Robert Moore
Prentiss County Constable
1901-C East Chambers Drive
Booneville, Mississippi 38829
 

Re: Constables' Districts

Dear Constable Moore:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states:
 

I am the elected constable for the Northern District of Prentiss County. I have served the office for eighteen years. Until recently, I have been paid for my services by serving the court papers in the Northern District of Prentiss County, from where I am elected. However, a new justice court clerk has taken over, and he is alternating the process so that I serve papers both in the Northern District and in the Southern District. I much prefer to be paid only for my own district, since most of the factories are in that district, and this increases my income. Could you please inform me as to whether I should be serving papers only in the Northern district (where I am elected), or whether I should be serving papers all over the county on an alternating basis? Also, is the county obligated to pay me when I serve a warrant, but the Defendant does not end up paying this part of the cost? I frequently find that I serve warrants but receive little or no compensation because it is not collected from the criminal defendant.

In response to your first question, please find the attached MS AG Op., Enlow (October 13, 2000) which states that a justice court clerk has discretion in assigning process to a constable. Process does not have to assigned to a constable based on the district from where the process is served. Each constable has jurisdiction to serve process throughout the county.

In response to your second question, Mississippi Code Annotated Section 25-7-27(2) provides that if a defendant is found guilty and assessed a fine and court costs, the first proceeds collected from the defendant go to pay the constable's fees. If the defendant is indigent and cannot pay any costs, the defendant should be put on a work program to work off the fines and costs and as a result, the constable will not collect a fee.

If we may be of further service to you, let us know.

Very truly yours,

MIKE MOORE, ATTORNEY GENERAL

By: David K. Scott
Special Assistant Attorney General