Mississippi legislation · 2026 Regular Session
Mississippi HB1399: District attorneys; require removal from office for certain indictments against.
Status: Failed, February 3, 2026
AN ACT TO PROVIDE THAT IF ANY DISTRICT ATTORNEY IS INDICTED FOR A CRIME RELATED TO THE OFFICE OF DISTRICT ATTORNEY OR FOR A CRIME OF MORAL TURPITUDE, HE OR SHE SHALL BE REMOVED FROM OFFICE BY THE GOVERNOR AND THE VACANCY SHALL BE FILLED AS PROVIDED BY LAW; TO PROVIDE CERTAIN COMPENSATION TO A DISTRICT ATTORNEY WHO IS REMOVED FROM OFFICE BUT THE CHARGES ARE DROPPED, HE OR SHE IS ACQUITTED OR OTHERWISE NOT CONVICTED; TO PROVIDE THAT A DISTRICT ATTORNEY'S REMOVAL FROM OFFICE SHALL NOT CREATE A PRESUMPTION OF GUILT FOR THE UNDERLYING CRIME; TO BRING FORWARD SECTIONS 23-15-833 AND 23-15-843, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR SPECIAL ELECTIONS FOR DISTRICT ATTORNEYS, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTIONS 25-5-1, 25-5-3, 25-5-5, 25-5-7, 25-5-9, 25-5-11, 25-5-13, 25-5-15, 25-5-17, 25-5-19, 25-5-21, 25-5-23, 25-5-25, 25-5-27, 25-5-29, 25-5-31, 25-5-33, 25-5-35 AND 25-5-37, MISSISSIPPI CODE OF 1972, WHICH PROVIDE A REMOVAL PROCESS FOR CERTAIN PUBLIC OFFICERS, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
What the bill says
An act to provide that if any district attorney is indicted for a crime related to the office of district attorney or for a crime of moral turpitude, he or she shall be removed from office by the governor and the vacancy shall be filled as provided by law; to provide certain compensation to a district attorney who is removed from office but the charges are dropped, he or she is acquitted or otherwise not convicted; to provide that a district attorney's removal from office shall not create a presumption of guilt for the underlying crime…
From the introduced text:
AN ACT TO PROVIDE THAT IF ANY DISTRICT ATTORNEY IS INDICTED FOR A CRIME RELATED TO THE OFFICE OF DISTRICT ATTORNEY OR FOR A CRIME OF MORAL TURPITUDE, HE OR SHE SHALL BE REMOVED FROM OFFICE BY THE GOVERNOR AND THE VACANCY SHALL BE FILLED AS PROVIDED BY LAW; TO PROVIDE CERTAIN COMPENSATION TO A DISTRICT ATTORNEY WHO IS REMOVED FROM OFFICE BUT THE CHARGES ARE DROPPED, HE OR SHE IS ACQUITTED OR OTHERWISE NOT CONVICTED; TO PROVIDE THAT A DISTRICT ATTORNEY'S REMOVAL FROM OFFICE SHALL NOT CREATE A PRESUMPTION OF GUILT FOR THE UNDERLYING CRIME; TO BRING FORWARD SECTIONS 23-15-833 AND 23-15-843, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR SPECIAL ELECTIONS FOR DISTRICT ATTORNEYS, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTIONS 25-5-1, 25-5-3, 25-5-5, 25-5-7, 25-5-9, 25-5-11, 25-5-13, 25-5-15, 25-5-17, 25-5-19, 25-5-21, 25-5-23, 25-5-25, 25-5-27, 25-5-29, 25-5-31, 25-5-33, 25-5-35 AND 25-5-37, MISSISSIPPI CODE OF 1972, WHICH PROVIDE A REMOVAL PROCESS FOR CERTAIN PUBLIC OFFICERS, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) If any district attorney is indicted for a crime related to the office of district attorney or for a crime of moral turpitude, he or she shall be removed from office by the Governor. The vacancy shall be …