." MS AG Op., McLarty at 1 (Apr. 9, 1984). Furthermore, we have described a justice court's role in a felony charge stating, "[a] justice court's jurisdiction in felony cases is limited to acting as a conservator of the peace to preliminary matters, i.e. determining probable cause, issuing warrants, setting bonds and conducting initial appearances and preliminary hearings. Therefore, a felony case cannot be tried in justice court." MS AG Op., Regan at 1 (May 10, 1996). As such, it has been and remains the opinion of this office that a justice court loses jurisdiction over a defendant charged with a felony offense when the defendant is bound over to the grand jury or waives his right to a preliminary hearing. MS AG Op., Wood at 1 (July 25, 2003); MS AG Op., Hemphill at 1 (Sept. 30, 2011) ("Justice Court retains jurisdiction of the case, including revocation of bond, until the defendant is bound over to the grand jury or the defendant waives the preliminary hearing.").

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,

LYNN FITCH, ATTORNEY GENERAL

By: /s/ Abby Overby
Abby Overby
Special Assistant Attorney General