Kirk, 033076 MSAGO, 1976-0014

• Case Date: March 30, 1976
• Court: Mississippi

Honorable James J. Kirk No. 1976-0014 Mississippi Attorney General Opinions March 30, 1976          Honorable James J. Kirk          Justice Court Judge          Room 104          Tishomingo County Courthouse          Iuka, Mississippi 38852          Justice Court Expenses           Dear Judge Kirk:          Attorney General Summer, as a result of his conference with you and other interested parties, has asked that I further research the opinion issued on February 4, 1976, to you, in order to further clarify it and distinguish, as much as possible, those expenses which (1) are the duty of the county to pay, (2) are optional with the county to pay, and (3) are the responsibility of the justice court judge to pay.          Traditionally the justice court judge himself paid all expenses of the court except those few items specifically provided by statute to be purchased by the county. This has been changed bit by bit, as set out below:          Section 9-11-11, Mississippi Code of 1972, requires that the justice court judge keep a well-bound book styled “Docket.” Section 9-11-25 requires that the judge turn over such “docket, process, papers, or books of statutes” to the successor or to the clerk for his successor. This necessarily implies then that these specific items required to be kept and turned over to a successor should be supplied the justice at no cost to him—in other words, by the county.          Section 19-11-21 requires that the county shall furnish “at county expense” each justice court judge the uniform receipt forms. Section 9-11-5 provides that the justice court judge may have an office and conduct trials in the county counthouse or county office building. This necessarily implies that the county may, but is not required to, provide for such office in said buildings.          Section 261, Mississippi Constitution of 1890, effective in 1966, provides:

The expenses of oriminal prosecutions shall be

...