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To: Accountability,
Efficiency, Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Blackwell
SENATE BILL NO. 2273
AN ACT TO AMEND SECTION 25-5-1, MISSISSIPPI CODE OF 1972, TO 1
PROVIDE FOR THE REMOVAL OF APPOINTED STATE OFFICERS FOR CERTAIN 2
FORMS OF WILLFUL NEGLECT; AND FOR RELATED PURPOSES. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. Section 25-5-1, Mississippi Code of 1972, is 5
amended as follows: 6
25-5-1. (1) If any public officer, state, district, county 7
or municipal, shall be convicted or enter a plea of guilty or nolo 8
contendere in any court of this state or any other state or in any 9
federal court of any felony other than manslaughter or any 10
violation of the United States Internal Revenue Code, of 11
corruption in office or peculation therein, or of gambling or 12
dealing in futures with money coming to his or her hands by virtue 13
of his or her office, any court of this state, in addition to such 14
other punishment as may be prescribed, shall adjudge the defendant 15
removed from office; and the office of the defendant shall thereby 16
become vacant. If any such officer be found by inquest to be of 17
unsound mind during the term for which he or she was elected or 18
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appointed, or shall be removed from office by the judgment of a 19
court of competent jurisdiction or otherwise lawfully, his or her 20
office shall thereby be vacated; and in any such case the vacancy 21
shall be filled as provided by law. 22
(2) When any such officer is found guilty of a crime which 23
is a felony under the laws of this state or which is punishable by 24
imprisonment for one (1) year or more, other than manslaughter or 25
any violation of the United States Internal Revenue Code, in a 26
federal court or a court of competent jurisdiction of any other 27
state, the Attorney General of the State of Mississippi shall 28
promptly enter a motion for removal from office in the Circuit 29
Court of Hinds County in the case of a state officer, and in the 30
circuit court of the county of residence in the case of a 31
district, county or municipal officer. The court, or the judge in 32
vacation, shall, upon notice and a proper hearing, issue an order 33
removing such person from office, and the vacancy shall be filled 34
as provided by law. 35
(3) In addition to removal as the result of a criminal 36
conviction, an appointed state officer may be removed, and the 37
officer's position vacated, consistent with Article 6, Section 38
175, Mississippi Constitution of 1890, in the following manner: 39
(a) The Governor, the State Auditor, the Senate or the 40
House of Representatives, by resolution, may direct a complaint 41
under this section to the Attorney General setting out willful 42
neglect as grounds for removal. 43
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(b) In addition to any common law definitions of 44
willful neglect that may be recognized by the courts of this 45
state, willful neglect shall also consist of: 46
(i) Failure by the officer to respond to a 47
subpoena issued by a court, executive agency or legislative body; 48
(ii) Failure to comply with a court-ordered 49
repayment of any funds which have been misspent, or failure to 50
comply with an agreement with the State Auditor or the Attorney 51
General to repay such funds; or 52
(iii) Failure to attend more than three (3) 53
consecutive meetings of any board, commission or authority to 54
which the officer has been appointed unless circumstances exist 55
that justify the absence. 56
(4) Upon receipt of the complaint or resolution, the 57
Attorney General shall investigate the allegations against any 58
appointed state officer, and if determined to be well-founded, 59
shall petition the Hinds County Circuit Court, First Judicial 60
District, for the removal of the officer. The court, or the judge 61
in vacation, shall, upon notice and a proper hearing, issue an 62
order removing such person from office, and the vacancy shall be 63
filled as provided by law. 64
(5) Any officer removed by authority of this section shall 65
be barred from future service in any position that requires 66
appointment by the Governor, the Lieutenant Governor or any other 67
officer in the executive branch of government. 68
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ST: Appointed state officers; provide for the
removal of for certain forms of willful neglect.
SECTION 2. This act shall take effect and be in force from 69
and after July 1, 2026. 70