Mississippi Advisory Opinions February 04, 1992: 19920204 (February 04, 1992)

Advisory Opinion Text

Coroner Clyde Gilley

Post Office Box 934

Leakesville, Mississippi 39451

Dear Mr. Gilley:

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

“My name is Clyde Gilley, I am the elected Coroner of Greene County. I would an opinion about being a contender for another county office while serving as County Coroner.

The Circuit Clerk passed away while in office. There will be an election to fill this position in November, 1992. I would like to know if I can run or hold this office while still serving as County Coroner, since this is a part-time position? Also, would I be able to serve as part-time Deputy Sheriff, if I do not win the election for Circuit Clerk, while holding the office of County Coroner?”

We find nothing that would prevent you from being a candidate for the office of Circuit Clerk while serving as County Coroner.

As to your questions concerning holding the elective office of Circuit Clerk or the appointive office of Deputy Sheriff while simultaneously serving as County Coroner, we find no specific statutory prohibition against such dual service. However, there are potential conflicts of interest that could prevent such service. For example, we note that Mississippi Code Annotated Section 41-37-13 (1972) requires the County Coroner to file autopsy reports with the Circuit Clerk. Such matters should be addressed by the State Ethics Commission.

Sincerely,

Mike Moore Attorney General.

Phil Carter Special Assistant Attorney General.