Judge Troy Odom

Miss. Code 97-5-49, simplified: An adult can't allow a party at their property where they know minors are drinking alcohol. Each incident = separate offense. Penalty: up to $1,000 fine, 6 months jail, or both. Exempt from this law are "legally protected religious activities."

Miss. Code § 97-5-3, simplified: A parent who willfully deserts or refuses to provide for the support and maintenance of their unemancipated child (whether legitimate or otherwise) commits a felony. 1st offense: up to 5 yrs or $100–$500 fine. Repeat: 2–5 yrs or $1k–$10k fine.

MCA 97-5-1, simplified: A parent or lawful custodian commits a crime by leaving a child under the age of six years somewhere with the intent to completely abandon the child. Punishment: up to seven years in prison.

MCA 97-3-15(1)(a): "The killing of a human being by the act, procurement or omission of another shall be justifiable . . . when committed by public officers, of those acting by their aid and assistance, in obedience to any judgment of a competent court." Sobering.

A simple request: Include specifics in your MRCP 15(a) Motion for Leave to Amend as to what you seek to amend. What new facts do you allege, causes of action or affirmative defenses are you adding. The Court spends way too much time comparing the two to figure it out.

@OakbrowF Probably why we don't see this crime prosecuted. In reality, mental commitments in chancery court require two medical affidavits from mental health care professionals. I suppose if both affidavits indicated sanity, but the court still committed the ward, that would be a problem.

@JudgeOdom I'm curious. How would the persecution prove a layman "knew" someone was sane?

MCA 97-3-13, simplified: Any person who maliciously sends to or confines in a psychiatric hospital or similar institution, any sane person as a person with a mental illness, knowing the person to be sane, shall be guilty of a felony.

This is a good time to review criminal statutes peripheral to chancery court, starting with Miss. Code Ann. 97-3-1 (simplified): It is a crime for a person to take a 15+ year old against their will by force, menace, fraud, etc., and compel or induce intercourse or marriage.

MCA 9-5-131, simplified: The clerk of the chancery court shall upon taking oath, give bond not to exceed $100,000. This bond shall cover all the clerk's official acts, and all moneys which come into their hands. The court may in a particular case, require additional bond.

@OakbrowF Separation of powers is a beautiful, but exasperating, thing.

@JudgeOdom All because some asshole in the legislature got upset when his buddy got put in jail for failure to pay the GAL.

Per MCA 9-5-91, for those cases in which a GAL is appointed, and the GAL's fee exceeds $1,000.00, the Chancery Clerk must submit to the Administrative Office of Courts the following info each month: 1. The Order of appointment; 2. The GAL's invoice; 3. Cont. . . . 1/

MCA 9-5-91, cont. 3. Any petition seeking recovery of GAL fees; 4. Any Order of contempt for nonpayment of fees. The clerk must submit this info despite any pending appeal, modification, or termination of the GAL's duties. And this section does not apply to Youth Court. 2/2

MCA 9-5-89, simplified: The court may appoint a GAL to any infant or defendant of unsound mind, & pay the GAL out of the estate of such party, but the appointment shall not be made except when the court considers it necessary for the protection of the defendant.

MCA 9-5-87, cont. At the chancellor's discretion, any person imprisoned for nonpayment of child support and imprisoned may be referred for placement in a restitution, house arrest, or restorative justice program, provided they qualify. 3/3

MCA 9-5-87, cont. However, any person so punished (by fine or imprisonment) shall be first cited to appear and answer. Any person so punished by a chancellor in vacation may apply to a Supreme Court Justice, who, for good cause shown, may supersede the punishment. 2/

MCA 9-5-87, simplified: The chancery court may punish any person for breach of injunction, or any other order or process of the court, by fine or imprisonment, or both. The judge may require bail for the appearance of the party to answer for contempt. 1/

MCA 9-5-85, cont. "Attachment" = A civil arrest order, akin to a bench warrant, directing the sheriff to pick the person up and bring them into the court. It is part of the court's coercive power to compel an appearance so the Court can enforce its decree. 3/3

MCA 9-5-85, cont.: "and if it be necessary or proper to enforce the appearance of the party, the court, on the return of the process executed and failure to appear, may issue an attachment, and may fine the party when brought in for a contempt." 2/

MCA 9-5-85, simplified: The Court shall have power to issue summons for any person, or subpoena for any witness, whose appearance in court may be deemed necessary for any purpose. . . . It shall be the duty of the person summoned or subpoenaed to attend the court . . . ." 1/

MCA 9-5-83, simplified: The court in estate or guardianship matters has jurisdiction to determine all issues in relation to the trust of the fiduciary, and all demands against them. This includes cases involving bonds.