Mississippi Advisory Opinions March 28, 1983: 19830328 (March 28, 1983)
Collection: Mississippi Attorney General Opinions
Docket: 19830328
Date: March 28, 1983
Advisory Opinion Text
Schools - Trustees Elections
Dr. W. A. Grissom, Jr.
Superintendent
East Tallahatchie School District
Post Office Box 310
Charleston, Mississippi 38921
Dear Dr. Grissom:
Attorney General Allain has received your letter of request and has assigned it to me for research and reply.
Your letter states:
“I would like very much to have your opinion on the following questions:
“(1) Can a school board member run for another elective office such as the Justice of Peace while still an active school board member?
“(2) If the person wins the respective office can he still serve as a member of the school board or will he have to resign when he takes office?â€
Section 1, Article 1, Mississippi Constitution of 1890, provides:
“The powers of the government of the state of Mississippi shall be divided into three distinct departments, and each of them confided to a separate magistracy, to-wit: those which are legislative to one, those which are judicial to another, and those which are executive to another.â€
Section 2, Article 1 of that Constitution provides:
“No person or collection of persons, being one or belonging to one of these departments, “shall exercise any power properly belonging to either of the others. The acceptance of an office in either of said departments shall, of itself, and at once, vacate any and all offices held by the person so accepting in either of the other departments.â€
The office of trustee of a public school district is clearly within the Executive Branch of government.
The office of Justice Court Judge is clearly within the Judicial Branch of government.
Therefore, in response to your inquiry, a school board member may seek the office of Justice Court Judge while serving in his present capacity. However, upon acceptance of the office of Justice Court Judge, a person would immediately and automatically vacate his / her office of Trustee of the East Tallahatchie School District.
Very truly yours,
Bill Allain, Attorney General