Mississippi Advisory Opinions September 24, 1999: AGO 1999-0480 (September 24, 1999)

Advisory Opinion Text

Ann M. Watts

Lauderdale County Elections Commission

Post Office Box 1005

Meridian, Mississippi 39301

Re: Qualifications of Candidate

Dear Ms. Watts:

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

I am requesting an official opinion on behalf of the Lauderdale County Election Commission which will be meeting shortly to rule on candidate qualifications for the November General Election.

A question has arisen regarding the qualification of the democratic nominee for the office of supervisor, District 5, Lauderdale County.

In 1992 the candidate in question entered a plea of guilty to one count of perjury. The plea was accepted by the Lauderdale County Circuit Court by the Court withheld adjudication of guilt pursuant to Mississippi Code Annotated, Section 99-15-26 (1972) . A copy of the court's order is enclosed. I am also enclosing a copy of a commitment notice and a copy of the Court's Judgment Terminating Probation and Dismissing Case .

Please issue an official opinion advising the Lauderdale County Election Commission as to whether, as a matter of law, the action taken by the Lauderdale Circuit Court in this case constitutes a conviction that disqualifies the candidate in question.

In response, Mississippi Code Annotated Section 99-15-26 is the non-adjudication statute that allows a defendant to plead guilty and the court to withhold adjudication of guilt while imposing conditions that must be met by the defendant over a period of time. If all the conditions are met, the case is dismissed and there is never any conviction.

It appears from the documents you supplied to our office that the candidate in question has meet all the conditions imposed by the court and the case has been dismissed. Therefore, the action taken by the circuit court does not constitute a conviction which would disqualify the candidate in question from holding public office.

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

Very truly yours,

Mike Moore, Attorney General

David K. Scott, Special Assistant Attorney General.