Mississippi Advisory Opinions September 30, 1985: 19850930 (September 30, 1985)

Advisory Opinion Text

Mr. D. R. Davis

Chancery Clerk

Pearl River County

Post Office Box 431

Poplarville, Mississippi 39470

An Individual May Hold The Office of Coroner and Sheriff Simultaneously

Dear Mr. Davis:

Attorney General Edwin Lloyd Pittman has received your letter of July 16, 1985 and has assigned it to the undersigned for research and reply. Pease find a copy of your letter enclosed in which you ask the following questions:

Question No. 1:

“Upon the coroner being appointed by the Board of Supervisors to fill the vacancy in the office of sheriff and entering upon those duties, was the office of the coroner thereupon vacated?”

It is the opinion of this office that under the circumstances that exist and under the statute, the coroner would serve as sheriff and coroner simultaneously.

Question No. 2:

“If the office was not thereupon vacated, does he continue to serve as both coroner and sheriff?”

As stated above, an individual may hold both offices in question and, therefore, may serve in both capacities simultaneously. However, it must be noted that the individual in question may not exercise the duties of both offices so as to commingle the two. This is to say, that while acting as a coroner, he is to act as such and be paid as such, and, conversely, while performing a function or acting in the capacity of sheriff, he is to act as sheriff and be compensated as provided by law for sheriffs.

Question No. 3:

“It the office of the coroner was not vacated and the coroner who was appointed sheriff becomes a candidate in such special election to fill the unexpired term of sheriff and subsequently elected to fill that unexpired term, would the office of coroner then become vacated upon his election and entering upon the duties of sheriff?”

It is the opinion of this office that no authority exist which would operate to remove an individual from the office of coroner upon election to the office of sheriff.

Question No. 4:

“If the office was not thereupon vacated, does he continue to serve as both coroner and sheriff?”

It is the opinion of this office, an individual would continue to serve as coroner or sheriff.

Question No. 5:

“If the office of coroner was vacated upon his accepting the appointment by the board of supervisors and entering upon the duties of sheriff, how would the vacancy in the office of coroner be filled?”

This question is not applicable since the office of coroner does not become vacant.

Question No. 6:

“If the office of coroner is vacated upon his being elected sheriff at the special election and entering upon the duties of sheriff, how would the vacancy in the office of coroner be filled?”

This question is not applicable since the office of coroner does not become vacant.

Very truly yours,

Edwin Lloyd Pittman, Attorney General.