Mississippi Advisory Opinions January 22, 1979: 19790122 (January 22, 1979)

Advisory Opinion Text

Mr. Douglas Knight

Post Office Box 1302

Laurel, Mississippi 39440

Re: State Insurance Commissioner qualifications

Dear Mr. Knight:

After our telephone conversation, I tried several times to telephone you at no. 362–2823, one of the numbers you left with me, and in each instance found the line to be “busy'. Therefore, I take this means to pass on to you the following information, being for informational purposes only:

To become a candidate for the Commissioner of Insurance, one must be a “qualified elector' (§ 250, Mississippi Constitution of 1890), and I enclose to you print copy of § 83–1–3, Mississippi Code of 1972, “Insurance Commissioner', which, among other things, requires the same qualifications of the Secretary of State, print copy of § 133, Mississippi Constitution of 1890, stating the qualifications of Secretary of State.

Qualification is with the appropriate State Executive Committee and the Secretary of State here in Jackson not later than 5:00 p.m., Friday, June 8, 1979.

Trusting the above and the enclosures will be of some guidance to you, I remain

Yours very truly,

A. F. Summer, Attorney General.

Richard M. Allen, Special Assistant Attorney General.

January 22, 1979

Honorable Mack L. Boykin

Attorney-at-Law

Post Office Box 203

Carrollton, Mississippi 38917

Re: Request for Opinion—Justice Court Judge General Equivalency Diploma Requirement

Dear Mr. Boykin:

Attorney General A. F. Summer has received your letter of request dated January 12, 1979, with reference to the requirement contained in the Constitution requiring candidates for justice court judge to be a high school graduate or have a general equivalency diploma, and has referred the same to the undersigned for research and reply.

To avoid any possible misunderstanding and for future reference, please permit me to quote the text of your request, which is as follows:

“We have noticed that Section 1–71 of the Constitution of the State of Mississippi as Amended requires that a Justice Court Judge shall be a High School Graduate or have a general equivalency diploma unless he shall have served as a justice of the peace or been elected to the office of justice of the peace prior to January, 1976.

“We would like to know what is the ruling of your office upon the requirements of “general equivalency diploma.'

“I am the Attorney for the Board of Supervisors and all of the munic [i]palities of this county and chairman of the Democratic Executive Committee of Carroll County and I have parties who desire to fill as can[d]idates for the office of the judge of the justice court of Carroll County and I need to know this.'

The State Department of Education periodically gives a general equivalency test for persons who did not receive a high school diploma for one reason or another. These tests are given throughout the State. Mr. John C. Williams, Jr., whose offices are located in 701 Walter Sillers State office Building, is in charge of administering these tests, and, I am sure, would be glad to advise you or possible candidates for the office of justice court judge of the times and places this examination is offered.

It is the opinion of this office that a person desiring to be a candidate for justice court judge who is not a high school graduate and has not held the office of justice of the peace prior to January 1, 1976, must pass this test and receive a general equivalency diploma before qualifying as a candidate for such office.

Trusting that this is adequate to answer your inquiry and with best wishes and warmest personal regards, I remain

Yours very truly,

A. F. Summer, Attorney General.

Oscar P. Mackey Assistant Attorney General.