Mississippi Advisory Opinions February 12, 1999: AGO 99-0062 (February 12, 1999)

Advisory Opinion Text

Honorable Jay Gore, III

Grenada County Election Commission

Post Office Drawer 901

Grenada, Mississippi 38901-0901

Re: Convicted Felon Qualifying to Run for Sheriff

Dear Mr. Gore:

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

The Election Commission of Grenada County has asked that I write the office of Attorney General to obtain an opinion on whether a candidate for sheriff may properly qualify if they have been convicted of a felony of manslaughter in another state in 1977. The statute for qualification for the office of sheriff indicates that a person who has been a convict of a felony in this state or another state cannot hold the office of sheriff. I am aware of the 1992 amendment to Article 4 section 44 of the Constitution of the State of Mississippi which excuses convicts of felony for convictions after 1992.

Please consider this as a request for an opinion as to whether an individual who in 1977 was convicted in another state of manslaughter is eligible to qualify to run for the office of Sheriff.

In response, please find enclosed copies of MS AG Op., Willis (August 7, 1998) and MS AG Op., Wilburn (January 19, 1987) which state that a felony committed prior to 1992 in another state does not disqualify an individual from qualifying to run for the office of sheriff.

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

Very truly yours,

Mike Moore, Attorney General