§ 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.

State law reference

Similar provisions, MCA 1972, § 21-23-7.