Mississippi Advisory Opinions August 18, 2017: AGO 2017-00251 (August 18, 2017)

Advisory Opinion Text

AUTH: Beebe Garrard

RQNM: Roy Perkins

SUBJ: Separation of Powers

SBCD: 271

TEXT: Alderman Roy A’. Perkins

P.O. Box 678

Starkville, MS 39760-0678

Re: Judicial Elections

Dear Mr. Perkins:

Attorney General Jim Hood has received your opinion request and has assigned it to me for research and reply.

Question Presented

In your request, you state that you intend to seek an open position for chancery court judge in 2018. Specifically, you ask:

Can a sitting Alderman officially run for or seek an opening position of Chancery Court Judge for the Fourteenth (14 ) Chancery Court District in the State of Mississippi and retain his seat as an Alderman during the campaign?

Response

The constitutional separation of powers doctrine prohibits an alderman, who exercises legislative powers in a code charter municipality , from simultaneously serving as a chancery court judge, who obviously exercises core judicial powers. Mississippi Const. Art. 1 Section 2; Miss. Code Ann. Section 21-3-15(2). However, the separation of powers doctrine does not prohibit an alderman from running for chancery judge. If elected, once the individual assumes the duties of chancellor, he would immediately vacate the office of alderman by operation of law. See MS AG Op., Shoemake (December 22, 2006).

We refer you to the Commission on Judicial Performance regarding any potential issues with the Code of Judicial Conduct, which apply to judicial candidates as well as judges. See In re Bell , 962 So.2d 537 (Miss. 2007). Additionally, you may wish to contact the Office of General Counsel and/or the Standing Committee on Ethics of the Mississippi Bar regarding any potential issues under the Rules of Professional Conduct.

If we may be of further service, please let us know.

Very truly yours,

JIM HOOD, ATTORNEY GENERAL

Beebe Garrard, Special Assistant Attorney General

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Notes:

It is our understanding that Starkville is a code charter municipality. However, you should confirm this with the Starkville Board attorney or by reviewing the minutes of the Starkville Board of Aldermen.

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