Mississippi Advisory Opinions August 07, 1991: 19910807 (August 07, 1991)

Advisory Opinion Text

Mrs. Judy K. Butler

Monroe County Circuit Clerk

P.O. Box 843

Aberdeen, Miss. 39730

Honorable Phil Carter

Special Assistant Attorney General

Post Office Box 220

Jackson, MS 39205-0020

Re: Legal Opinion

Dear Mrs. Butler:

Attorney General Mike Moore has received your request for an opinion and has assigned it to me for research and reply. Your letter poses the following question:

“Must a candidate for Sheriff who is presently serving as Justice Court Judge but has submitted his resignation as Judge to be effective in August, 1991, requalify for the office of Sheriff since he previously qualified for Sheriff prior to resigning as Judge?”

It is our opinion that a judge's resignation or failure to resign does not have any effect on the validity of his legal qualification to run for sheriff; therefore, our answer is ‘no’.

Please contact us if you have further questions regarding this matter.

Very truly yours,

Mike Moore, Attorney General

Mike Lanford, Special Assistant Attorney General

ATTACHMENT

July 8, 1991

Dear Phil:

Please provide the Monroe County Circuit Clerk with a legal opinion regarding the following.

“Must a candidate for Sheriff who is presently serving as Justice Court Judge but has submitted his resignation as Judge to be effective in August, 1991, requalify for the office of Sheriff since he previously qualified for Sheriff prior to resigning as Judge?'

Since the qualifying date is so near a prompt response to this request would be greatly appreciated.

With kindest regards I remain, Yours very truly, Judy K. Butler