Whether your legal issue is a civil or criminal matter, contacting a Mississippi attorney can help you better understand the court system and laws pertaining to your case. Mississippi has eight (8) different courts with specific roles in the judicial system that handle the trial and appeal processes for all legal matters. Which court has jurisdiction over a case is determined by the parties and issues involved, as well as the amount in controversy of the case.
Trial Courts
The trial courts in Mississippi are broken down into two groups: Courts of General Jurisdiction and Courts of Limited Jurisdiction. The courts that have general jurisdiction are the Circuit Courts and Chancery Courts.
Circuit Courts
Felony criminal cases and civil lawsuits are heard before the Circuit Court. Additionally, Circuit Courts hear appeals from County, Justice and Municipal courts and from administrative boards and commissions.
Chancery Courts
The Chancery Courts have jurisdiction over cases regarding equity; domestic matters including adoptions, custody disputes, and divorces; guardianships; wills and trusts; and challenges to the constitutionality of state laws.
The courts of Limited Jurisdiction are the County, Justice, Municipal, Youth and Drug courts.
County Courts
The County Courts share jurisdiction with the Circuit and Chancery Courts in some civil matters, and have concurrent jurisdiction with Justice Courts in all matters, civil and criminal. There are twenty-four (24) counties which have a County Court, and thirty-four (34) County Court judges who serve four year terms.
County Courts can hear civil matters with an amount in controversy of less than $200,000. For criminal matters, County Courts may handle any non-capital felony cases transferred from the Circuit Court.
Justice Courts
Justice Courts have jurisdiction over small claims civil cases that involve amounts of $3,500 or less. The Justice Courts have jurisdiction over misdemeanor criminal cases and any traffic offense that occurs outside of a municipality. Justice Court judges may conduct bond hearings and preliminary hearings in felony criminal cases before sending the case to the grand jury or the proper court of jurisdiction.
Municipal Courts
Municipal Court is a city court that has jurisdiction over misdemeanor crimes, municipal ordinances and city traffic violations. A Municipal Court judge may conduct initial appearances, as well as bond hearings and preliminary hearings.
Youth Courts
The Youth Courts deal with civil and criminal matters involving juveniles, regarding abuse and neglect of a juvenile, as well as offenses committed by a juvenile. A “youth” is defined as someone who has not reached the age of eighteen (18). However, there are some exceptions in which the offense is treated as a crime and then transferred to the Circuit Court.
Drug Courts
The Drug Courts are special courts which handle crimes committed by persons addicted to drugs or alcohol, with mental health issues, or who are military veterans. Drug Courts are intervention courts that seek to rehabilitate offenders and curb criminal behavior. Mississippi’s Drug Court programs focus on rehabilitating adult and juvenile nonviolent drug offenders.
Appellate Courts
The Mississippi Supreme Court and the Court of Appeals operate in a two-tier appellate court system that review trial court decisions of law and fact.
Supreme Court
The Mississippi Supreme Court is the court of last resort among state courts and decisions from the Chancery, Circuit and County Courts and the Court of Appeals may be appealed to the Supreme Court. The Supreme Court has exclusive jurisdiction over annexations, bond issues, constitutionality challenges, death penalty cases, disciplinary matters involving attorneys and judges, election contests, certified questions from federal court, utility rates, cases of first impression and issues of broad public interest. All cases that are appealed from the trials courts are first appealed to the Supreme Court, and then it may assign the appeal to the Court of Appeals.
Court of Appeals
The Court of Appeals was created by the Mississippi legislature and began hearing cases in 1995 that are assigned to it by the Supreme Court. The Court of Appeals is an error correction court and decides appeals on issues in which the law is already settled, but the facts are in dispute. The Supreme Court may review Court of Appeals decisions. However, if the Supreme Court declines review, the Court of Appeals decision stands.
If you are involved in a civil or criminal case and looking for advice about your legal issue, contact Burch Law Firm today for a free initial consultation. Whether you have a personal injury claim, a family law issue, are in need of representation on a criminal matter, a workers’ compensation claim, or even a wills and estate issue, Burch Law Firm can help you. If your legal needs or claims are not something we can handle or we are unable to help with due to conflict, we will refer you to someone who can. Call, text, email or book an appointment online today.