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H. B. No. 766 *HR26/R1794* ~ OFFICIAL ~ G1/2
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To: Judiciary B;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Bell (65th)
HOUSE BILL NO. 766
AN ACT TO AMEND SECTION 25-32-4, MISSISSIPPI CODE OF 1972, TO 1
INCREASE THE AUTHORIZED NUMBER OF FULL-TIME ASSISTANT PUBLIC 2
DEFENDERS WHO WILL PERFORM DUTIES IN THE SEVENTH CIRCUIT COURT 3
DISTRICT AND THE CAPITOL COMPLEX IMPROVEMENT DISTRICT (CCID) 4
INFERIOR COURT; TO PROVIDE THAT THOSE FULL-TIME ASSISTANT PUBLIC 5
DEFENDERS SHALL BE PROVIDED WITH OFFICE SPACE, EQUIPMENT AND 6
SUPPLIES, TWO INVESTIGATORS, TWO LEGAL SECRETARIES, AND ALL 7
REASONABLE EXPENSES OF OPERATING THE OFFICE, AT LEAST EQUAL TO OR 8
MORE THAN THE DISTRICT ATTORNEY OF THE SEVENTH CIRCUIT COURT 9
DISTRICT, SUBJECT TO AVAILABLE FUNDS SPECIFICALLY APPROPRIATED BY 10
THE LEGISLATURE; TO BRING FORWARD SECTIONS 25-32-3, 25-32-5 AND 11
25-32-7, MISSISSIPPI CODE OF 1972, WHICH RELATE TO APPOINTMENT OF 12
PUBLIC DEFENDERS AND ASSISTANT PUBLIC DEFENDERS, COMPENSATION FOR 13
PUBLIC DEFENDERS, AND OFFICE SPACE AND EXPENSES FOR PUBLIC 14
DEFENDERS, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED 15
PURPOSES. 16
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 17
SECTION 1. Section 25-32-4, Mississippi Code of 1972, is 18
amended as follows: 19
25-32-4. (1) The public defender of the Seventh Circuit 20
Court District may appoint * * * six (6) full-time assistant 21
public defenders, who shall perform duties in the Seventh Circuit 22
Court District and the Capitol Complex Improvement District (CCID) 23
Inferior Court. Such appointments shall be made in addition to 24
those authorized as of July 1, 2023 in Section 25-32-3. The 25
H. B. No. 766 *HR26/R1794* ~ OFFICIAL ~
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full-time assistant public defenders shall receive compensation in 26
an amount equal to the compensation paid to full-time assistant 27
public defenders in the Seventh Circuit Court District, subject to 28
available funds specifically appropriated by the Legislature. 29
(2) The full-time assistant public defenders appointed under 30
this section shall be provided with office space, equipment and 31
supplies, two (2) investigators, two (2) legal secretaries, and 32
all reasonable expenses of operating the office, at least equal to 33
or more than the District Attorney of the Seventh Circuit Court 34
District, subject to available funds specifically appropriated by 35
the Legislature. 36
SECTION 2. Section 25-32-3, Mississippi Code of 1972, is 37
brought forward as follows: 38
25-32-3. (1) When the office of public defender is 39
established, the circuit judge or the senior circuit judge, if 40
there be more than one (1) circuit judge, shall appoint a 41
practicing attorney to serve the county or counties as public 42
defender until the end of the term of office of the district 43
attorney and thereafter for a term of four (4) years and said term 44
shall coincide with the term of the district attorney. Such 45
appointee shall be selected from a list of two (2) or more 46
attorneys recommended by the county or regional bar association. 47
In the event a vacancy shall occur in the office of the public 48
defender, the circuit judge or the senior circuit judge, if there 49
be more than one (1) circuit judge, shall appoint another person 50
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to serve as public defender until the end of the regular term of 51
office. 52
(2) Assistant public defenders may be authorized by the 53
board of supervisors, or boards of supervisors if two (2) or more 54
counties are acting jointly. The public defender shall appoint 55
all assistant public defenders. Such assistant public defenders 56
may be compensated in such an amount as may be authorized by the 57
respective board of supervisors; provided, however, that in no 58
case may such assistant public defenders receive compensation in 59
an amount greater than that received by the public defender. 60
SECTION 3. Section 25-32-5, Mississippi Code of 1972, is 61
brought forward as follows: 62
25-32-5. Compensation for the public defender shall be fixed 63
by the board of supervisors or boards of supervisors, if two (2) 64
or more counties are acting jointly; provided, however, the 65
compensation for a public defender, who shall be full-time, 66
representing an entire circuit court district shall not be less 67
than the compensation of the district attorney, the compensation 68
for a public defender representing one (1) county shall not be 69
less than the compensation of the county prosecuting attorney and 70
the compensation for a public defender representing two (2) or 71
more counties, but less than the entire circuit court district, 72
shall not be less than the aggregate of the compensation for 73
county prosecuting attorneys of the counties served, but in no 74
event to exceed the compensation of the district attorney. No 75
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ST: Public defenders; authorize new assistants
and provide for office space and expenses for
those in Hinds County.
full-time public defender or full-time assistant public defenders 76
shall engage nor be associated with any person in the private 77
practice of law. Part-time public defenders or part-time 78
assistant public defenders may engage in the private practice of 79
the law as long as such practice does not relate to the 80
prosecution of criminal matters. 81
SECTION 4. Section 25-32-7, Mississippi Code of 1972, is 82
brought forward as follows: 83
25-32-7. (1) The public defender shall be provided with 84
office space, secretarial assistance, and all reasonable expenses 85
of operating the office, at least equal to or more than the county 86
prosecuting attorney, or the district attorney if the public 87
defender represents the entire circuit court district. The 88
compensation and expenses of the public defender's office shall be 89
paid by the county or counties if two (2) or more counties are 90
acting jointly. The funds shall be paid upon allowance by the 91
board of supervisors by order spread upon the minutes of the 92
board. 93
(2) The public defender is authorized to assign the duties 94
of and exercise supervision over all employees of the office 95
without regard to the source of funding for those employees. 96
SECTION 5. This act shall take effect and be in force from 97
and after July 1, 2026. 98