Mississippi Advisory Opinions June 28, 2002: AGO 000015112 (June 28, 2002)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000015112
Date: June 28, 2002
Advisory Opinion Text
AGO 000015112.
DOCK 2002-0366
AUTH Phil Carter
DATE 20020628
RQNM Senator Mike Chaney
SUBJ Elections
SBCD 67
TEXT The Honorable Mike Chaney
Mississippi State Senate
Twenty-Third District
528 Inglewood Drive
Vicksburg, Mississippi 39180
Dear Senator Chaney:
Attorney General Mike Moore has received your letter of request and assigned it to me for research and reply. Your letter states:
In the judicial election for the year 2002 in Mississippi, Chancery Court Judge Larry Buffington of Chancery District Thirteen has filed qualifying papers seeking re-election to the judicial seat he currently holds. He is the only person to qualify for election to the District Thirteen judgeship, insuring his election. In addition, Larry Buffington has filed qualifying papers and is a candidate for Supreme Court Justice in Supreme Court District Two, Position 1.
1. Do state laws allow a seated judge to run for two judicial positions in the same election year when certain voters will see the name on the ballot for two positions, one of which the candidate is insured election of?
2. Do state laws or the state constitution allow an individual to hold two judicial positions at the same time?
3. Who bears the cost of special elections if a person is elected to two different positions in the same election and the person can only hold one elected office and a new election is held for the position the candidate chooses not to fill?
In response to your first question, we find no statute that prohibits a seated judge from being a candidate for two judicial positions in the same election.
In response to your second question, we find nothing that specifically prohibits an individual from holding two judicial positions at the same time. However, the duties and responsibilities of each of these offices would preclude one person from serving in both capacities simultaneously.
We note that the new term for chancellor begins in January, 2003 (Section 9-5-1, MCA) whereas the new term for Position 1, District 2 on the Supreme Court begins in January, 2004 (Section 23-15-993, MCA).
In response to your third question, the cost of a special election to fill a vacancy in a judgeship must be borne by the individual counties of the affected chancery or supreme court district.
Sincerely,
MIKE MOORE, ATTORNEY GENERAL
By:
Phil Carter
Special Assistant Attorney General