Bill Text: MS HB1005 | 2025 | Regular Session | Introduced
Bill Title: Appointed counsel for indigent defendants; increase compensation.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2025-01-17 - Referred To Judiciary B [HB1005 Detail]
Download: Mississippi-2025-HB1005-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary B
By: Representatives Harness, Jackson (45th)
House Bill 1005
AN ACT TO AMEND SECTION 99-15-17, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPENSATION FOR INDIGENT COUNSEL; TO BRING FORWARD SECTION 25-32-5, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE COMPENSATION FOR PUBLIC DEFENDERS, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-15-17, Mississippi Code of 1972, is amended as follows:
99-15-17. The compensation
for counsel for indigents appointed as provided in Section 99-15-15, shall be
approved and allowed by the appropriate judge and in any one (1) case may not * * * be
less than Three Thousand Dollars ($3,000.00) for representation in circuit
court whether on appeal or originating in said court. Provided, however, if
said case is not appealed to or does not originate in a court of record, the
maximum compensation shall not exceed * * * One Thousand
Five Hundred Dollars ($1,500.00) for any one (1) case, the amount of such
compensation to be approved by a judge of the chancery court, county court or
circuit court in the county where the case arises. Provided, however, in a
capital case two (2) attorneys may be appointed, and the compensation may * * * not
be less than Four Thousand Dollars ($4,000.00) per case. If the case is
appealed to the state supreme court by counsel appointed by the judge, the
allowable fee for services on appeal shall not * * * be
less than Three Thousand Dollars ($3,000.00) per case. In addition, the
judge shall allow reimbursement of actual expenses. The attorney or attorneys
so appointed shall itemize the time spent in defending said indigents together
with an itemized statement of expenses of such defense, and shall present same
to the appropriate judge. The fees and expenses as allowed by the appropriate
judge shall be paid by the county treasurer out of the general fund of the
county in which the prosecution was commenced.
SECTION 2. Section 25-32-5, Mississippi Code of 1972, is brought forward as follows:
25-32-5. Compensation for the public defender shall be fixed by the board of supervisors or boards of supervisors, if two (2) or more counties are acting jointly; provided, however, the compensation for a public defender, who shall be full-time, representing an entire circuit court district shall not be less than the compensation of the district attorney, the compensation for a public defender representing one (1) county shall not be less than the compensation of the county prosecuting attorney and the compensation for a public defender representing two (2) or more counties, but less than the entire circuit court district, shall not be less than the aggregate of the compensation for county prosecuting attorneys of the counties served, but in no event to exceed the compensation of the district attorney. No full-time public defender or full-time assistant public defenders shall engage nor be associated with any person in the private practice of law. Part-time public defenders or part-time assistant public defenders may engage in the private practice of the law as long as such practice does not relate to the prosecution of criminal matters.
SECTION 3. This act shall take effect and be in force from and after July 1, 2025.
