Mississippi Code

Miss. Code Ann. § 21-23-7 (2026)

Powers and duties of municipal judge; mayor serving as municipal judge

✓ current as of July 2026

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(1) The municipal judge shall hold court in a public building designated by the governing authorities of the municipality, or may hold court in an adult detention center as provided under this subsection, and may hold court every day except Sundays and legal holidays if the business of the municipality so requires; provided, however, the municipal judge may hold court outside the boundaries of the municipality but not more than within a sixty-mile radius of the municipality to handle preliminary matters and criminal matters such as initial appearances and felony preliminary hearings. The municipal judge may hold court outside the boundaries of the municipality but not more than within a one-mile radius of the municipality for any purpose; however, a municipal judge may hold court outside the boundaries of the municipality more than within a one-mile radius of the municipality when accepting a plea of a defendant at an adult detention center within the county. The municipal judge shall have the jurisdiction to hear and determine, without a jury and without a record of the testimony, all cases charging violations of the municipal ordinances and state misdemeanor laws made offenses against the municipality and to punish offenders therefor as may be prescribed by law. Except as otherwise provided by law, criminal proceedings shall be brought by sworn complaint filed in the municipal court. Such complaint shall state the essential elements of the offense charged and the statute or ordinance relied upon. Such complaint shall not be required to conclude with a general averment that the offense is against the peace and dignity of the state or in violation of the ordinances of the municipality. He may sit as a committing court in all felonies committed within the municipality, and he shall have the power to bind over the accused to the grand jury or to appear before the proper court having jurisdiction to try the same, and to set the amount of bail or refuse bail and commit the accused to jail in cases not bailable. The municipal judge is a conservator of the peace within his municipality. He may conduct preliminary hearings in all violations of the criminal laws of this state occurring within the municipality, and any person arrested for a violation of law within the municipality may be brought before him for initial appearance. The municipal court shall have jurisdiction of any case remanded to it by a circuit court grand jury. The municipal court shall have civil jurisdiction over actions filed pursuant to and as provided in Title 93, Chapter 21, Mississippi Code of 1972, the Protection from Domestic Abuse Act.

(2) In the discretion of the court, where the objects of justice would be more likely met, as an alternative to imposition or payment of fine and/or incarceration, the municipal judge shall have the power to sentence convicted offenders to work on a public service project where the court has established such a program of public service by written guidelines filed with the clerk for public record. Such programs shall provide for reasonable supervision of the offender and the work shall be commensurate with the fine and/or incarceration that would have ordinarily been imposed. Such program of public service may be utilized in the implementation of the provisions of Section 99-19-20, and public service work thereunder may be supervised by persons other than the sheriff.

(3) The municipal judge may solemnize marriages, take oaths, affidavits and acknowledgments, and issue orders, subpoenas, summonses, citations, warrants for search and arrest upon a finding of probable cause, and other such process under seal of the court to any county or municipality, in a criminal case, to be executed by the lawful authority of the county or the municipality of the respondent, and enforce obedience thereto. The absence of a seal shall not invalidate the process.

(4) When a person shall be charged with an offense in municipal court punishable by confinement, the municipal judge, being satisfied that such person is an indigent person and is unable to employ counsel, may, in the discretion of the court, appoint counsel from the membership of The Mississippi Bar residing in his county who shall represent him. Compensation for appointed counsel in criminal cases shall be approved and allowed by the municipal judge and shall be paid by the municipality. The maximum compensation shall not exceed Two Hundred Dollars ($200.00) for any one (1) case. The governing authorities of a municipality may, in their discretion, appoint a public defender(s) who must be a licensed attorney and who shall receive a salary to be fixed by the governing authorities.

(5) The municipal judge of any municipality is hereby authorized to suspend the sentence and to suspend the execution of the sentence, or any part thereof, on such terms as may be imposed by the municipal judge. However, the suspension of imposition or execution of a sentence hereunder may not be revoked after a period of two (2) years. The municipal judge shall have the power to establish and operate a probation program, dispute resolution program and other practices or procedures appropriate to the judiciary and designed to aid in the administration of justice. Any such program shall be established by the court with written policies and procedures filed with the clerk of the court for public record. Subsequent to original sentencing, the municipal judge, in misdemeanor cases, is hereby authorized to suspend sentence and to suspend the execution of a sentence, or any part thereof, on such terms as may be imposed by the municipal judge, if (a) the judge or his or her predecessor was authorized to order such suspension when the sentence was originally imposed; and (b) such conviction (i) has not been appealed; or (ii) has been appealed and the appeal has been voluntarily dismissed.

(6) Upon prior notice to the municipal prosecuting attorney and upon a showing in open court of rehabilitation, good conduct for a period of two (2) years since the last conviction in any court and that the best interest of society would be served, the court may, in its discretion, order the record of conviction of a person of any or all misdemeanors in that court expunged, and upon so doing the said person thereafter legally stands as though he had never been convicted of the said misdemeanor(s) and may lawfully so respond to any query of prior convictions. This order of expunction does not apply to the confidential records of law enforcement agencies and has no effect on the driving record of a person maintained under Title 63, Mississippi Code of 1972, or any other provision of said Title 63.

(7) Notwithstanding the provisions of subsection (6) of this section, a person who was convicted in municipal court of a misdemeanor before reaching his twenty-third birthday, excluding conviction for a traffic violation, and who is a first offender, may utilize the provisions of Section 99-19-71, to expunge such misdemeanor conviction.

(8) In the discretion of the court, a plea of nolo contendere may be entered to any charge in municipal court. Upon the entry of a plea of nolo contendere the court shall convict the defendant of the offense charged and shall proceed to sentence the defendant according to law. The judgment of the court shall reflect that the conviction was on a plea of nolo contendere. An appeal may be made from a conviction on a plea of nolo contendere as in other cases.

(9) Upon execution of a sworn complaint charging a misdemeanor, the municipal court may, in its discretion and in lieu of an arrest warrant, issue a citation requiring the appearance of the defendant to answer the charge made against him. On default of appearance, an arrest warrant may be issued for the defendant. The clerk of the court or deputy clerk may issue such citations.

(10) The municipal court shall have the power to make rules for the administration of the court's business, which rules, if any, shall be in writing filed with the clerk of the court and shall include the enactment of rules related to the court's authority to issue domestic abuse protection orders pursuant to Section 93-21-1 et seq.

(11) The municipal court shall have the power to impose punishment of a fine of not more than One Thousand Dollars ($1,000.00) or six (6) months imprisonment, or both, for contempt of court. The municipal court may have the power to impose reasonable costs of court, not in excess of the following:

Dismissal of any affidavit, complaint or charge in municipal court ....................	$ 50.00
Suspension of a minor's driver's license in lieu of conviction ....................	$ 50.00
Service of scire facias or return "not found" ....................	$ 20.00
Causing search warrant to issue or causing prosecution without reasonable cause or refusing to cooperate after initiating action ....................	$ 100.00
Certified copy of the court record ....................	$ 5.00
Service of arrest warrant for failure to answer citation or traffic summons ....................	$ 25.00
Jail cost per day - actual jail cost paid by the municipality but not to exceed ....................	$ 35.00
Service of court documents related to the filing of a petition or issuance of a protection from domestic abuse order under Title 93, Chapter 21, Mississippi Code of 1972 ....................	$ 25.00
Any other item of court cost ....................	$ 50.00

(12) A municipal court judge shall not dismiss a criminal case but may transfer the case to the justice court of the county if the municipal court judge is prohibited from presiding over the case by the Canons of Judicial Conduct and provided that venue and jurisdiction are proper in the justice court. Upon transfer of any such case, the municipal court judge shall give the municipal court clerk a written order to transmit the affidavit or complaint and all other records and evidence in the court's possession to the justice court by certified mail or to instruct the arresting officer to deliver such documents and records to the justice court. There shall be no court costs charged for the transfer of the case to the justice court.

(13) A municipal court judge shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped, there was no disposition of such case or the person was found not guilty at trial.

(14) For violations of municipal ordinances related to real property, the municipal judge shall have the power to order a defendant to remedy violations within a reasonable time period as set by the judge, and at the discretion of the judge, the judge may simultaneously authorize the municipality, at its request, the option to remedy the violation itself, through the use of its own employees or its contractors, without further notice should the defendant fail to fully do so within the time period set by the judge. Subsequent to the municipality remedying the violation, the municipality may petition the court to assess documented cleanup costs to the defendant, and, if, following a hearing on such petition, the judge determines (a) the violations were not remedied by the defendant within the time required by the court, (b) that the municipality remedied the violation itself after such time period expired and (c) that the costs incurred by the municipality were reasonable, the court may assess the costs to the defendant as a judgement, which may be enrolled in the office of the circuit clerk.

Codes, 1892, § 3001; 1906, §§ 3398, 3399; Hemingway's 1917, §§ 5926-5929; 1930, §§ 2535-2537; 1942, §§ 3374-103, 3374-104; Laws, 1910, ch. 169; Laws, 1936, ch. 276; Laws, 1950, ch. 491, §§ 103, 104; Laws, 1958, ch. 517, §§ 1, 2; Laws, 1960, ch. 424; Laws, 1976, ch. 312; Laws, 1979, ch. 401, § 4; Laws, 1987, ch. 380, § 1; Laws, 1988, ch. 564, § 1; Laws, 1991, ch. 322, § 1; Laws, 1996, ch. 454, § 1; Laws, 1997, ch. 417, § 1; Laws, 2000, ch. 619, § 1; Laws, 2007, ch. 495, § 3; Laws, 2009, ch. 374, § 2; Laws, 2009, ch. 545, § 8, eff. 7/1/2009.

Amended by Laws, 2021, ch. 319, HB 354,§ 1, eff. 7/1/2021.

Amended by Laws, 2020, ch. 368, HB 273,§ 1, eff. 7/1/2020.

Amended by Laws, 2019, ch. 466, HB 1352,§ 39, eff. 7/1/2019.

Amended by Laws, 2017, ch. 399, HB 51, 4, eff. 7/1/2017.

Amended by Laws, 2013, ch. TBD, HB 80,§ 1, eff. 7/1/2013.

Notes of Decisions

Cited in 39 cases (6 in the last 5 years), 1981–2025 · leading case: Wheeler v. Stewart, 798 So. 2d 386 (Miss. 2001).

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Wheeler v. Stewart, 798 So. 2d 386 (Miss. 2001). · cites it 7× “The duties of a municipal court judge are outlined in Miss.Code Ann. § 21-23-7 (Supp.2000). Wheeler argues that Judge Stewart should have followed the procedures set forth in § 21-23-7(9) and that because he did not, he exceeded the authority of this section, which reads in…”

Collins v. State, 594 So. 2d 29 (Miss. 1992). · cites it 4× “" Miss. Code Ann. § 21-23-7 (1972). This Court has held, however, that when a municipality incorporates a state-defined misdemeanor as an offense against the municipality, an act is considered an offense against the municipality only if the municipality brings the action.”

Miss. Com'n on Jud. Performance v. Britton, 936 So. 2d 898 (Miss. 2006). · cites it 2× “§ 9-11-18 (giving justice court judges similar powers as municipal court judges as found in Miss.Code Ann. § 21-23-7, which allows municipal judges to refuse bail).”

Mississippi Comm'n on Jud. Performance v. Smith, 109 So. 3d 95 (Miss. 2013). · cites it 8× “The powers and duties of a municipal-court judge are prescribed by Mississippi Code Section 21-23-7. It states, in part, that a “municipal judge shall have the jurisdiction to hear and determine .”

Fisher v. City of Eupora, 587 So. 2d 878 (Miss. 1991). · cites it 2× “A municipal court derives its jurisdiction from Miss. Code Ann. § 21-23-7 (Rev. 1990). The municipal judge is given jurisdiction to hear and determine, without a jury and without a record of the testimony, all cases charging violations of the municipal ordinances and state…”

Stewart v. Se. Foods, Inc., 688 So. 2d 733 (Miss. 1996). · cites it 3× “The provisions of Miss. Code Ann. § 21-23-7 (1991) clearly set forth a number of lenient sentences which a municipal judge may impose in criminal cases, including fines, public service work, suspended sentences, and probation, among others, but nowhere in said statute is a…”

Mississippi Comm'n on Jud. Performance v. Martin, 921 So. 2d 1258 (Miss. 2005). · cites it 2× “Additionally, Judge Martin contends that Section 9-11-18 of the Mississippi Code of 1972, as amended, gives Justice Court Judges similar powers as authorized for a Municipal Court Judge, which under certain conditions found in Section 21-23-7 of the Mississippi Code, allows a…”

Page v. Wiggins, 595 So. 2d 1291 (Miss. 1992). · cites it 2× “" Miss. Code Ann. § 21-23-7 (as amended 1991) (emphasis added).”

Brown v. Sudduth, 675 F.3d 472 (5th Cir. 2012). “” Miss.Code Ann. § 21-23-7 (1972). A Mississippi court rule provides that the initial appearance is the occasion for the determination of probable cause.”

Wildmon v. City of Booneville, 980 So. 2d 304 (Miss. Ct. App. 2007). · cites it 6× “The ticket shall include information which will constitute a complaint charging the offense for which the ticket was issued, and when duly sworn to and filed with a court of competent jurisdiction, prosecution may proceed thereunder.”

Bailey v. State, 728 So. 2d 1070 (Miss. 1997). · cites it 2× “" Miss.Code Ann. § 21-23-7(8). No corresponding statute appears to be in place for Justice Courts (such as the one in which Bailey originally pled nolo contendere ).”

Jefferson v. City of Hazlehurst, 936 F. Supp. 382 (S.D. Miss. 1995). · cites it 4× “have the power to bind over the accused to the grand jury or to appear before the proper court having jurisdiction" to try the same, and to set the amount of bail or refuse bail-” Miss. Code Ann. § 21-23-7 (1972). Clearly, concomitant with this power to set bail is the power to…”

Show all 39 citing cases →

— Miss. Code Ann. § 21-23-7(1) — 7 cases

Wheeler v. Stewart, 798 So. 2d 386 (Miss. 2001). “The duties of a municipal court judge are outlined in Miss.Code Ann. § 21-23-7 (Supp.2000). Wheeler argues that Judge Stewart should have followed the procedures set forth in § 21-23-7(9) and that because he did not, he exceeded the authority of this section, which reads in…”

Wildmon v. City of Booneville, 980 So. 2d 304 (Miss. Ct. App. 2007). “The ticket shall include information which will constitute a complaint charging the offense for which the ticket was issued, and when duly sworn to and filed with a court of competent jurisdiction, prosecution may proceed thereunder.”

Loveless v. City of Booneville, 972 So. 2d 723 (Miss. Ct. App. 2007).

Mississippi Comm'n on Jud. Performance v. Smith, 109 So. 3d 95 (Miss. 2013). “The powers and duties of a municipal-court judge are prescribed by Mississippi Code Section 21-23-7. It states, in part, that a “municipal judge shall have the jurisdiction to hear and determine .”

Lott v. City of Bay Springs, 960 So. 2d 525 (Miss. Ct. App. 2006).

— Miss. Code Ann. § 21-23-7(11) — 4 cases

Gibson v. Bd. of Supervisors of Calhoun Cnty., 656 So. 2d 312 (Miss. 1995).

Thomas v. State, 734 So. 2d 339 (Miss. Ct. App. 1999).

Pittman v. City of Waveland, Mississippi (S.D. Miss. 2023).

— Miss. Code Ann. § 21-23-7(13) — 2 cases

Koninedou F. Walker v. State of Mississippi, 270 So. 3d 110 (Miss. Ct. App. 2018).

Maurice Johnson a/k/a Maurice Antwan Johnson v. State of Mississippi (Miss. Ct. App. 2022).

— Miss. Code Ann. § 21-23-7(8) — 1 case

Bailey v. State, 728 So. 2d 1070 (Miss. 1997). “" Miss.Code Ann. § 21-23-7(8). No corresponding statute appears to be in place for Justice Courts (such as the one in which Bailey originally pled nolo contendere ).”

— Miss. Code Ann. § 21-23-7(9) — 2 cases

Robert F. Wheeler v. Jefferson B. Stewart (Miss. 1999).

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