K. Hines - October 31, 2025 - Justice Court Procedures

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 October 31, 2025 The Honorable Kevin M. Hines Justice Court Judge, Stone County 231 Third Street South Wiggins, Mississippi 39577-2808 Re: Justice Court Procedures Dear Judge Hines: The Office of the Attorney General has received your request for an official opinion. Questions Presented 1. Is the Attorney General’s Opinion issued to Dustin N. Thomas on September 29, 2017, regarding the definition of a guest and whether a length of stay would grant a guest tenant’s rights, still valid given the subsequent amendments to the Residential Landlord and Tenant Act, Mississippi Code Annotated 89-8-1, et seq.? 2. If the law enforcement officer who issued a ticket makes a written pretrial request to a judge to dismiss a case without any input or action on behalf of the prosecutor, does a judge have the lawful ability to dismiss the case? 3. If the prosecutor alone must motion for dismissals, can the prosecutor issue a standing motion to the court to dismiss citations/tickets if the affiant officer requests a dismissal? Brief Response 1. In the Thomas opinion, we opined that questions surrounding the Residential Landlord and Tenant Act are determinations to be made based on facts, the rental agreement, and the law and that “[t]he ‘rental agreement’ referenced in the definition [of the act] would control according to its terms.” MS AG Op., Thomas at *1 (Sep. 29, 2017). This remains the position of this office. Whether or how these laws apply to specific individuals remains a fact specific determination that is outside the scope of an opinion. 2. If a law enforcement officer wishes to request that a traffic ticket be dismissed after it has been presented to the court clerk, he or she should not contact the judge directly but should communicate The Honorable Kevin M. Hines October 31, 2025 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 with the prosecutor, who then has the discretion file a motion to dismiss pursuant to Section 99- 15-51. 3. There is no statutory authority for a prosecutor to issue a standing motion to dismiss if an affiant officer requests a dismissal. We suggest that you contact the Mississippi Judicial College or the Mississippi Commission on Judicial Performance for further guidance on this question as it is more of a procedural matter than a question of state law. Applicable Law and Discussion In the 2017 Thomas opinion cited in your first question, we were asked whether the definition of ‘tenant’ in the Mississippi Residential Landlord Tenant Act applies to house guests living in a home with a homeowner and whether the answer would change based upon the length of stay of the house guest. MS AG Op., Thomas at *1. We responded that questions surrounding the landlord- tenant act are determinations to be made based on facts, the rental agreement, and the law and that “[t]he ‘rental agreement’ referenced in the definition [of the act] would control according to its terms.” Id. This remains the position of this office. Notably, since the 2017 Thomas opinion was issued, the Real Property Owners Protection Act added the definition of a “squatter” and a process to remove a squatter. 2025 Miss. Laws H.B. 1200. Further, the definition of “tenant” was amended to include the emphasized language: “a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others, and shall not include any person who trespasses or otherwise enters and/or remains on the property of another for any length of time without the landlord's knowledge or permission.” Id. (emphasis added.) However, whether or how these laws apply to specific individuals remains a fact specific determination that is outside the scope of an opinion. With respect to your second and third questions, please note that this office does not opine on the Mississippi Code of Judicial Conduct. For informational purposes, we note that the Supreme Court has held that a justice court judge’s dismissal of traffic tickets “without notice to the complaining officer, without a hearing or a trial, or otherwise outside of court” constituted judicial misconduct in violation of the Mississippi Constitution. Mississippi Comm’n on Jud. Performance v. Boykin, 763 So. 2d 872, 874 (Miss. 2000); see also Mississippi Comm’n on Jud. Performance v. McKenzie, 63 So. 3d 1219, 1221 (Miss. 2011). You may wish to contact the Mississippi Judicial College or the Mississippi Commission on Judicial Performance for further guidance on these questions. With respect to the statutory procedure for pretrial dismissal of traffic tickets, we offer the following for prospective guidance. In the 2003 Sartin Opinion, our office was asked by a justice court judge whether an officer had the authority to drop a ticket before the case went to court. MS AG Op., Sartin at *1 (Sept. 26, 2003). We opined: [W]hen an officer writes a ticket and gives it to the defendant, he may later choose not to file it with the court. However, once the ticket is sworn to and presented to the court clerk, that ticket is an affidavit and is entered on the docket. From that point only the judge may dispose of the case (ticket). There are several ways in which the case may be disposed. The defendant may pay the ticket and the judge The Honorable Kevin M. Hines October 31, 2025 Page 3 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 would find the defendant guilty. The defendant may contest the ticket and the judge would make a finding based on the evidence presented at a trial. The prosecutor may petition the court to dismiss the ticket for any number of reasons or to retire the case to the file. The officer may request that the judge dismiss the ticket, however, the ultimate decision as to whether the charges should be dismissed lies with the judge. This office has previously opined that while “only the judge has the authority to dismiss a case once it has been filed . . . the prosecuting attorney or officer issuing a ticket, or any other interested party, may seek dismissal of the offense by the judge by the filing of a motion or other means.” MS AG Op., Jefferson at *1 (Dec. 8, 2020); see also MS AG Op., Kirk at *1 (Apr. 5, 2019) (discussing dismissal for failure to prosecute). For clarification, if an officer wishes to request that a ticket be dismissed after it is presented to the court clerk, he or she should not contact the judge directly but should communicate with the prosecutor, who can then file a motion pursuant to Section 99-15-51 as further discussed below. See Uniform Rules of Procedure for Justice Court, Rule 1.04. With respect to the pretrial dismissal of misdemeanor affidavits, including traffic tickets, our office has opined that the procedure in Section 99-15-51 should be followed. See MS AG Ops., Jarvis (Sep. 24, 1999) and Miller (Mar. 3, 1993). Section 99-15-51 provides: In prosecutions for petty misdemeanors, if the party injured appear before the court where the same shall be pending and acknowledge to have received satisfaction, on motion of the prosecuting attorney the court, if it shall adjudge that the ends of justice will be conserved thereby, may discharge the defendant and dismiss the proceedings and may require the payment of court costs. Relatedly, pursuant to Section 99-15-53, a prosecutor may not enter a nolle prosequi without the consent of the court. In response to your third question, there is no statutory authority for a prosecutor to issue a standing motion to dismiss if an affiant officer requests a dismissal. We again suggest that you contact the Mississippi Judicial College or the Mississippi Commission on Judicial Performance for further guidance on this question as it is more of a procedural matter than a question of state law. 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/ Beebe Garrard Beebe Garrard Special Assistant Attorney General