Title 25, Public Officers and Employees; Public Records

To the extent the district attorney’s office receives funds from any source, the district attorney may employ one or more part-time legal assistants who shall serve at the will and pleasure of the district attorney to assist in the performance of the duties of the district attorn…

(1) There is created in the State Treasury a special fund designated as the District Attorneys Operation Fund. The funds shall be administered by the Attorney General. The fund shall consist of monies deposited therein as provided in Section 99-19-72 and monies from any other sou…

Any district attorney, legal assistant to a district attorney or criminal investigator employed by a district attorney who retires under the Public Employees’ Retirement System for superannuation or for reason of disability shall be allowed to retain, as his personal property, on…

(1) The following number of full-time legal assistants are authorized in the following circuit court districts:(a) First Circuit Court Districtten (10) legal assistants.(b) Second Circuit Court Districteleven (11) legal assistants.(c) Third Circuit Court Districtsix (6) legal ass…

Legal assistants to district attorneys shall be regularly licensed and practicing attorneys having been duly admitted to practice before the Supreme Court of the State of Mississippi, and shall have the power and authority, under the direction and supervision of the district atto…

From and after July 1, 2006, in all circuit court districts in this state existing now or hereafter created, the district attorney shall receive from sums appropriated for such purpose from the General Fund or any special fund of the State of Mississippi, an office operating allo…

Should the board of supervisors of any county or the boards of supervisors of two (2) or more counties in the same circuit court district determine by order spread upon their minutes that the county or counties have a sufficient number of indigent defendant cases to establish an …

The duties of the public defender shall include the investigation of charges against the defendant and all facts surrounding the same, and shall include courtroom and appellate appearances on behalf of the defendant in all cases originating in state and county courts. The public …

(1) If the court finds that indigent defendants have such conflicts of interests that they all cannot be properly represented by the public defender, or when other good cause is shown in the trial court or on appeal, the court shall appoint separate counsel as provided in Section…

The office of public defender may be terminated, in the discretion of the board of supervisors, by entering an order upon the minutes of the board of supervisors six (6) months prior to the expiration of the term of the public defender. Such termination shall be effective at the …

The compensation, administrative staff, office space and secretarial assistance shall not be reduced or diminished but may be increased during the term of the public defender.

The public defender and the board of supervisors may cooperate with any individual or public agency, whether state or federal, or with any institution of higher learning of the State of Mississippi, to obtain by gift, grant or otherwise any financial, professional, investigatory …

(1) When the office of public defender is established, the circuit judge or the senior circuit judge, if there be more than one (1) circuit judge, shall appoint a practicing attorney to serve the county or counties as public defender until the end of the term of office of the dis…

The public defender of the Seventh Circuit Court District may appoint three (3) full-time assistant public defenders who shall perform duties in the Seventh Circuit Court District and the Capitol Complex Improvement District (CCID) Inferior Court. Such appointments shall be made …

Compensation for the public defender shall be fixed by the board of supervisors or boards of supervisors, if two (2) or more counties are acting jointly; provided, however, the compensation for a public defender, who shall be full-time, representing an entire circuit court distri…

(1) The public defender shall be provided with office space, secretarial assistance, and all reasonable expenses of operating the office, at least equal to or more than the county prosecuting attorney, or the district attorney if the public defender represents the entire circuit …

(1) When any person shall be arrested and charged with a felony, a misdemeanor or an act of delinquency, then the arresting authority shall afford such person an opportunity to sign an affidavit stating that such person is an indigent and unable to employ counsel. Upon the signin…

This chapter shall be known and may be cited as the “Revised Mississippi Law on Notarial Acts.”

(1) A notarial officer who takes an acknowledgment of a record, takes a verification of a statement on oath or affirmation (jurat), or witnesses or attests to a signature, must determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the…

(1) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is known personally to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. (2) A notaria…

If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature must appear physically in person before the notarial officer at the time of the notarial act.

(1) A notarial officer may refuse to perform a notarial act if the officer knows or suspects the transaction is illegal, false or deceptive, or if the officer is not satisfied that:(a) The individual executing the record is competent;(b) The individual executing the record has th…

If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert “Signature affixed by (name of other individual) at the direction of (nam…

(1) A notarial act may be performed in this state by:(a) A notary public of this state;(b) An elected judge, a clerk or deputy clerk of a court of this state; or(c) The Mississippi Secretary of State or a Mississippi Assistant Secretary of State. (a) A notary public of this state…

(1) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by:(a) A notary public of that state;(b) A judge, a clerk or a deputy clerk of a cour…

(1) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect under the laws of this state as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed…

(1) A notarial act performed under federal law has the same effect under the laws of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by:(a) A judge, clerk or deputy clerk of a court;(b) An individual in military …

(1) In this section, “foreign state” means a government other than the United States, a state of the United States or a federally recognized Indian tribe. (2) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the fore…

(a) As used in this chapter, the following words and phrases have the meanings ascribed in this section unless the context clearly requires otherwise:(a) “Acknowledgment” means a declaration by an individual in person before a notarial officer that the individual has signed a rec…

(1) A notarial act must be evidenced by a certificate. The certificate must:(a) Be executed contemporaneously with the performance of the notarial act;(b) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as …

(1) Every notary public appointed and commissioned must procure, at his own expense, a suitable official seal. The official seal of a notary public must:(a) Include the notary public’s name, jurisdiction, commission expiration date and other information required by the Secretary …

(1) A notary public is responsible for the security of the notary public’s stamping device and may not allow another individual to use the device to perform a notarial act. On resignation from, or the revocation or expiration of, the notary public’s commission, or on the expirati…

(1) A notary public must maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. (2) A journal must be created on a tangible or electronic medium. A notary public shall maintain only one (1) journal at a time to chronicle all no…

(1) A notary public may perform a notarial act with respect to electronic records pursuant to this chapter. (2) The Secretary of State has the sole power to determine the methods by which notarial acts with respect to electronic records may be implemented in this state. Those met…

(1) An individual qualified under subsection (2) may apply to the Secretary of State for a commission as a notary public. The applicant must comply with and provide the information required by rules established by the Secretary of State and pay any application fee. (2) An applica…

(1) The Secretary of State may deny, refuse to renew, revoke, suspend or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence or reliability to act as a notary public, including:(a) F…

(a) The Secretary of State must maintain an electronic database of notaries public:(a) Through which a person may verify the authority of a notary public to perform notarial acts; and(b) Which indicates whether a notary public has notified the Secretary of State that the notary p…

(1) A commission as a notary public does not authorize an individual to:(a) Assist persons in drafting legal records, give legal advice or otherwise practice law;(b) Act as an immigration consultant or an expert on immigration matters;(c) Represent a person in a judicial or admin…

Except as otherwise provided in Section 25-34-7(2), the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not…

This chapter applies to a notarial act performed on or after July 1, 2021.

The Secretary of State may adopt any rules necessary to implement this chapter after complying with the Mississippi Administrative Procedures Law.

A commission as a notary public in effect on July 1, 2021, continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after July 1, 2021, is subject to and must comply with this chapter. A notary public, in performing notari…

This chapter does not affect the validity or effect of a notarial act performed before July 1, 2021.

This chapter modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act, 15 USC Section 7001 et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 USC Section 7001(c), or authorize electronic delivery of any of the noti…