MS HB223

Amends Section 25-31-21 to establish procedures for appointing an attorney when a district attorney is absent, unable to perform duties, or disqualified, with compensation deducted from the district attorney's salary.

Allows the court or interested parties to petition for appointment of a special prosecutor if the district attorney is sick, absent, or unable to fulfill duties, requiring the court to hold a hearing if necessary.

Presumes an actual conflict of interest exists in cases involving death caused by a law enforcement officer during performance of official duties, requiring the court to appoint a special prosecutor rather than use the district attorney.

Requires courts to first contact the Office of Attorney General, Administrative Office of the Courts, or a local district attorney to determine attorney availability before appointing a private attorney as special prosecutor.

Amends Section 99-3-28 to require a special prosecutor appointed by the court to handle disposition of charges against law enforcement officers in cases involving death caused by the officer during performance of duties.