Mississippi Advisory Opinions September 27, 2002: AGO 2002-0560 (September 27, 2002)

Advisory Opinion Text

The Honorable James A. Lagasse III

Hancock County Election Commission

Post Office Box 249

Bay Saint Louis, Mississippi 39520

Re: Candidate Qualifications (Non-Adjudication Statute)

Dear Mr. Lagasse:

Attorney General Mike Moore has received your letter of request and assigned it to me for research and reply. Your letter states:

The Hancock County Election Commissioners need an Attorney General's opinion on whether a candidate for the Hancock County School Board, District 5 is eligible to have his name placed on the ballot in the November election.

Enclosed is a copy of documentation that was presented to the Circuit Clerk's office by a citizen.

We would appreciate your reply as soon as possible. The Circuit Clerk's fax number is: 228-467-2779.

Mississippi Code Annotated, Section 99-15-26 (Revised 2000) is the “non-adjudication statute” that allows a defendant to plead guilty and the court to withhold adjudication of guilt while imposing conditions that must be met by the defendant over a period of time. It provides in part:

In all criminal cases, felony and misdemeanor, other than crimes against the person, the circuit or county court shall be empowered, upon the entry of a plea of guilty by a criminal defendant, to withhold acceptance of the plea and sentence thereon pending successful completion of such conditions as may be imposed by the court pursuant to subdivision (2) of this section........

Upon successful completion of the court-imposed conditions permitted by subdivision (2) of this section, the court shall direct that the cause be dismissed and the case be closed.

Pursuant to the provisions of the above quoted statute the acceptance of the plea of guilty is being withheld pending the successful completion of the conditions set forth in the Order of Nonadjudication. We are of the opinion that presently, in the instant case, there has been no conviction. Therefore, if your commission finds, consistent with the facts, that the individual in question is a qualified elector, has no previous felony convictions and meets all residency and other qualifications to hold the office he seeks, he would be eligible to have his name placed on the ballot.

Sincerely,

Mike Moore, Attorney General

Phil Carter, Special Assistant Attorney General.