Mississippi Advisory Opinions May 04, 1979: 19790504 (May 04, 1979)

Advisory Opinion Text

Honorable Tom Sims

Perry County Attorney

New Augusta, Mississippi 39462

Re: Qualifications for Justice Court Judge Section 171, Mississippi Constitution Prior Service or Election to Office of Justice of the Peace

Dear Mr. Sims:

Attorney General A. F. Summer has received your letter of April 18, 1979, and has referred it to the undersigned for research and reply.

You request an opinion from this office as to whether a candidate for justice court judge who has served as a justice of the peace prior to January 1, 1976, is qualified to seek that office although such candidate is not a high school graduate nor has a general equivalency diploma. It is the opinion of this office that if a person has ever served as a justice court judge prior to January 1, 1976, and is otherwise qualified to seek the office of justice court judge, the fact that he is not a high school graduate or does not have a general equivalency diploma would not disqualify him under the provisions of Section 171 of the Mississippi Constitution.

Trusting that this is adequate to answer your inquiry and with best wishes, I remain

Yours very truly,

A.F. Summer, Attorney General.

Oscar P. Mackey, Assistant Attorney General.