Mississippi Advisory Opinions March 21, 2011: No. 2011-00055 (March 21, 2011)

No. 2011-00055.

Dear Ms. Sandifer:

Attorney General Jim Hood has received your request and has assigned it to me for research and reply. Your letter states: "I am a member of the Board of Aldermen for the City of Hazlehurst, Mississippi. I have been a member of the Board of Aldermen since 2005. I am also the President of the Copiah County Branch of the NAACP. I am planning on qualifying as a candidate for Justice Court Judge in Copiah County, Mississippi. "

1. Is there any prohibition in state or federal law from me serving simultaneously as Justice Court Judge and as an Alderwoman?

ANSWER: Yes. A person may not serve simultaneously as an alderwoman, which is in the legislative branch and as a justice court judge which is in the judicial branch. Since both offices exercise core powers, simultaneously serving in both would violate the separation of powers doctrine set forth in Miss. Const. Art. I and II. See MS AG Op., Tutor (September 27, 1995)

2. Is there any state law that would prevent me from speaking out on matters of public concern as an Alderperson if I am also a Justice Court Judge?

ANSWER: Since you are prohibited from holding both offices this question is moot. See the answer to question number 1.

3. Is there any state law that would prevent me from speaking out on matters of public concern as President of the Copiah County NAACP if I am also a Justice Court Judge.

ANSWER: There is no state statute applicable to this situation. However, as Justice Court Judge you would need to be mindful of the Provisions of the Code of Judicial Conduct, including but not limited to

Canon 4. A Judge shall so conduct the Judge's extra-judicial activities as to minimize the risk of conflict with judicial obligations.

Canon 5. A judge or judicial candidate shall refrain from inappropriate political activity.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By:

James Y. Dale

Special Assistant Attorney General