AGO 000005102.

Case DateJuly 16, 1981
CourtMississippi
Mississippi Attorney General Opinions 1981. AGO 000005102. July 16, 1981DOCN 000005102 DOCK 1981-281 AUTH Ryan Hood DATE 19810716 RQNM Honorable Charles Dodd SUBJ JUSTICE COURT JUDGE SBCD 100 TEXT Honorable Charles Dodd Justice Court Judge Post Office Box 115 Fulton, Mississippi 38843Re: Collection of Fines On IndigentsDear Judge Dodd: Attorney General Bill Allain has received your letter of June 11, 1981, and has assigned it to the undersigned for re- search and reply. Please find a copy of your letter for ready reference attached. Taking your questions in the order presented, this office advises as follows: Question One: "How do we justice court judges collect old fines within our jurisdiction? I have issued warrants, had them to appear in my court, and they pled guilty but said they have no money to pay the fine. After I did all this; it seems to me that I could issue a mittimus and have them put in jail. I have been told by some attorneys that I could not do this. I would like to have your opinion. Most of these cases are Mississippi Highway Patrol, and they tell us at all these seminars they want a dis- position, and their abstracts back to Jackson within sixty (60) days. I know that I can suspend or dismiss everything except D.U.I. fines, but this is not proper, and I sure want to see that this subject pays his fine if he is guilty. In the event an indigent is unable to pay his fine, a justice court judge may rely upon Section 99-19-20 of the Mississippi Code, 1972, as amended, as an alternative procedure in working with indigents. In addition, please find enclosed a copy of a prior opinion addressed to the Honorable Forrest Allgood, dated January 29, 1980, concerning indigents and the execution on fines. Question Two: "I know that if a person falls under 'indigent' he can sign a pauper's oath. I have heard that he can only sign one (1), and what does this consist of?" This office is not aware of any authority which would prohibit an...

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