Mississippi Advisory Opinions June 13, 1983: AGO 000003786 (June 13, 1983)

Mississippi Attorney General Opinions

1983.

AGO 000003786.

1983-683

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Dear Mr. Rutland:

Attorney General Allain has received your letter of request and has assigned it to me for research and reply. Your letter states:

"Request the following information concerning Qualifications for County Officials. 'JUSTICE COURT JUDGE.'

"We know what is in the Official and Statistical Register 1980-1984.

"'Must be a qualified elector of the district two years next preceding election, be a qualified attorney or completed a course of training required by law.

"1. We have two Justice Court Judges that are serving now, so we assume they have met the requirements. The Election Commission in Lawrence County claims that one of these Judges does not have a 12th grade education. The Election Commission qualified him to run in a special election two years ago. He has attended the Mississippi Judicial College seminars. I don't know if he has completed his six courses or not. I understand they told him he could complete them in January if reelected.

"2. We have several others that have qualified with the Circuit Clerk's office and I don't think all of those have a 12th grade education.

"3. We have one that served in 1960 (s) two terms, but at that time they were not required to have any certain amount of education, neither were they required to attend any Law Schools. We want to know if they could qualify without a 12th grade education.

"Also, if you will please tell me what the election commissioners have to do with the Democratic Primary, IF ANYTHING?"

Section 171, Mississippi Constitution of 1890, provides in part: "A competent number of justice court judges and constables shall be chosen in each county in the manner provided by law, but not less than two (2) such judges in any county, who shall hold their office for the term of four "(4) years. Each justice court judge shall have resided two (2) years in the county next preceding his selection and shall be high school graduate or have a general equivalency diploma unless he shall have served as a justice of the peace or been elected to the office of justice of the peace prior to January 1, 1976. All persons elected to the office of justice of the peace in November, 1975, shall take office in January, 1976, as justice court judges."

In response to your inquiry, candidates for the office of Justice Court Judge must be a high school graduate or have a general equivalency diploma (GED) unless he/she served as a Justice of the Peace or was elected to the office of Justice of the Peace prior to January 1, 1976.

Therefore, incumbents, including an individual who ran for and was elected Justice Court Judge in a special election two years ago, who have not served or been elected to serve as a Justice of the Peace prior to January 1, 1976, must be a high school graduate or possess a GED in order to qualify to be placed on the 1983 democratic primary ballot. If there is some question as to whether or not the person is a high school graduate or possesses a GED, the executive committee should require proof in the form of documentation by the appropriate school or granting authority.

One who served as Justice of the Peace in the 1960(s) is not required to be a high school graduate in order to qualify as a candidate for Justice Court Judge. County Election Commissioners have nothing to do with the Democratic Primary except, of course, the revision of the registration books as required by law.

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY

Phillip C. Carter Special Assistant Attorney General

PCC:ls