Mississippi Advisory Opinions March 12, 1987: 19870312 (March 12, 1987)

Advisory Opinion Text

Mrs. Tina Ryals-Blaylock

Circuit Court Clerk

Montgomery County

Post Office Box 765

Winona, Mississippi 38967

Dear Mrs. Ryals-Blaylock:

Attorney General Edwin Lloyd Pittman has received your request for an opinion and has assigned it to the undersigned for research and reply. In your letter you ask the following:

“A county road hand would like to qualify as a candidate for constable. If elected constable, can he maintain his full time job as a county road hand?”

In response to your inquiry, we call your attention to Mississippi Constitution § 267 (1890) which requires an officer personally devote his time to the performance of his duties. The Mississippi Supreme Court has ruled this section requires an officer to devote such time as will discharge the duties of his office. Fairley v. Western U. Teleg. Co., 73 Miss. 6, 18 So. 796 (1895) . Therefore, so long as the constable faithfully discharges the duties of his office, we see nothing to prohibit his employment as a county road hand.

Very truly yours,

Edwin Lloyd Pittman, Attorney General.

Catherine Walker Underwood, Assistant Attorney General.