Mississippi Advisory Opinions April 16, 1991: 19910416 (April 16, 1991)

Advisory Opinion Text

The Honorable James E. Nichols

Chancellor

P.O. Box 351

Vicksburg, MS 39181

Re: Appointment of Court Reporter

Dear Judge Nichols:

Attorney General Mike Moore has received your letter and has assigned it to me for reply. In your letter you state:

I am interested in knowing the Court's power to appoint court reporters for the full term of the current term expiring in 1994. For your information N.W. Bullard was elected to serve as Chancellor of the Ninth Chancery Court District for the term beginning January, 1991 and ending December, 1994. He died December 14 before this term was to begin.

I was appointed to serve as the Chancellor for this district by order of the Chief Justice of the Mississippi Supreme Court to serve until the Governor could make an appointment for someone to serve until a special election could be held in November. Subsequently, I was appointed by the Governor to serve until that election. I will not be a candidate to serve for the remainder of this time. I would like to know if I have the power to appoint court reporters for the full term of the current term expiring in 1994.

Section 9-13-5 and 9-13-17 provide the mechanism for the appointment of court reporters. Since Chancellor Bullard died before appointing a reporter for the term contemplated by statute, the appointment could be made by you. The fact that you will not seek election to the office but only hold the office until the special election does not alter your status as chancellor. You are a chancellor with all the powers and duties appertaining to the office of chancellor including appointment of reporters. Section 9-13-5 provides that the term of office for the court reporter is four years. We understand the intent of this to be that the court reporter's term is concurrent with the term of office of the judge. Since the term of office of the judge expires at the end of 1994, the court reporter's term would also expire at the end of 1994.

Very truly yours,

Mike Moore, Attorney General.

Larry J. Stroud, Special Assistant Attorney General.