Mississippi Advisory Opinions July 14, 1993: AGO 93-0499 (July 14, 1993)

Advisory Opinion Text

Honorable David W. Ellis

Attorney for City of Vicksburg

P.O. Drawer 1099

Vicksburg, Mississippi 39181

Re: City Intervention in Election Contest

Dear Mr. Ellis:

Attorney General Mike Moore has received your request for an official opinion from this office and has assigned it to me for research and reply. A copy of your letter is attached for easy reference. In your letter, you ask the question:

Before the city incurs the expense of attempting to intervene in this action or in defending this civil action, the City is requesting an opinion from your office that it has the legal authority and power to lawfully incur the cost and expense of either intervening in this civil action or failing a court order to allow the City to intervene, or in the alternative in any event, to incur the cost of defending this civil action.

We have previously opined that a county board of supervisors may approve the payment of legal fees for the purpose of protecting the county's interest in seeing that the validity of elections are upheld in order to avoid the expense involved in conducting new elections. Please see the prior opinion to James. W. Burgoon, Jr., dated November 12, 1991, which is attached for your convenience.

Mississippi Code Annotated § 19–3–47 (Supp.1992), cited as the basis for Burgoon, specifically authorizes boards of supervisors to employ legal counsel in all civil cases “in which the county is interested”.

Our research indicates that municipalities do not have the same specific statutory authority to employ legal counsel in cases in which they have made the factual determination that the municipality has an interest. However, to employ legal counsel to represent and protect a municipality's interest in an election contest would not appear to conflict with the Mississippi Constitution of 1890 or any statutory provision. Therefore, it is our opinion that municipal governing authorities may authorize such employment pursuant to Mississippi Code Annotated § 21–17–5 (Revised 1990).

If I may be of further assistance, please do not hesitate to contact me.

Sincerely yours,

MIKE MOORE ATTORNEY GENERAL.

Phil Carter Assistant Attorney General.