When a Mississippi justice court holds civil court in the morning and criminal court the same afternoon, does the constable serving as bailiff get one fee or two?

Plain-English summary

Neshoba County has two justice court judges. They hold their civil and criminal courts on the same day, with civil cases in the morning and criminal cases in the afternoon. The board's attorney asked the AG how to pay the constables who serve as bailiffs: one fee for the entire day, or separate fees for each session.

The AG: separate fees for each.

The two payment statutes work together. § 19-19-8 covers constable service as bailiff in criminal cases: "[a] constable that serves as a bailiff in justice court for criminal cases may be paid by the county in an amount equal to the allowance paid to riding bailiffs as provided in Section 19-25-31." § 25-7-27(1)(e) covers civil cases: constables serving as bailiffs in any court in a civil case are paid an amount equal to § 19-25-31's riding bailiff rate "for each day, or part thereof."

Both statutes use § 19-25-31's dollar range, which sets the riding bailiff fee at "between Fifty-five Dollars ($55.00) and One Hundred Dollars ($100.00) for each day, or part thereof, for which he or she serves as bailiff when the court is in session." (The statute was amended after a previous version that referenced different lower amounts; the AG's reading of the structure remains the same.)

The "for each day or part thereof" language is the key. The civil fee and the criminal fee are tracked independently. If the constable serves both in the morning civil session and in the afternoon criminal session on the same calendar day, that is one civil "part of a day" plus one criminal "part of a day," and each generates its own fee.

The AG's prior opinion line is consistent. Pratt (2008) said it directly: "the constable may only receive payment for each day or part thereof, for civil or criminal court, regardless of the number of judges he serves as bailiff on a given day. If the constable serves in both civil court and criminal court on the same day he may be entitled to a $40.00 fee in the civil court and a $55.00 fee in the criminal court for a total of up to $95.00 for that day's service as bailiff." Dulaney (2007) reached the same result. The 2020 White opinion confirmed: a constable is paid per day or part thereof for service as a bailiff in civil court, and separately for service as a bailiff in criminal court.

The dollar amounts have been adjusted upward by the legislature since the older opinions. Under the current § 19-25-31, the range is $55 to $100 for each session type, so up to $200 per day if a constable serves both civil and criminal sessions.

The "regardless of the number of judges" language from the Pratt opinion is also worth noting. If a constable serves multiple judges in the same court type (e.g., two civil sessions for two different judges in one morning), it is still one civil session for fee purposes. The fee is per court type per day, not per judge.

What this means for you

If you are a Mississippi constable serving as bailiff

Under this opinion, you receive a fee between $55 and $100 for each day or part of a day you serve as bailiff in civil court, and a separate fee between $55 and $100 for each day or part of a day you serve as bailiff in criminal court, even when both courts sit on the same day. The AG also notes, citing Pratt (2008), that if you serve more than one judge in the same court type on a given day, you receive only one fee for that court type that day, "regardless of the number of judges."

If you are a Mississippi justice court judge

Under this opinion, the constable bailiff fee is set per court type per day: one fee for civil service and a separate fee for criminal service, each "for each day, or part thereof." § 19-19-8 sets the criminal-bailiff payment by reference to § 19-25-31, and § 25-7-27(1)(e) sets the civil-bailiff payment by the same reference.

If you are on a Mississippi county board of supervisors approving constable bailiff fees

Under this opinion, the constable is entitled to a separate civil and criminal bailiff fee, each within § 19-25-31's range of $55 to $100 per day or part of a day, even when both sessions fall on the same day. The opinion does not set the exact amount within that range; § 19-25-31 establishes the range and the county allows the payment within it.

Common questions

Q: How much can a constable earn per day as a bailiff?
A: Under this opinion, a fee between $55 and $100 for civil-court service plus a separate fee between $55 and $100 for criminal-court service when both are served on the same day. The specific amount falls within the § 19-25-31 range.

Q: What if the constable serves only the morning civil session?
A: The opinion entitles the constable to the civil-court fee ($55 to $100) for that day or part of a day. The separate criminal-court fee applies only if the constable also serves as bailiff in criminal court.

Q: What if the constable serves several civil sessions in one morning for different judges?
A: The AG, quoting Pratt (2008), says the constable "may only receive payment for each day or part thereof, for civil or criminal court, regardless of the number of judges he serves as bailiff on a given day." So multiple civil sessions in one day still produce one civil-court fee.

Q: Which statutes set the civil and criminal bailiff fees?
A: § 19-19-8 covers a constable serving as bailiff in justice court for criminal cases, paid "in an amount equal to the allowance paid to riding bailiffs as provided in Section 19-25-31." § 25-7-27(1)(e) covers a constable serving as bailiff "in any court in a civil case," paid an amount equal to § 19-25-31 "for each day, or part thereof." § 19-25-31 supplies the $55-to-$100 range.

Background and statutory framework

Three statutes work together:

§ 19-25-31, as quoted in the opinion, sets the riding bailiff allowance at "between Fifty-five Dollars ($55.00) and One Hundred Dollars ($100.00) for each day, or part thereof, for which he or she serves as bailiff when the court is in session." The same statute allows circuit, chancery, county, or eminent domain judges to allow up to four riding bailiffs and provides that "[n]o full-time deputy sheriff shall be paid as a riding bailiff of any court."

§ 19-19-8 covers constable service as bailiff in justice court criminal cases, with payment "in an amount equal to the allowance paid to riding bailiffs as provided in Section 19-25-31."

§ 25-7-27(1)(e) covers constable service as bailiff in any court for civil cases, with payment "equal to the amount provided under Section 19-25-31 for each day, or part thereof."

The cross-references mean the dollar range is the same ($55 to $100), but the AG treats the entitlement as independent for civil and criminal service.

The AG opinion line the opinion cites: Dulaney (2007), Pratt (2008), and White (2020) all confirm the per-court-type, per-day structure. The AG notes that the dollar amounts in the older opinions reflect pre-amendment fee ranges, but the structure remains the same under current law.

Citations

• Miss. Code Ann. § 19-19-8 (constable as criminal justice court bailiff)
• Miss. Code Ann. § 19-25-31 (riding bailiff fee range, $55 to $100)
• Miss. Code Ann. § 25-7-27(1)(e) (constable as civil court bailiff)
• MS AG Op., Dulaney (Oct. 26, 2007) (constable bailiff fees per court type per day)
• MS AG Op., Pratt (Oct. 3, 2008) (separate fees for civil and criminal service on same day; one fee regardless of number of judges)
• MS AG Op., White (May 13, 2020) (constable paid per day or part thereof for each of civil and criminal bailiff service)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2023/01/W.White-January-24-2023-Payment-of-Constable-Bailiffs.pdf

Original opinion text

January 24, 2023
Wade White, Esq.
Attorney, Neshoba County Board of Supervisors
501 Main Street
Philadelphia, Mississippi 39350
Re:

Payment of Constable Bailiffs

Dear Mr. White:
The Office of the Attorney General has received your request for an official opinion.
Background
You state in your request that Neshoba County has two justice court judges who hold their civil
and criminal courts on the same day. You also state that civil cases are normally handled in the
morning and criminal cases are held in the afternoon.
Question Presented
Are the constable bailiffs to be paid a fee for the morning civil court and then a separate fee for
the evening criminal court, or should the constable bailiff be paid the single fee for the entire day?
Brief Response
A constable that serves as bailiff shall be paid for each day or part thereof for civil court and for
criminal court. Thus, a constable that serves as bailiff shall receive a fee between $55.00 and
$100.00 for attending each day or portion of a day for civil court and shall also receive a separate
fee between $55.00 and $100.00 for attending each day or portion of a day for criminal court on
the same day.
Applicable Law and Discussion
The fee for a constable to serve as a bailiff in a civil case and the fee for a constable to serve as a
bailiff in a criminal case are both set by reference to Mississippi Code Annotated Section 19-25-31. Section 19-19-8 states: "[a] constable that serves as a bailiff in justice court for criminal cases
may be paid by the county in an amount equal to the allowance paid to riding bailiffs as provided
in Section 19-25-31." Section 25-7-27(1)(e) provides that constables are to be paid an amount
equal to the amount provided under Section 19-25-31 for each day, or part thereof, for which he
serves as bailiff in any court in a civil case.
Section 19-25-31 provides:
Each judge of a circuit, chancery or county court, or a court of eminent domain
may, in the judge's discretion, by order entered on the minutes of the court, allow
the sheriff riding bailiffs to serve in the respective court of such judge, not to exceed
four (4) bailiffs. Any such person so employed shall be paid by the county on
allowances of the court on issuance of a warrant therefor in an amount between
Fifty-five Dollars ($55.00) and One Hundred Dollars ($100.00) for each day, or
part thereof, for which he or she serves as bailiff when the court is in session. No
full-time deputy sheriff shall be paid as a riding bailiff of any court. County court
judges shall be limited to one (1) bailiff per each court day.
Although Section 19-25-31 is amended to increase the fees that a constable serving as a bailiff
may receive, two previously issued opinions citing the pre-amendment amount of constable fees
are still applicable to your question. This office has previously opined:
A constable may serve as bailiff for more than one judge. However, the constable
may only receive payment for each day or part thereof, for civil or criminal court,
regardless of the number of judges he serves as bailiff on a given day. If the
constable serves in both civil court and criminal court on the same day he may be
entitled to a $40.00 fee in the civil court and a $55.00 fee in the criminal court for
a total of up to $95.00 for that day's service as bailiff.
MS AG Op., Pratt at 1 (Oct. 3, 2008); see also, MS AG Op., Dulaney at 1 (Oct. 26, 2007).
This office also has previously opined that "[b]ased upon the applicable statutes, it is the opinion
of this office that a constable is paid per day, or part thereof, for his or her service as a bailiff in
civil [court], and separately, for his or her service as a bailiff in a criminal [court]." MS AG Op.,
White *1 (May 13, 2020). Thus, a constable who serves as bailiff shall receive a fee between
$55.00 and $100.00 for attending each day or portion of a day for civil court and shall also receive
a separate fee between $55.00 and $100.00 for attending each day or portion of a day for criminal
court on the same day.
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/ Gregory Alston
Gregory Alston
Special Assistant Attorney General