Mississippi Advisory Opinions July 29, 1988: 19880729 (July 29, 1988)

Advisory Opinion Text

Honorable Jack N. Thomas

Attorney for the Monroe County Board of Supervisors

Post Office Box 578

Aberdeen, Mississippi 39730

Dear Mr. Thomas:

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 hereto and incorporated herein by reference. Based on the circumstances described in your letter you ask whether the vacancies created by the resignations of two of the constables presently holding office should be filled by appointment by the board of supervisors.

Pursuant to Miss.Code Ann. § 19-19-2 (Supp.1987) which has been precleared by the U.S. Department of Justice, Monroe County should have the same number of constables as it has justice court judges. However, since the elections in 1987 in Monroe County were enjoined by the Federal Court, it has been unable to implement this new provision. Under the circumstances described in your letter, it is the opinion of this office that Monroe County may continue with the three constables that remain in office and that the vacancies occasioned by the resignations of two of the constables are not required to be filled.

If you have any questions or if we may be of further assistance, please do not hesitate to contact this office.

Sincerely,

Mike Moore, Attorney General.