Bailey, 020180 MSAGO, 19800201

• Case Date: February 01, 1980
• Court: South Carolina

Mr. Ray Bailey No. 19800201 Mississippi Attorney General Opinions February 1, 1980          § 19-3-49 and § 1-1-11, Mississippi Code of 1972          Mr. Ray Bailey          Assistant Secretary of State          Post Office Box 136          Jackson, Mississippi 39205          Dear Mr. Bailey:          Attorney General Allain has received your opinion request dated January 22, 1980 and has assigned it to me for research and reply, your letter of request stating:

         “Section 19-3-49 provides for the employment by the board of supervisors of a special County Prosecuting Attorney in counties which do not have that office created in the manner provided by law. The basic law appearing in the bound volume of the code provides that the special prosecutor so employed 'shall not be a commissioned officer of such county'. However, Section 19-3-49 was amended by the legislature during its 1978, regular session, and the amended version is silent on the 'commissioned officer' question. The amended law became effective January 1, 1980.          “I have been requested to cause a commission to be issued to a person employed by a board of supervisors under Section 19-3-49, as amended, and my question to you is:          “Is a person who was duly employed under contract as special County Prosecuting Attorney under the provisions of Section 19-3-49 entitled to receive a commission in regular form or otherwise? Also, if your answer to the foregoing question is in the affirmative, is the appointed (employee) entitled to receive a set of the Mississippi Code, 1972, as authorized for County Prosecuting Attorney elected to that office?”

         Section 19-3-49, Mississippi Code of 1972, as it appears in the main volume reads:

         “In all counties of this state wherein the office of county prosecuting attorney has been or may be abolished the boards of supervisors shall have the power and authority, in their discretion, to employ a competent attorney to specially prosecute in criminal cases arising in such county, which such special prosecutor shall not be a commissioned officer of such county. The compensation paid to the person so employed shall be paid from the general fund of such county and shall not exceed, during any calendar year, the amount authorized by law to be paid as salary to the county prosecuting attorney in such county.”

         This same Code section as it appears in the pocket part to the volume reads:

In all counties of this

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