Mississippi Code

Miss. Code Ann. § 25-4-19 (2026)

Powers of commission

✓ current as of July 2026

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The commission shall have the authority to do the following:

(a)
- (i) Make investigations, as provided in Section 25-4-21, with respect to statements of economic interest filed pursuant to this chapter and with respect to alleged failures to file any statement of economic interest as required pursuant to this chapter;
- (ii) Administratively impose a civil penalty as provided in Sections 25-4-29 and 25-4-109;

(b) Request the assistance of the Attorney General, the Performance Evaluation and Expenditure Review Committee, the Department of Audit and any other governmental agency or political subdivision in the conduct of any investigation in which a particular resource of an agency may be needed;

(c) Administer oaths and issue and serve subpoenas upon any witness or for the production of documents before the commission, and such subpoenas may include a protective order requiring confidentiality of the subpoena, the subject matter, and any documents subpoenaed, and such subpoenas shall be enforced by the courts of this state;

(d) Report when necessary, as provided in Section 25-4-21(e), to the Attorney General and appropriate district attorney;

(e) Upon a complaint signed under oath by any person, including any member of the commission or its staff or referred to the commission by the Joint Legislative Committee on Performance Evaluation and Expenditure Review, investigate, as provided in Section 25-4-21, any alleged violation of law by public officials or public employees;

(f) Seek, in the name of and for the use and benefit of the State of Mississippi, or a political subdivision thereof, restitution or other equitable or legal remedies in civil law to recover public funds or property unlawfully taken, as well as any unjust enrichment, although not public funds, and to recover on bonds where the state or a political subdivision thereof is the beneficiary;

(g) Employ an attorney or attorneys to:
- (i) Serve as a special prosecutor to assist the Attorney General or a district attorney; and
- (ii) File actions to seek restitution or other remedies to recover funds as provided in paragraph (f) of this section;

(h) Publish notices for posting in governmental offices that outline the jurisdiction and authority of the commission and the procedure for filing complaints and requesting opinions.

Laws, 1979, ch. 508, § 5; reenacted and amended, Laws, 1982, ch. 488, § 11; reenacted, Laws, 1986, ch. 348, § 11; Laws, 1988, ch. 546, § 2; reenacted, Laws, 1990, ch. 491, § 11; Laws, 1995, ch. 360, § 11; reenacted without change, Laws, 1998, ch. 350, § 11; Laws, 2008, ch. 562, § 5, eff. 8/5/2008 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).

Notes of Decisions

Cited in 7 cases, 1987–2003 · leading case: Frazier v. State by & Through Pittman, 504 So. 2d 675 (Miss. 1987).

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Frazier v. State by & Through Pittman, 504 So. 2d 675 (Miss. 1987). · cites it 4× “1983), because two members were appointed each by the Lieutenant Governor, the Speaker of the House of Representatives of the Legislature, and the Chief Justice of the Mississippi Supreme Court, that the Attorney general had not given his consent to file the suit, that the…”

Bd. of Trs. of State IHL v. Ray, 809 So. 2d 627 (Miss. 2002). “Miss.Code Ann. § 25-4-19 (1999) provides a listing of the statutory powers granted to the Ethics Commission.”

Hinds Cmty. Coll. Dist. v. Muse, 725 So. 2d 207 (Miss. 1998). “Miss.Code Ann. § 25-4-19(f) grants the Ethics Commission the power to: Seek, in the name of and for the use and benefit of the State of Mississippi, or a political subdivision thereof, restitution or other equitable or legal remedies in civil law to recover public funds or…”

Shelton v. Town of Hickory Flat, 724 So. 2d 1075 (Miss. Ct. App. 1998). “Moreover, the Mississippi Ethics Commission is statutorily empowered to investigate any alleged violation of law by a public official, Miss.Code Ann. § 25-4-19 (Supp.1998), and any complaint for such violation “may be initiated only by the Mississippi Ethics Commission or the…”

City of Jackson, Mississippi v. Carolyn Greene (Miss. 2003). · cites it 2× “” Miss. Code Ann. § 25-4-19 (Rev. 2003). If probable cause exists “for belief that a violation of law has occurred,” the Commission must refer the complaint and any evidence obtained during its investigation to the Mississippi Attorney General and the district attorney having…”

Hinds Cmty. Coll. v. Vernon Clyde Muse (Miss. 1997). “Miss. Code Ann. § 25-4-19 (f) grants the Ethics Commission the power to: Seek, in the name of and for the use and benefit of the State of Mississippi, or a political subdivision thereof, restitution or other equitable or legal remedies in civil law to recover public funds or…”

Mississippi State Institutions of Higher Learning v. Olon E. Ray (Miss. 2000). “Miss. Code Ann. § 25-4-19 (1999) provides a listing of the statutory powers granted to the Ethics Commission.”

— Miss. Code Ann. § 25-4-19(f) — 1 case

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