Mississippi Code

Miss. Code Ann. § 21-15-25 (2026)

Municipal attorney; appointment and compensation

✓ current as of July 2026

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The governing authorities may annually appoint an attorney-at-law for the municipality, prescribe his duties and fix his compensation, and/or they may employ counsel to represent the interest of the municipality, should the occasion require. For services and duties which the regular city attorney is not required to perform as a result of his employment as such, and which are not covered by the regular compensation paid him, such municipal attorney may be employed and compensated additionally. In cases where an attorney, whether same be the regular municipal attorney or another, shall be employed in the matter of issuing or refunding of bonds and the drafting of all orders and resolutions in connection therewith, the governing authorities shall have the power to pay reasonable compensation to such attorney, but in no instance shall such compensation so paid exceed one per cent (1%) of the bonds issued or refunded; however, where the regular contract of employment and compensation paid to the municipal attorney covers and includes services in connection with the issuing or refunding of bonds, then such regular municipal attorney shall not be paid additional compensation for such services.

Should the services and duties required of a regular municipal attorney at any time during his term of office become greater than that anticipated by the governing authorities at the time of his appointment, the governing authorities, by unanimous vote, and on proper finding, may increase the compensation of such attorney for the remaining portion of his term in such amount as the governing board may find and adjudge to be fair and reasonable to compensate said attorney for his excessive and unanticipated services and duties.

Codes, 1892, § 2992; 1906, § 3389; Hemingway's 1917, § 5917; 1930, § 2525; 1942, §§ 2958, 3374-95; Laws, 1904, ch. 156; Laws, 1950, ch. 491, § 95; Laws, 1954, ch. 351; Laws, 1958, ch. 220; Laws, 1960, chs. 190, 191; Laws, 1962, chs. 248 and 249; Laws, 1964, ch. 275, § 1; Laws, 1966, ch. 296, § 1; Laws, 1968, ch. 285, §§ 1, 2; Laws, 1971, ch. 429, § 1; Laws, 1972, ch. 393, § 1; Laws, 1973, ch. 336, § 1, eff. 3/21/1973.

Notes of Decisions

Cited in 9 cases, 1987–2016 · leading case: Jordan v. Smith, 669 So. 2d 752 (Miss. 1996).

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Jordan v. Smith, 669 So. 2d 752 (Miss. 1996). · cites it 23× “" Miss. Code Ann. § 21-15-25 (1972). Regarding other court officers, the code provides that the municipal judge and prosecuting attorney shall be appointed by the governing authorities.”

Carolyn McAdams v. Sheriel F. Perkins, 204 So. 3d 1257 (Miss. 2016). · cites it 8× “Miss. Code Ann. § 21-15-25 (Rev. 2015) (emphasis added).”

Jordan v. McAdams, 85 So. 3d 932 (Miss. Ct. App. 2012). · cites it 4× “Miss.Code Ann. § 21-15-25 (Rev.2007). The "city council has no authority to appoint.”

Joiner v. City of Ridgeland, Miss., 669 F. Supp. 1362 (S.D. Miss. 1987). · cites it 4× “Miss. Code Ann. § 21-15-25 . Moreover, unlike in Pembaur, Case's decision to allow a city clerk to sign the Joiners' arrest warrants was plainly illegal under the statutory law of Mississippi.”

Littleton v. McAdams, 60 So. 3d 169 (Miss. 2011). “Mississippi Code Section § 21-15-25 provides that "the governing authorities may annually appoint an attorney-at-law for the municipality.”

Peterson v. City of McComb City, 504 So. 2d 208 (Miss. 1987). “The appellants maintain that these duties violate other statutory provisions, such as the employment of a municipal attorney, § 21-15-25 (Supp. 1984), the duties of the city clerk, § 21-35-11 (Supp.”

Tisdale v. City Council of Aberdeen, 856 So. 2d 323 (Miss. 2003). · cites it 4× “Since Aberdeen’s charter is silent as to the method of selection of the city attorney, Miss.Code Ann. § 21-15-25 (Rev.2001) is applicable.”

William M. Tisdale v. Willie A. Cook (Miss. 2001). · cites it 4× “Since Aberdeen’s charter is silent as to the method of selection of the city attorney, Miss. Code Ann. § 21-15-25 (Rev. 2001) is applicable.”

James K. Littleton v. Carolyn McAdams (Miss. 2009). “6 Mississippi Code Section § 21-15-25 provides that “the governing authorities may annually appoint an attorney-at-law for the municipality.”

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