Mississippi Advisory Opinions April 01, 2005: AGO 2005-0143 (April 01, 2005)

Advisory Opinion Text

Ms. Amelia G. Ramsey

Mr. Herlon Moore

Ms. Bonnie Faye Vaughn

Town of Golden Election Commissioners

Post Office Box 426

Golden, Mississippi 38847

Re: Restoration of Rights

Dear Commissioners:

Attorney General Jim Hood has received your letter of request and assigned it to me for research and reply. Your letter states.

As Election Officers of the Town of Golden in the State of Mississippi, we need a written opinion to clarify if Howard (Butch) Newcomb has had all rights restored by the Judicial System in order for him to run for an elected office. We need this opinion at the earliest possible date.

Attached is a copy of his Restoration of Rights issued by Honorable Frank Russell on August 27, 2001.

According to the copy of the order issued by the Prentiss County Circuit Court attached to your letter, Mr. Newcomb was convicted of receiving stolen property, a felony, in 1991.

Section 44, Mississippi Constitution of 1890 prohibits a convicted felon from holding an office of profit or trust.

The order restores all rights available pursuant to Section 97-37-5(3).

In our opinion addressed to Honorable Charles S. Head, Jr., dated January 11, 1995 we opined that a certificate of rehabilitation obtained pursuant to Mississippi Code Annotated, Section 97-37-5 (Revised 2000) only restores one's right to possess a weapon.

We have also previously opined that an executive order from the Governor restoring civil rights did not allow a convicted felon to be qualified as a candidate. MS AG Op. Nails (March 28, 2003).

Based on the above we are of the opinion that the issuance of a certificate of rehabilitation pursuant to Section 97-37-5 only restores the right to possess a weapon and does not remove a conviction and does not allow a convicted felon to be qualified as a candidate for public office.

Sincerely,

Jim Hood Attorney General

By: Phil Carter Special Assistant Attorney General