Mississippi Advisory Opinions September 04, 1985: 19850904 (September 04, 1985)

Advisory Opinion Text

Ms. Edna A. Shellabarger

Circuit Clerk

Lafayette County

Post Office Box 144

Oxford, Mississippi 38655

Dear Ms. Shellabarger:

The Office of the Attorney General is in receipt of your opinion request which states as follows:

“I am writing in regard to the opinion of 'CONFLICT OF INTEREST' of County Election Commissioners. See enclosures.

“A newly elected (November, 1984) Election Commissioner had worked in the Courtroom as Deputy Court Clerk before she was elected an Election Commissioner. Please give me a written opinion as to whether or not she can continue as a Deputy Court Clerk (duties in the courtroom only) while serving as an Election Commissioner.”

The opinion referenced by your opinion request states that the county election commissioner might be required to pass on acts of the registrar or conduct an election in which the registrar is a candidate which could result in a conflict of interest. It remains the opinion of this office that simultaneously serving as deputy county registrar and county election commissioner constitutes an inherent conflict of interest between the two sets of duties and is therefore not legally permissible. Even assuming that a deputy court clerk of the circuit court performs duties in the courtroom only, she is employed by the circuit clerk, who is the registrar and will be required to pass on actions of her employer. Therefore, a conflict of interest would exist and the performance of both duties is not permissible.

Very truly yours,

Edwin Lloyd Pittman, Attorney General.