Criminal Appeals from Municipal or Justice Courts in Mississippi

The Mississippi Court of Appeals recently addressed a common misconception regarding the unique appeals process of criminal misdemeanor cases in Mississippi. On December 8, 2015, the Court of Appeals handed down its Opinion in the case of Parks v. State, No. 2014-KM-01675-COA.

Cornelius Parks was convicted of a misdemeanor in Kemper County Justice Court.  He attempted to appeal his conviction to the Circuit Court of Kemper County, but the circuit court dismissed his appeal.  Why?  Well, the circuit court found that it did not have jurisdiction to hear the appeal, because it found Mr. Parks failed to perfect his appeal in that he failed to obtain both types of bonds required under the applicable rules.  The Court of Appeals reversed the circuit court, but remanded for further findings.  While the ultimate outcome of that case is yet to be determined, the opinion addresses an issue that comes up a lot in misdemeanor cases in Mississippi:   the difference in an "appearance bond" and a "cost bond."  

Uniform Circuit and County Court Rule 12.02 ("URCCC 12.02") governs appeals of misdemeanor cases from justice or municipal courts in Mississippi.  This Rule requires the person appealing (the "appellant") to file simultaneously "a written notice of appeal, and both a cost bond and an appearance bond (or cash deposit)" within 30 days of the lower court's judgment.

Litigants (and sometimes attorneys) often confuse the difference between a "cost bond" and an "appearance bond," although the difference between the two is very important.  An appearance bond is conditioned upon the appellant's appearance before the court, and if the appellant fails to appear at any time required by the court, the court can dismiss the appeal, and the appearance bond is then forfeited.  A "cost bond" must be posted to cover "all estimated court costs, incurred in both the appellate and lower courts (including, but not limited to fees, court costs, and amounts imposed pursuant to statute)."

Persons accused of misdemeanors in Mississippi who are convicted in either justice court or municipal court should know that they can appeal their conviction from either of those courts to the circuit court of that particular county (or the county court depending on the county).  However, the notice of appeal and both the appearance bond and cost bond must be filed with the circuit clerk within 30 days of the date of conviction in either the justice court or municipal court.  If the appellant perfects his/her appeal within this 30 day period, he/she will get a "trial de novo," which means he/she is entitled to a brand new trial.

This is a unique situation in Mississippi courts as it is different in Florida, where I began my legal career.  A link to the Court of Appeals opinion in Parks v. State may be found here.

Christopher Smith, Esq.
Smith & Holder, PLLC
228-206-7076 (Telephone)
chris@smithholder.com (email)
http://www.smithholder.com