Tupelo Code of Ordinances § 18-1 Qualifications of judge.
Sec. 18-1. - Qualifications of judge.
The municipal judge shall be licensed to practice law in this state and shall also be a qualified elector of the city.
IN GENERAL
Tupelo Code of Ordinances ch. 18, art. I
in effectTupelo Code of Ordinances § 18-2 Powers and duties of judge.
Sec. 18-2. - Powers and duties of judge.
(a) The municipal judge shall have the jurisdiction to hear and determine, without a jury and without a record of the testimony, all violations of the municipal ordinances and state misdemeanor laws made offenses against the municipality and to punish offenders therefor as may be prescribed by law. He may sit as a committing court in all felonies committed within the municipality, and he shall have the power to bind over the accused to the grand jury or to appear before the proper court having jurisdiction to try the same, and to refuse bail and commit the accused to jail in cases not bailable. The municipal judge is a conservator of the peace within the city and may conduct preliminary hearings in all violations of the criminal laws of this state occurring within the city and any person arrested for a violation of law within the city may be brought before him for initial appearance.
(b) The municipal judge may solemnize marriages, take oaths, affidavits and acknowledgments, and issue orders, subpoenas, summonses, citations, warrants for arrest and other such process under seal of the court to any county or municipality, in a criminal case, to be executed by the lawful authority of the county or the municipality of the respondent, and enforce obedience thereto. The absence of a seal shall not invalidate the process.
(c) When a person shall be charged with an offense in municipal court punishable by confinement, the municipal judge, being satisfied that such person is an indigent person and is unable to employ counsel, may, in the discretion of the court, appoint counsel from the membership of the Mississippi State Bar residing in his county who shall represent him. Compensation for appointed counsel in criminal cases shall be approved and allowed by the municipal judge and shall be paid by the city. The maximum compensation shall not exceed one hundred dollars ($100.00) for any one (1) case. The mayor, subject to the approval of the board of aldermen may, in his discretion, appoint a public defender who must be a licensed attorney and who shall receive a salary to be fixed by the board of aldermen.
(d) The municipal judge is hereby authorized to suspend the sentence, and to suspend the execution of the sentence, or any part thereof, on such terms as may be imposed by the municipal judge. However, the suspension of imposition or execution of a sentence hereunder may not be revoked after a period of two (2) years.
(e) Upon prior notice to the city prosecuting attorney and upon a showing in open court of rehabilitation, good conduct for a period of two (2) years since the last conviction in any court and that the best interest of society would be served, the court may, in its discretion, order the record of conviction of a person of any or all misdemeanors in that court expunged, and upon so doing such person thereafter legally stands as though he had never been convicted of such misdemeanor(s) and may lawfully so respond to any query of prior convictions. This order of expungment does not apply to the confidential records of law enforcement agencies and has no effect on the driving record of a person maintained under MCA 1972, Title 63, or any other provision of such Title 63.
(f) In discretion of the court, a plea of nolo contendere may be entered to any charge in municipal court. Upon the entry of a plea of nolo contendere the court shall convict the defendant of the offense charged and shall proceed to sentence the defendant according to law. The judgment of the court shall reflect that the conviction was on a plea of nolo contendere. An appeal may be made from a conviction on a plea of nolo contendere as in other cases.
(g) The municipal court shall have the power to make rules for the administration of the court's business, which rules, if any, shall be in writing filed with the clerk of the court.
Tupelo Code of Ordinances § 18-3 Municipal judge pro tempore.
Sec. 18-3. - Municipal judge pro tempore.
The mayor, subject to the approval of the board of aldermen, shall have the power and authority to appoint a municipal judge pro tempore, who shall have the same powers and qualifications for office as the municipal judge and shall perform all duties of the municipal judge in the absence of such municipal judge. In the event a municipal judge pro tempore is not appointed or is absent or unable for any reason to serve, any justice court judge of the county or municipal judge of another municipality may serve in his place with the same power and authority upon designation by the municipal judge.
Tupelo Code of Ordinances § 18-4 Place court held.
Sec. 18-4. - Place court held.
The municipal court of the city, presided over by the municipal judge, shall be held in such building as designated by the board of aldermen from time to time.
Tupelo Code of Ordinances § 18-5 Presence of police required during sessions.
Sec. 18-5. - Presence of police required during sessions.
The chief of police or at least one (1) policeman detailed for the purpose, shall be present every day throughout each session of the municipal court to preserve order and to execute the orders of the court. Whenever the municipal judge shall require it, the chief of police and such number of policemen as the municipal judge may deem necessary shall be present for the above purposes.
Tupelo Code of Ordinances § 18-6 Trial docket required.
Sec. 18-6. - Trial docket required.
There shall be a trial docket kept by the clerk of the court on which shall be entered the true name of every person brought before him for the trial, the date of docketing, the offense with which each person is charged, the name of the person by whom the affidavit is made alleging the offense, the name of the policemen making the arrest, the names of the counsel appearing in the case, the names of all witnesses, and such other entries may be made as may be proper and convenient. After the case is disposed of, the municipal judge must enter on the docket his formal judgment at the proper place provided for same, and sign his name thereto. The cases on the trial docket shall be numbered consecutively and each case shall be properly numbered.
Tupelo Code of Ordinances § 18-7 Procedure upon arrest.
Sec. 18-7. - Procedure upon arrest.
When any person is arrested, with or without a warrant, for a violation of any of the laws of the state under the grade of felonies and ordinances, such person shall be admitted to bond and his case disposed of in accordance with MCA 1972, §§ 21-23-8, 21-23-17 and 21-23-19.
Tupelo Code of Ordinances § 18-8 Rules of evidence, examination of witnesses.
Sec. 18-8. - Rules of evidence, examination of witnesses.
The rules of evidence and the examination of witnesses in a trial in the municipal court shall be the same as that in state courts.
Tupelo Code of Ordinances § 18-9 Right of accused to know charge, plead, have counsel, fair trial.
Sec. 18-9. - Right of accused to know charge, plead, have counsel, fair trial.
(a) Every person charged with an offense, before being put upon trial, shall be informed by affidavit in writing, made by some responsible person, of the nature and cause of the accusation, which, on arraignment, shall be read to the accused in open court, and opportunity given for the entering of such plea thereto as he may voluntarily wish or elect to do.
(b) Every person accused shall have the privilege of defending himself, by counsel or by himself, or both, as to him may seem proper; and no one shall be fined or punished without opportunity of being heard in his defense.
(c) On a plea of "not guilty" being entered, the court shall proceed with the trial of the cause, unless for reasons the cause be continued as provided in section 18-10. On the trial the accused shall be confronted by the witnesses against him and shall have the privilege of cross examination, and shall have compulsory process for obtaining witnesses in his own behalf before and during the progress of the trial.
Tupelo Code of Ordinances § 18-10 Continuances authorized.
Sec. 18-10. - Continuances authorized.
The city shall announce first, if it is ready for trial. All applications for continuances shall be addressed to the sound discretion of the court; and where the ends of justice appear to require it, cases may be continued.
Tupelo Code of Ordinances § 18-11 Determination of sentence.
Sec. 18-11. - Determination of sentence.
If, after hearing the evidence, on a plea of not guilty, it is determined by the court that the defendant is guilty as charged, or if the defendant on arraignment enters a plea of guilty, the municipal judge shall impose such penalty, authorized by law, as in his discretion, may seem right and just under the circumstances.
Tupelo Code of Ordinances § 18-12 Authority to dismiss petty offenders.
Sec. 18-12. - Authority to dismiss petty offenders.
In prosecution for petty offenses, the municipal judge, if, in his discretion, the ends of justice will be conserved thereby, may, on motion, dismiss the proceedings and discharge the defendant, upon the payment of all or such part of the costs as the municipal judge, in his discretion, may require; provided, the party injured, if there be such party interested, shall acknowledge to have received satisfaction.
Tupelo Code of Ordinances § 18-13 Authority to require peace bond.
Sec. 18-13. - Authority to require peace bond.
In all cases where there is reason to apprehend any person for a breach of the peace, or violation of any ordinance, or where any person is convicted of any violation of any ordinance, the municipal judge may require bond, with good security, in such an amount as he may deem reasonable, that such person shall be of good behavior for a term not exceeding twelve (12) months. If the person shall neglect or refuse to give such bond, he shall be punished as the municipal judge may require, not to exceed the limits of section 1-8 of this Code.
Tupelo Code of Ordinances § 18-14 Disposition of funds collected by court.
Sec. 18-14. - Disposition of funds collected by court.
All fines and costs and penalties for violations of law in cases tried in the municipal court, and all forfeitures on bonds and recognizances in such court, shall be for the use and benefit of the city, and when collected shall be immediately deposited in an official city depository after receiving a receipt warrant from the city clerk. The city treasurer shall place such moneys to the credit of the general fund.
Tupelo Code of Ordinances § 18-15 Probation program.
Sec. 18-15. - Probation program.
(a) There is hereby established the Tupelo Municipal Court Probation Program pursuant to MCA 1972, § 21-23-1 et seq., and related statutes, as a system of intervention with the purpose of providing rehabilitation and monitoring of an offender's behavior with the hope that further or repeat offenses, or a more serious violation of the law will not occur for this offender, that the offender can be assisted in relieving any situation which may have contributed to the offense, and that the offender and community may be better served thereby.
(b) The responsibility of carrying out the provisions and guidelines of this program shall devolve on the mayor and board of aldermen through the municipal court and judge and the municipal court probation counselors or case management specialists, who shall be vested with the charge, administration, and custody of persons under the program. Enforcement power shall vest in the municipal court by contempt power or other measures under the law available to the court.
(c) Upon conviction by or plea of guilty or nolo contendere to the municipal court, the court, when satisfied that the ends of justice and the best interest of the public as well as the offender will be served thereby, may suspend the imposition or execution of sentence, or any part thereof, and place the offender on probation for such period and upon such terms and conditions as the court deems best.
(d) Probation may be granted whether the offense is punishable by fine or imprisonment or both. If an offense is punishable by both fine and imprisonment, the court may impose a fine and place the defendant on probation as to imprisonment. Probation may be limited to one (1) or more courts, but, in the absence of express limitation shall extend to the entire sentence and judgment.
(e) The court may revoke or modify any condition of probation, or may change the period of probation, but the entire period of probation, together with any extensions thereof, shall not exceed six (6) months in duration.
(f) While on probation and among the conditions thereof, the defendant may be required to:
(1) Pay a fine in one (1) or several sums;
(2) Make restitution or reparation to aggrieved parties for actual damages or loss caused by the offense for which conviction was had;
(3) Avoid persons or places of disreputable or harmful character;
(4) Perform public service work pursuant to the municipal court service program and the conditions and requirements thereof;
(5) Remain within a specified area;
(6) Work faithfully at suitable employment so far as possible and provide for the support for any persons for whose support he is legally responsible;
(7) Complete initial information questionnaires and supply other information during the probation period.
(g) The probationer shall:
(1) Commit no offense against the laws of this municipality, this state, or any other state, or of the United States;
(2) Report to the probation counselor as directed.
(h) A person who fails to complete the conditions of his probation or who is charged with another offense within a year will be subject to revocation of the suspended portion of his sentence for the probation offense in addition to the penalty for the second offense, but the offender's liability for any fine or other punishment imposed as to which probation is granted, shall be fully discharged by the fulfillment of the terms and conditions of probation.
(i) At any time within the probation period, the court may issue a warrant for the probationer's arrest for violation of probation occurring during probation period. As speedily as possible after arrest, the probationer shall be taken before the court. Thereupon, the court may revoke the probation and require the offender to serve the sentence imposed, or any lesser sentence, and, if imposition of sentence was suspended, may impose any sentence which might originally have been imposed.
(j) The probation counselor shall be charged with the presentence, administrative, record keeping and reporting, and counseling functions of the program and shall act as liaison between the municipal court and the offender as well as between the court and defense attorneys. The probation counselor shall furnish to each probationer under his supervision a written statement of the conditions of probation and shall instruct him regarding the same.
(k) The probation counselor shall keep informed concerning the conduct and condition of each probationer under his supervision and shall report thereon to the court. He shall use all suitable methods, not inconsistent with the conditions imposed by the court, to aid probationers and to bring about improvements in their conduct and condition. Included in, but not limited to, the above duty, the probation counselor shall use a referral and treatment system for offenders of misdemeanor violations. The system shall include, where appropriate, comprehensive presentence investigations, initial and followup interviews, and either/or individualized one-to-one counseling, group therapy or structured intervention, and the Mississippi Alcohol Safety Education Program (MASEP).
(l) The probation counselors are hereby authorized to make and accept referrals to and by local agencies, such as Region III Mental Complex, Harbor House, Alcoholics Anonymous, Vocational Rehabilitation Center, Lee County Youth Corp., local physicians for substance abuse problems, and other state and local social service agencies. Referrals will be to these agencies for individuals who need more intensive treatment or services than what the municipal court probation program can provide.
(m) The probation counselors shall keep detailed records of their work; shall keep accurate and complete accounts of all monies collected from persons under their supervision, shall give receipts therefor, and shall make at least monthly returns thereof, and compile yearly financial reports; and shall perform such other duties as the court may direct.
(n) Appropriate and approved forms shall be executed by the municipal judge, court clerk, probation counselors, and offenders (and their attorneys, if applicable), and shall be filed with the record of the case.
(o) As guaranteed by the Privacy Act of 1974, the confidentiality of all information gathered under the program will be strictly enforced and the data obtained will be available only to authorized program personnel for specified program purposes. Data that are released will be in group summary form only, and no individual will be identified.
(p) If expectations concerning arrest and conviction rates are met, the municipal court probation program's budget would be obtained by funding provided for by the misdemeanor offenses which this program would serve. Fines would be collected in the usual manner. Operating expenses would be paid out of the city fund. The probation counselors along with the city clerk will be responsible to monitor the number and types of misdemeanor offenses brought before the municipal court. From this information, a monetary total will be obtained concerning the amount of monies that should be earmarked for the municipal court probation program. The probation counselors shall be considered and dealt with as city employees ultimately responsible to the mayor and board of aldermen. The probation counselors shall be directly responsible to and under the supervision and direction of the municipal court judge, the chief of police, and the city prosecutor's office.
(q) This section shall be filed with the clerk for public record as general written guidelines for the program but it is not intended to be all-inclusive and may be amended and expanded upon by the mayor and board of aldermen or by the court.
(r) This section shall be in addition and supplementary to other ordinances which are not in conflict with this section.
(Ord. of 12-1-81(1), §§ 1—17)
Tupelo Code of Ordinances § 18-16 Public service program.
Sec. 18-16. - Public service program.
(a) There is hereby established the Tupelo Municipal Court Public Service Program pursuant to MCA 1972, §§ 21-23-1 et seq., 47-1-41 through 47-1-47 and related statutes.
(b) The responsibility of carrying out the provisions and guidelines of the program established by this section shall devolve on the mayor and board of aldermen through the municipal court and judge and the persons hereinafter named and vested with the municipal court by contempt power or other measures under the law available to the court.
(c) Upon conviction by or plea of guilty or nolo contendere to the municipal court, the court, where the objects of justice would be more likely met and when it is in the best interest of the city, may in its discretion sentence an offender as a condition of the suspension of sentence or the execution of sentence or any part thereof or as an alternative to imposition of fine and/or incarceration, to a period of public service. Public service work shall be with one (1) of the departments of the city, or other exclusively public agency or organization designated by the mayor and board of aldermen and approved by the court. The sentence shall be specific as to the number of hours to be worked and shall be commensurate with the fine and/or imprisonment that would ordinarily have been imposed. A combination of fine and public service work may be ordered by the court.
(d) In cases where the municipal court has imposed sentence of fine and payment of costs therefor, and the offender fails to do so, the municipal court may order the offender to satisfy such fine and costs by performing public service work in one (1) of the departments of the city, or other exclusively public agency or organization designated by the mayor and board of aldermen and approved by the court. The offender shall be credited toward satisfaction of his fine at a monetary rate per hour commensurate with the hourly rate of compensation ordinarily paid for work similar to the work being performed by the offender, until such fine and costs are fully paid. The minimum monetary credit shall be the rate of the highest current federal minimum wage.
(e) In cases where an offender to serve a sentence of incarceration such an offender may voluntarily request that the court place him in the program. The court in its discretion may so order taking into consideration the nature of the offense, the public safety and welfare, the reasons for its original sentence of confinement and other factors thereof.
(f) An offender shall not be incarcerated if the offender is financially unable to pay a fine and so states to the court in writing, under oath, after sentence is pronounced, and the court so finds (except if the offender failed or refused to comply with a prior sentence pursuant to MCA 1972, § 99-19-20), but such an offender may be required to perform public service work as prescribed herein.
(g) The municipal court probation counselors shall be charged with the presentence, administrative, record keeping and reporting, and counseling functions of the program. For potential program eligible offenders or at the court's request, a presentence report shall be made consisting of the offender's criminal history, education level, employment history, ability of the offender to perform work, the financial resources of the defendant, the other obligations (primarily family) of the defendant, and such other information as the court may deem necessary. The probation counselors shall furnish to each offender ordered under their supervision a written statement of the conditions of the program, probation, or suspension and shall instruct him regarding the same. They shall keep detailed records of their work and shall make such reports in writing as the court or the mayor and board may require.
(h) The chief executive of each city department or the head of the approved agency or organization (which individual shall also be approved by the mayor, board, and court), shall have custody and charge of any offender ordered by the court to perform public service work in that department, agency or organization, while the offender is at work. Such executive shall determine what is to be done (depending upon the needs of the city, the agency, or the organization, and the ability of the offender) and determine the rate of monetary credit. The executive shall provide reasonable supervision of the offender either in person or by deputy. Such executive or approved agency head shall report on a form provided by the court, to the probation counselors, who shall in turn report to the court, whether the performance of the offender is satisfactory or unsatisfactory.
(i) Inherently dangerous work shall not be assigned to offenders. An offender shall not be required to work in excess of the hours ordered by the court or in excess of the amount required for satisfaction of his fine and costs. No offender shall be allowed to labor more than eight (8) hours per day, but shall be required, when able, to perform eight (8) hours' labor each day. Where appropriate and in the discretion of the court, weekend public service may be ordered.
(j) When assigned to perform public service work by the court, the offender must report at the time and place ordered by the court and his supervisor/counselor and must render satisfactory and full performance. If substantial compliance with the program or satisfactory performance of the public service work is not rendered the offender may be charged with contempt of court and if convicted may be sentenced as provided by law.
(k) Offenders ordered to perform public service under this program shall be deemed, unless otherwise ordered by the court, on probation with the municipal court probation program and subject to the conditions and requirements thereof.
(l) Appropriate and approved forms shall be executed by the municipal judge, department executive or agency head, probation counselors, and offenders and shall be filed with the record of the case. The municipal court clerk shall keep a record of the satisfaction of fines under this program and make it a part of the annual report of the municipal court.
(m) In the spirit of cooperation and mutual benefit, the mayor and board of aldermen are authorized to extend the program by agreeing with the county board of supervisors, court justice courts, or county circuit court on terms for the working of the municipal offenders with the public works programs of the county and they in turn reciprocating whenever appropriate, with the working of county offenders in the municipal program. In so doing, the mayor and board of aldermen shall not agree to credit more per working time period for the labor of any county offender than in its judgment such labor is worth to the city, in order that in working of such county offenders the city shall not do so at a loss.
(n) This section shall be filed with the clerk for public record as general written guidelines for the program but is not intended to be all-inclusive and may be amended and expanded upon by the mayor and board of aldermen or the court.
(o) This section shall be in addition and supplementary to other ordinances which are not in conflict herewith.
(Ord. of 12-1-81(2), §§ 1—15)
Source: City of Tupelo, Mississippi, Code of Ordinances and Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/ms/tupelo/codes/code_of_ordinances?nodeId=COOR_CH18MUCO_ARTIINGEFetched: 11/1/2026