Q The municipal court handles misdemeanor prosecutions of school teachers and personnel pursuant to Section 99-3-28, which requires a probable cause petition to be filed in circuit court prior to issuance of an arrest warrant. Since the adoption of the Mississippi Rules of criminal procedure, particularly Rules 2 and 3, is such a petition still required?

A Yes. Section 99-3-28 prohibits a municipal judge from entering a warrant against a licensed public school employee, counselor at an adolescent opportunity program, certified jail officer, or a sworn law enforcement officer until the circuit court judge’s hearing requirement is met. (Attorney General’s Opinion to Lawrence, Reynolds, January 11, 2019)