Margaret Alfonso
Office of the Attorney GeneralSeptember 21, 2012
2012 WL 6065235 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 Opinion No. 2012-00464
*1 September 21, 2012
Re: Youth Court Jurisdiction
*1 Margaret Alfonso
*1 Youth Court Judge
*1 P. O. Box 7017
*1 Gulfport, MS 39506
Dear Judge Alfonso:
*1 Attorney General Jim Hood has received your request and has assigned it to me for research and reply. Your question concerns a fourteen year old charged with kidnapping in July 2012. While out on bond the youth has been charged with two misdemeanors, carrying a concealed weapon in violation of Section 97-37-1 of the Mississippi Code and with malicious mischief in violation of Section 97-17-67.
ISSUE
*1 Would B. T. D.'s misdemeanor cases be handled in Youth Court or in the adult system?
RESPONSE
*1 The misdemeanor cases would be handled in the appropriate adult court. Section 43-21-159 (8) provides:
*1 (8) When jurisdiction of an offense is transferred to the circuit court, or has when a youth committed an act which is in original circuit court jurisdiction pursuant to Section 43-21-151, the jurisdiction of the youth court over the youth for any future offenses is terminated, except that jurisdiction over future offenses is not terminated if the circuit court transfers or remands the transferred case to the youth court or if a child who has been transferred to the circuit court or is in the original jurisdiction of the circuit court is not convicted. However, when jurisdiction of an offense is transferred to the circuit court pursuant to this section or when an offense committed by a youth is in original circuit court jurisdiction pursuant to Section 43-21-151, the circuit court shall thereafter assume and retain jurisdiction of any felony offenses committed by such youth without any additional transfer proceedings. Any misdemeanor offenses committed by youth who are in circuit court jurisdiction pursuant to this section or Section 43-21-151 shall be prosecuted in the court which would have jurisdiction over that offense if committed by an adult without any additional transfer proceedings. The circuit court may review the transfer proceedings on motion of the transferred child. Such review shall be on the record of the hearing in the youth court. The circuit court shall remand the offense to the youth court if there is no substantial evidence to support the order of the youth court. The circuit court may also review the conditions of custody or release pending criminal court proceedings.
*1 (Emphasis added).
*1 It is the opinion of this office that the underlined language provides that once the youth committed an act which is in original jurisdiction of circuit court (kidnapping) youth court jurisdiction over the youth is terminated for future offenses (misdemeanors) until the youth is “not convicted” of the kidnapping offense. The statute clearly does not provide that youth court retains jurisdiction of the subsequent offenses “until the youth is convicted”.
*1 Also, the statute provides unequivocably that “any misdemeanor offenses committed by youth who are in circuit court jurisdiction pursuant to this section or Section 43-21-151 shall be prosecuted in the court which would have jurisdiction over that offense if committed by an adult.” Obviously, the child is in original circuit court jurisdiction.
*2 The purpose of the statute is to remove youth court jurisdiction during the pendency of the circuit court jurisdiction so that the proper adult court would handle all of the minors offenses until such time as the minor is not convicted i.e., found not guilty or the case dismissed. To interpret the statute otherwise would place the minor in circuit court and youth court jurisdiction at the same time which is not the intent of the statute.
2012 WL 6065235 (Miss.A.G.)
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