Mississippi Advisory Opinions December 14, 1994: AGO 94-0826 (December 14, 1994)

Advisory Opinion Text

Honorable Kenneth Bush

Justice Court Judge

Post Office Box 15

Clarksdale, Mississippi 38614

Re: Nonpartisan Judicial Election Act

Dear Judge Bush:

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 a Justice Court Judge and have held this office for twenty-three years. I also plan to seek reelection next year. I know, being a judge, I fall under the judicial part of our government.

Under the new law passed this year the Mississippi Code states that a judicial office is a nonpartisan office and a candidate for election thereto is prohibited from campaigning or qualifying for such an office based on party affiliation.

What I would like for you to clarify is: Does a justice court judge fall under this new law, or do we still qualify as a democrat, republican, etc.?”

Mississippi Code Annotated, Section 23–15–974 (Supp.1994) provides:

“ Sections 23–15–974 through 23–15–985 of this subarticle shall be known as the ‘Nonpartisan Judicial Election Act’.”

Section 23–15–975 provides in part:

“As used in Sections 23–15–974 through 23–15–985 of this subarticle, the term ‘judicial office’ includes the office of justice of the Supreme Court, judge of the Court of Appeals, circuit judge, chancellor, county court judge and family court judge.....”

Section 23–15–976 provides:

“A judicial office is a nonpartisan office and a candidate for election thereto is prohibited from campaigning or qualifying for such an office based on party affiliation.”

In response to your question, the office of justice court judge is not included in the term “judicial office” as defined in Section 23–15–975. Therefore, a candidate for justice court judge may continue to qualify for a party primary election in which a party nominee will be chosen to represent that party in the general election. Stated differently, there has been no change that affects candidates for the office of justice court judge.

Sincerely,

Mike Moore, Attorney General.

Phil Carter, Assistant Attorney General.