Mississippi Advisory Opinions June 06, 1997: AGO 97-0344 (June 06, 1997)

Advisory Opinion Text

Hon. Lizzie Jones

Vice-Mayor

Town of Falcon

226 Railroad Ave.

Falcon, Mississippi 38628

Re: Candidate's qualifications

Dear Ms. Jones:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. A copy of your letter is attached for reference. In your letter you seek guidance on whether an individual convicted of a felony whose five-year sentence was suspended, is qualified to be a candidate for mayor.

Section 44, Miss. Const. of 1890 provides in pertinent part:

No person shall be eligible to ... any office of profit or trust, who shall have been convicted of bribery, perjury, or other infamous crime .... [emphasis added].

Section 1-3-19, Miss. Code of 1972, defines “infamous crime” to mean any offense punishable by death or confinement in the penitentiary.

It is the opinion of this office that a person convicted of the crime of embezzlement is disqualified from holding public office regardless of whether the sentence was suspended or not. In order for a person with such a conviction to become eligible to once again hold public office, a full pardon from the Governor must first be obtained. MS AG Op., Chaney (March 9, 1993), attached.

If this office can be of any further assistance, please let us know.

Very truly yours,

Mike Moore, Attorney General.

Sandra M. Shelson Special Assistant Attorney General.