Mississippi Advisory Opinions May 25, 1994: AGO 94-0175 (May 25, 1994)

Advisory Opinion Text

Mayor Leland James

Town of Sturgis

Post Office Box 97

Sturgis, Mississippi 39769

RE: SEPARATION OF POWERS

Dear Mayor James:

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

“I would like to request an opinion on whether a mayor who would like to run for a county office, preferably supervisor, would have to resign from being mayor?

I do believe that if the mayor wins the election, he would have to resign. Is this correct?”

We find nothing that would require a mayor to resign in order to be a candidate for county supervisor.

The office of mayor is clearly in the executive branch of government. The office of county supervisor has been ruled to be in the judicial branch of government. See Haley v. State, 67 So. 498 (Miss.1915). Sections 1 and 2 of the Mississippi Constitution of 1890 prohibit one from belonging in one branch of government and exercising power in another branch of government. See Dye v. State, 507 So.2d 332 (Miss.1987). Those constitutional sections also provide that one belonging to one branch of government vacates his office upon acceptance of an office in another branch. Therefore, we are of the opinion that one may not lawfully serve as mayor and county supervisor simultaneously.

Sincerely,

Mike Moore, Attorney General.

Phil Carter, Assistant Attorney General