AGO 000009345.

• Case Date: October 03, 1985
• Court: Mississippi

Mississippi Attorney General Opinions 1985. AGO 000009345. October 3, 1985DOCN 000009345 DOCK 1985-137 AUTH Phillip C. Carter DATE 19851003 RQNM Hugh Hathorn SUBJ Public Defender - District Attorney SBCD 59 TEXT Honorable Hugh Hathorn Attorney for Winston County Board of Supervisors Post Office Box 631 Louisville, Mississippi 39339 October 3, 1985 Page Two the municipal judge, being satisfied that such person is an indigent person and is unable to employ counsel, may, in the discretion of the court, appoint counsel from the membership of the Mississippi State Bar residing in his county who shall represent him. Compensation for appointed counsel in criminal cases shall be approved and allowed by the municipal judge and shall be paid by the municipality. The maximum compensation shall not exceed one hundred dollars ($100.00) for any one (1) case. The governing authorities of a municipality may, in their discretion, appoint a public defender(s) who must be a licensed attorney and who shall receive a salary to be fixed by the governing authorities.' "I would like an opinion from your office on the following questions: "1. Do the duties of the public defender's office established pursuant to Sections 25-32-1 et seq. include representation of indigent defendants in municipal court. "2. Can a public defender appointed pursuant to Sections 25-32-1 et seq. receive compensation from the governing authorities of a municipality as contemplated by the paragraph quoted previously from Section 21-23-7. "3. If an affidavit is filed in a municipal court charging a defendant with a felony, and a prelimi- nary hearing is held in municipal court, which results in the defendant being bound over and in- dicted by the county grand jury, must the public defender represent this defendant. Is such a situation considered a case 'originating in state and county courts.'" In response to your...