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Post Office Drawer
707
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Honorable Edward
E. Patten, Jr. Bethany V. Lewis Ola Berry Butch McCardle |
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Requirements For Setting Attorney Certification On Estate
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The State of
Mississippi is divided into twenty Chancery Court districts.
The Fifteenth Chancery Court District includes Copiah and Lincoln
Counties.
Our current
legal system, including our Chancery Court, was derived primarily from the
English legal system and is what we call the common law.
From these
roots came the Chancery Court in Mississippi, a court of “equity,”
established to hear and decide cases for which there was not a “full,
adequate and complete remedy at law.”
Under the
Mississippi constitution and by statute, the Chancery Court has
jurisdiction over the following types of cases:
(1) all matters in equity (which includes cases of fraud or
mistake, property rights, preservation of property, conveyances of
property, mortgages and liens on property, trusts, accountings,
injunctions, specific performance of contracts); (2) divorce and alimony
(including annulment, separate maintenance, child custody, child support,
division of marital assets/property); (3) matters testamentary and of
administration (including probate of wills, handling of estates either
with or without a will); (4) minors’ business (including emancipation of
minors, approving settlement of claims of minors, appointment and removal
of guardians); (5) cases of
idiocy, lunacy, and persons of unsound minds (including commitments to
institutions); and (6) all matters of which the Chancery Court had
jurisdiction when the state constitution came into existence.
The Youth Court, while set up as a separate entity, also falls
under the jurisdiction of the Chancery Court, and Youth Court Judges
(referees) are appointed by the Chancellor. A majority of the cases handled in Chancery Court are domestic cases, such as divorce, child support, and enforcement of prior support decrees, followed by probate and estate matters.
Relevant to
those parties with minor children obtaining divorces on the grounds of
irreconcilable differences, whether the parties represent themselves or
are represented by attorneys, our Chancery Court requires that both
parties read and sign a Divorce Information Sheet before an order of
divorce will be entered. This
sheet sets out various rights and responsibilities of the parties related
to child support, child custody, visitation, and payment of medical bills.
The goal of this sheet is to give the parties a tool which they can
use to handle disputes that may arise without the need to come back to
Court. Since the
implementation of this information sheet, very few cases have come back
before the Court on a contempt or modification issue on the matters
disclosed in the information sheet. As previously stated, Youth Court is a division of Chancery Court. In this ever growing area of concern, the Court in the Fifteenth Chancery Court District recognized a need to foster greater communication between the various agencies that address the problems of children. The Chancery Court entered an order establishing an inter-agency council in Copiah County made up of the representatives from the local schools, the Department of Human Services, Youth Court, the Department of Mental Health, and the Youth Court Prosecutor. This council meets once per month to discuss from a multi-disciplinary approach various situations, problems, and the like occurring in regard to the children and the youth in the county. All matters are held in the strictest confidence pursuant to court order. This approach has enabled the various agencies to cross barriers and find solutions that help children and expand resources.
Along the same
lines, the Court in the Fifteenth Chancery Court District has authorized in
Lincoln County a multi-disciplinary team related to certain children’s
issues. The team consists of
the District Attorney’s office, the Department of Human Services, Youth
Court, Child Advocacy Center, mental health professionals, law enforcement,
medical personnel, and school officials.
Those on the team share information regarding abuse/neglect, suicide
attempts, or any other life threatening situations in order to protect and
promote the best interests of children.
The Chancery
Court of the Fifteenth Chancery District has applied for Federal Grants to
fund and implement a community service work program for youth offenders.
This provides another disposition alternative for the Youth Court.
The Chancery
Court of the Fifteenth Chancery Court District endeavors to keep the
attorneys that practice in the district informed.
The Court publishes a quarterly newsletter, which is sent to all
attorneys in the district and those outside the district that request it.
The newsletter contains practice tips, procedural guidelines, and
summaries of recent changes in the law relative to Chancery Court practice.
Its purpose is to aid local attorneys coming before the Court in
keeping abreast of recent developments in the law, as well as to provide
reminders of current procedural requirements in chancery practice.
This helps attorneys represent their clients effectively and on a
more cost efficient basis. The Chancery Court of the Fifteenth Chancery Court District is continually looking for new and better ways to serve the needs of the parties coming before the Court, as well as the attorneys and the public at large, and is happy to entertain any suggestions of ways that it can better meet that goal. |
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