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24 Code, § 23-15-245. 25 Const. §249-A, Code, §§23-15-135, 23-15-11, 23-15-541, 23-15-631, and 23-15-639. 26 Code, § 23-15-579. 27 Misso v. Oliver, 666 So. 2d 1366(1996). 28 Code, § 23-15-549. 29 O’Neal v. Simpson, 350 So. 2d 998(1997). 30 Code, § 23-15-639. 31 Code, § 23-15-591. 32 A ballot cast by a person whose name does not appear in the poll book, but who affirms that he or she is entitled to vote or that he or she has been illegally denied registration. 33 Code, §§ 23-15-573, 23-15-597 (Primaries) and 23-15-601 (General and Special). 34 Code, § 23-15-911. 35 Code, § 23-15-921. 36 Code, § 23-15-927. 37 Code, § 23-15-951. 218
CHAPTER 16 THE COURT SYSTEM James L. Roberts Jr. and Jonathan M. Shook INTRODUCTION Courts must exist for the resolution of disputes in society; hopefully, the speedy and efficient solving of citizens’ disputes in a properly functioning court system makes for a more civil society. The court system in Mississippi has long been described in a variety of sources as antiquated, outdated, and poorly functioning. While our Mississippi court system may lack total perfection, the truth is that it functions fairly well in terms of bottom line results. The further truth is that many changes have occurred in the court system in the last quarter century or so, and these changes have improved the quality of justice received by Mississippi litigants. The test of the court system (used interchangeable with judicial branch) is how well it serves those who use it - the litigants. If government as a whole is to effectively serve all citizens, then those citizens who wind up in court (for whatever reason) must have a comfortable feeling of fairness, impartiality and confidence in the system. This can be achieved only through the active support and participation of the executive and legislative branches and, further, only with the dedicated, hard work of judges and all persons who serve the courts, such as court clerks, law enforcement officers, administrative personnel, and others. At first glance, the courts may appear to be confusing, but some study reveals that the overall system of courts is probably less confusing than the operation of the separate courts. OVERALL The 1890 Mississippi Constitution created the Justice Courts (formerly known as Justice of the Peace Courts), Chancery Courts, Circuit Courts, and Supreme Court. Created since the 1890 Constitution by legislation action are the Municipal Courts, one (1) Family Court, nineteen (19) County Courts, and the relatively new Court of Appeals, first seated in January, 1995. The Chief Justice of the Mississippi Supreme Court is the chief administrative officer of all courts in Mississippi, and the Supreme Court promulgates and/or approves all rules governing the practices and procedures of all courts. While legislative enactments are seen from time to time, it seems to be generally conceded that the Supreme Court controls the procedural rules for courts, and the legislature controls the substantive law. This situation is always subject to change, and one may expect departures from these courses over time. By observation over nearly thirty years’ service in the justice system, it seems that many citizens become interested in the judicial branch of government only when they become involved in a 219
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County Government in Mississippi Fi
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© 2015. All rights reserved. No pa
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Technical assistance is provided on
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CONTRIBUTORS Michael T. Allen found
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University. Gallardo is interested
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director and eventually county admi
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CONTENTS Chapter 1: Historical and
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County Road System Map and Register
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Transfer of Surplus Funds .........
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Major Steps in the Process for Issu
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Conclusion ........................
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Brownfield Assessment Grant .......
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CHAPTER 1 THE HISTORICAL AND CONSTI
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odies vary, “board of commissione
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escaped being named Washington by a
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county offices throughout the state
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CHAPTER 2 USING THE MISSISSIPPI COD
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Using the Internet You can also fin
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Qualifications The Constitution 10
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REMOVAL FROM OFFICE As is the case
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absent or disabled, the board may e
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addition to the “public notice of
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the purpose of offering county owne
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preservation and disposition of cou
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With regard to justice courts, the
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POWERS REGARDING ARTS, RECREATION,
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POWERS REGARDING INDUSTRIAL DEVELOP
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40 Code, § 25-3-13. 41 Code, § 25
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143 Code, § 19-5-43. 144 Code, §
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CHAPTER 4 THE DISTRICT AND UNIT SYS
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Job Descriptions Written job descri
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Four-Year Road Plan 5 Each member o
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comply. Violations of any order of
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9 Code, §§ 19-2-11 and 19-2-12. 1
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• “Meeting” is any gathering
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Open Meetings Cases Case No. M-15-0
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• Public body must give notice to
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certain discovery in the course of
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“Relative” is the public servan
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THE COMPLAINT PROCEDURE FOR THE MIS
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In the event a public servant does
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• Appointees to offices required
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material financial interest in the
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14-036-E A towing service owned by
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payments, and the corporation recei
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Circuit Clerks her position to bene
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CHAPTER 6 OTHER MAJOR COUNTY OFFICI
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shall forward the fee and all neces
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(iii) (iv) (v) (vi) Death caused by
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e given three (3) months from the d
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Another log that must be kept by th
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The assessor and tax collector must
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appoint the chancery clerk to serve
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whose bids have been accepted by th
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of personnel engaged in the work of
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90 Code, § 19-4-7. 91 Ibid. 92 Ibi
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BUDGETING 1 A budget is a plan of a
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Budget Calendar Date May Board Meet
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The clerk of the board of superviso
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until there is sufficient money in
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and for the recovery of the value o
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Therefore, all agricultural propert
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True value is defined in Code, § 2
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• For roads and bridges, as autho
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The board also has the authority to
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• Research facilities; • Corpor
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property. The term “warehousing b
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CHAPTER 9 PURCHASING W. Edward Smit
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The inventory control clerk must pe
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authority” shall not include econ
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method of information distribution
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contract, including a description o
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governing authority boards taking o
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Change Orders to Construction Contr
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(2) No individual member, officer,
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TYPES OF COUNTY BONDS AND DEBT Most
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Regional Economic Development Act B
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from the federal government to the
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notes. Three-fifths (3/5) of the qu
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1. The governing authority, which w
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(examples of private parties for th
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amount of bonds proposed to be issu
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12. Post-Closing County officials s
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39. Pollution control facilities (C
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15. Code, §§ 31-13-1 through 31-1
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counsel's approving opinion is prin
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Paying Agent A bank or other instit
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CHAPTER 11 PERSONNEL ADMINISTRATION
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is violated, there should be specif
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the payment of a judgment or other
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consecutive days, and no overtime c
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Fourteenth Amendments establish cer
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18 15 U.S.C. § 1674(a). 19 Code,
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BASICS OF RECORDS MANAGEMENT Of cou
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months after the action is settled.
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Page 193 and 194: The fourth step is to re-evaluate o
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Page 197 and 198: encompassed by the plan may be the
Page 199 and 200: Subdivision Regulations Subdivision
Page 201 and 202: CHAPTER 14 MUNICIPAL BOUNDARY EXPAN
Page 203 and 204: “all parties interested in, affec
Page 205 and 206: The Court refused to reading into t
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Page 209 and 210: • one square mile of territory;
Page 211 and 212: • whether incorporation affects a
Page 213 and 214: Appeal The same rules apply to anne
Page 215 and 216: Post Combination Operation After th
Page 217 and 218: ADDENDUM I. Overview of Annexation
Page 219 and 220: d) Financial plan and department re
Page 221 and 222: H. Need for Zoning and Overall Plan
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Page 225 and 226: D. The Petition - Legal Requirement
Page 227 and 228: 2. Extension of Public Facilities a
Page 229 and 230: I. Past Performance 1. Time Frame f
Page 231 and 232: 3. Motion for Expedited Appeal 4. O
Page 233 and 234: publication must be at least 30 day
Page 235 and 236: CHAPTER 15 THE ELECTORAL PROCESS W.
Page 237 and 238: The date for the first primary elec
Page 239 and 240: CONDUCT OF ELECTION The polls are r
Page 241: When the votes have been completely
Page 245 and 246: Municipal Courts are very important
Page 247 and 248: The Chancery Court handles equity c
Page 249 and 250: The clerks keep and maintain offici
Page 251 and 252: upon the viewpoint of the person in
Page 253 and 254: CHAPTER 17 COMMUNITY ECONOMIC DEVEL
Page 255 and 256: Regardless of the definition used,
Page 257 and 258: shown in table 2, each approach has
Page 259 and 260: prosper in it. This of course is ea
Page 261 and 262: Recruiting external industries to t
Page 263 and 264: equiring technical assistance the l
Page 265 and 266: Hatcher, William, Matt Oyer, and Ro
Page 267 and 268: EPA must designate areas as meeting
Page 269 and 270: GREENHOUSE GAS AND CLIMATE CHANGE G
Page 271 and 272: important roles that federal and st
Page 273 and 274: • A full environmental assessment
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Page 277 and 278: 23). This fund may receive monies f
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Page 281 and 282: Lamar, Madison and Rankin and any o
Page 283 and 284: Rubbish (Class I & II) Rubbish is n
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Page 291 and 292: APPENDIX A ANNUAL AGENDA FOR MEETIN
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Amend budget as necessary. Code, §
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Last month to make certain repairs
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Receive tax assessor/collector’s
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Receive tax assessor/collector’s
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formula designated by the legislatu
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APPENDIX C SELECTED INFORMATION ON
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County 2013 Population 2 Beat/Uni
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APPENDIX D THE MISSISSIPPI ASSOCIAT
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ORGANIZATION MAS is governed by fiv
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APPENDIX E MISSISSIPPI ASSOCIATION
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APPENDIX G THE CENTER FOR GOVERNMEN
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• Assist the Office of the Secret
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Copyright 2015 by Mississippi State
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