J.Jefferson,Jr. - December 8, 2020 - County Prosecutor dismissing cases

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 December 8, 2020 The Honorable James E. Jefferson, Jr. Warren County Justice Court 800 Monroe Street Vicksburg, Mississippi 39180 Re: County Prosecutor dismissing cases Dear Judge Jefferson: The Office of the Attorney General is in receipt of your request for the issuance of an official opinion. Questions Presented 1. Can a county prosecutor dismiss cases without the knowledge of the arresting officer, or knowledge of the judge assigned to the case? 2. Can a county prosecutor dismiss cases that have already been adjudicated by the court? Brief Response In response to your first question, only the judge has the authority to dismiss a case once it has been filed. However, 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. In response to your second question, we find no authority for a county prosecutor to dismiss a case that has been finally adjudicated by the court. Applicable Law & Discussion We preface our response by stating that, pursuant to Mississippi Code Annotated Section 7-5-25, opinions of the Attorney General are issued on questions of law prospectively for those officials entitled to receive them. An Attorney General's opinion can neither validate nor invalidate past actions of public officials. Therefore, the following comments are for your future guidance only and are not to be viewed as an opinion on actions already taken. The Honorable James E. Jefferson, Jr. December 8, 2020 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 We have previously opined that a county prosecuting attorney need not seek the consent of a law enforcement officer to dismiss a citation issued by that officer; however, the county prosecuting attorney must seek leave of court before the citation can be dismissed. MS AG Op., Ready at *1 (Sept. 28, 2001); MS AG Op., Miller at *1 (Oct. 23, 2015) (“Only the judge has the authority to dismiss a case once it has been filed. However, 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.”); see also MS AG Op., Mitchell at *1 (Dec. 7, 2012) (finding that, pursuant to Section 99-15-53, a prosecutor could not enter a nolle prosequi without the consent of court). Turning to your second question, we are aware of no authority for a county prosecutor to dismiss cases that have been finally adjudicated. 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/ Phil Carter Phil Carter Special Assistant Attorney General