Bill Text: MS SB2790 | 2024 | Regular Session | Introduced
Bill Title: Appointed counsel; require in Justice Court for certain criminal defendants.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2024-03-05 - Died In Committee [SB2790 Detail]
Download: Mississippi-2024-SB2790-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary, Division A; Appropriations
By: Senator(s) Barnett, Blackmon
Senate Bill 2790
AN ACT TO AMEND SECTION 99-15-15, MISSISSIPPI CODE OF 1972, TO REQUIRE APPOINTMENT OF COUNSEL FOR CRIMINAL DEFENDANTS IN JUSTICE COURT WHO ARE INDIGENT; TO AMEND SECTION 99-15-17, MISSISSIPPI CODE OF 1972, TO SET A CERTAIN AMOUNT AS THE MAXIMUM COMPENSATION FOR AN APPOINTED ATTORNEY IN JUSTICE COURT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-15-15, Mississippi Code of 1972, is amended as follows:
99-15-15. (1) When any person shall be charged with a felony, misdemeanor punishable by confinement for ninety (90) days or more, or commission of an act of delinquency, the court or the judge in vacation, being satisfied that such person is an indigent person and is unable to employ counsel, may, in the discretion of the court, appoint counsel to defend him.
(2) Such appointed counsel shall have free access to the accused who shall have process to compel the attendance of witnesses in his favor.
(3) The accused shall have such representation available at every critical stage of the proceeding against him where a substantial right may be affected.
(4) Notwithstanding any other provision of law, when any person shall be charged with a misdemeanor in justice court, a judge, being satisfied that a person is an indigent person and is unable to employ counsel, shall appoint counsel to defend the person.
SECTION 2. Section 99-15-17, Mississippi Code of 1972, is amended as follows:
99-15-17. The compensation for counsel for indigents appointed as provided in Section 99-15-15, shall be approved and allowed by the appropriate judge and in any one (1) case may not exceed One Thousand Dollars ($1,000.00) for representation in circuit court whether on appeal or originating in said court. Provided, however, if said case is not appealed to or does not originate in a court of record, the maximum compensation shall not exceed Two Hundred Dollars ($200.00) for any one (1) case, the amount of such compensation to be approved by a judge of the chancery court, county court or circuit court in the county where the case arises. Provided, however, in a capital case two (2) attorneys may be appointed, and the compensation may not exceed Two Thousand Dollars ($2,000.00) per case. If the case is appealed to the state supreme court by counsel appointed by the judge, the allowable fee for services on appeal shall not exceed One Thousand Dollars ($1,000.00) per case. In addition, the judge shall allow reimbursement of actual expenses. The attorney or attorneys so appointed shall itemize the time spent in defending said indigents together with an itemized statement of expenses of such defense, and shall present same to the appropriate judge. The fees and expenses as allowed by the appropriate judge shall be paid by the county treasurer out of the general fund of the county in which the prosecution was commenced. Provided, however, in a misdemeanor case in justice court, the compensation shall not exceed Four Hundred Dollars ($400.00).
SECTION 3. This act shall take effect and be in force from and after July 1, 2024.
