McClellan, 072976 MSAGO, 1976-0006

• Case Date: July 29, 1976
• Court: Mississippi

Mr. Henry B. McClellan No. 1976-0006 Mississippi Attorney General Opinions July 29, 1976          Mr. Henry B. McClellan          Holmes County Circuit Clerk          Holmes County Courthouse          Lexington, MS           Dear Mr. McClellan:          Attorney General Summer has received your opinion request and has assigned it to the undersigned for research and reply.          In your letter you state:

“1. I would like to know if I am entitled to receive $800 per year under Section 25-7-13(3c)? “2. Also, if I am entitled to the $1500.00 for state failed cases under Section 25-7-13(4c)? “3. And, if the Circuit Court Judge signs an order granting the fees of $800.00 and $1500.00 would that entitle me to receive it?”

         In answer to your first question, you would be entitled to the $800.00 fee if all criteria are met as provided by Section 25-7-13(3c):

“(c) For public service not particularly provided for, the circuit court may allow the clerk, per annum, to be paid by the county on the order of the board of supervisors, to be entered on presentation of the circuit court's order, the following amount . . . . . . $800.00 “Provided, however, that in the counties having two judicial districts such above allowance shall be made for each judicial district.”

         The provision requires that such fee be allowed only upon the circuit court order being presented to the board of supervisors for payment by the county.          With regard to your second question we are of the opinion that you would not be entitled to the $1500 as provided for in Section 25-7-13(4c) for state failed cases. In your letter you state that the population of Holmes County is approximately 29,000 and the assessed valuation is $27,000,000. The fee allowable by Section 25-7-13(4c) is limited in application to counties either having a population of 32,000 or over or to those counties having an assessed valuation of $17,000,000 or over and less than $22,000,000. Assuming the facts you present, these provisions for a $1500 fee for state failed cases could not be...