If you've been charged with a crime in Mississippi, walking into court can be intimidating. Whether you're facing a misdemeanor in municipal court or a felony in circuit court, you’ll likely see a handful of people in the courtroom whose roles aren’t always obvious.
Here’s a breakdown of who’s who in a Mississippi courtroom, and what each person does.
1. The Judge
The judge is in charge of the courtroom. In lower courts, like municipal or justice court, the judge may decide whether or not to convict. In felony cases, the judge presides over legal rulings and trial procedures while a jury decides the verdict. The judge also sets bail, hears motions, and imposes sentencing if there's a conviction.
2. The Prosecutor
This is the attorney who represents the State of Mississippi. In municipal court, this might be a city prosecutor. In circuit court, it’s usually the district attorney or one of their assistants. Their job is to prove the charges against you beyond a reasonable doubt.
3. Your Lawyer (or the Public Defender)
If you’ve hired a private attorney (like me), that’s your defense lawyer—your voice in the courtroom. If you can't afford one, you may be assigned a public defender. Your lawyer’s job is to challenge the state's case, protect your rights, and advocate for the best outcome for you.
4. The Court Clerk
In municipal court and justice court, this person manages paperwork, keeps records, and schedules hearings. You may not interact with them much directly, but they're the administrative backbone of the court. In circuit court, this person is either the Circuit Clerk or a deputy Circuit Clerk. They keep the court's records and handle the jury. In every instance, they are invaluable resources.
5. The Bailiff
Often a deputy, the bailiff keeps order in the courtroom. They handle things like bringing in defendants from jail, swearing in witnesses, and passing evidence back and forth. If you're unsure where to sit or what to do, the bailiff may be the first person to help.
6. The Court Administrator (Sometimes)
In circuit court, they are the judge's right hand. They handle out-of-court communications with the judge, schedule hearings, and make sure that the judge's orders get filed with the circuit clerk and distributed to everyone.
6. The Court Reporter (Sometimes)
In circuit court, a court reporter is present to create a word-for-word transcript of the proceedings. In municipal courts and justice courts, there is no court reporter.
Every courtroom in Mississippi is a little different, but the structure and roles are largely the same, whether you're in Hinds County Circuit Court or a small-town municipal court.
Facing charges is stressful enough. Understanding the courtroom and its players won’t make your case go away, but it might make it a little less overwhelming.
Remember: Every case is different, and nothing in this post is legal advice. If you're facing criminal charges in Mississippi, don’t navigate it alone. Contact the Eichelberger Law Firm for a confidential consultation.