Indigent counsel fees could soon be increased in Mississippi

• Lawmakers appear likely to pass legislation that raises attorney’s fees for indigent counsel, a first in some 40-plus years.

The Senate Appropriations Committee passed out a House bill Thursday morning increasing the pay for indigent counsel. The move sends the measure to the floor for consideration.

“It’s been a long time since this issue has been addressed,” said House Judiciary B Committee Chairman and bill author Kevin Horan (R) when the legislation passed. “I think it’s safe to say the fee hasn’t been increased in more than 30 years.”

Actually, the fee has not been raised in 40-plus years, according to Senate Appropriations Committee Chairman Briggs Hopson (R) on Thursday. During a brief discussion of HB 623, Senator John Polk (R) was shocked by that note and asked for clarification.

“Four zero?” he asked. When confirmed, he responded, “I am doubly shocked. Isn’t that cruel and unusual punishment?”

House Bill 623 caps compensation per circuit court case for indigent counsel at $5,000, up from the current $1,000. However, the bill states that if the case is not appealed to or does not originate in a court of record, the maximum compensation shall not exceed $1,000, up from $200.

In capital cases, two attorneys could be appointed at a rate capped at $10,000 per case, up from the current $2,000. If a capital case is appealed to the state supreme court, the attorney’s fees for service could not exceed $5,000, up from $1,000. This would continue to be in addition to all judge-approved expenses paid for by the county out of its general fund, the two-page bill reads.

Lawmakers are also working to implement other measures to provide public defense options in Mississippi.

“The plan… is to get a pilot program in parts of the state where they have a hard time with public defense,” Hopson said, adding that this legislation is a “stop gap measure” as that is being determined.

The bill now heads to the Senate floor for debate. If the legislation becomes law, it would go into effect on July 1, 2025.

In related news, the Senate passed a bill earlier this month that raised the salaries for criminal investigators. That bill awaits action in the House Appropriations Committee.