Mississippi Advisory Opinions July 13, 2009: AGO 2009-00378 (July 13, 2009)

Advisory Opinion Text

The Honorable Craig Hitt

Supervisor

District 3

Lauderdale County Board of Supervisors

410 Constitution Ave., 11th Floor

Meridian, MS 39301

Re: Wife of board attorney elected as mayor

Dear Supervisor Hitt:

Attorney General Hood has received your request and assigned it to me for research and response.

Issue Presented

May the Lauderdale County Board of Supervisors continue to be represented by a law firm of which the Mayor of Meridian's husband is a principal owner?

Response

We find no prohibition for such law firm to continue to represent the Board of Supervisors. The question should also be addressed by the State Ethics Commission and with regard to conflict of interest issues.

Background

Your letter states that:

The Lauderdale County Board of Supervisors is represented by the law firm of Bourdeaux & Jones, LLP.

In the recent City of Meridian elections Mrs. Cheri Barry, wife of one of the lead attorneys for Bourdeaux & Jones was elected as Mayor the City of Meridian. Mayor-elect Barry will take office in early July 2009.

My question is: can Lauderdale County continue to be represented by a law firm in which the mayor's husband is a principal owner?

Analysis and Conclusion

We find no prohibition in state statutes for such law firm to continue to represent the Board of Supervisors. Additionally, the described situation would not violate the separation of powers clause of the state constitution. However, the question should also be addressed to the State Ethics Commission to determine if the state's ethics law are implicated. Finally, the county should contact the Mississippi State Bar to determine if such representation would violate the Rules of Professional Conduct.

Please let me know if you would like to discuss this matter or if I can be of further assistance.

Sincerely,

Jim Hood, Attorney General

Reese Partridge, Assistant Attorney General