Mississippi Advisory Opinions May 16, 1979: 19790516 (May 16, 1979)

Advisory Opinion Text

Honorable Lee Roberts

Justice Court Judge

Lauderdale County

District #5

Post Office Box 1125

Meridian, Mississippi 39301

Re: Opinion, Justice Court Judge

Dear Judge Roberts:

Attorney General Summer has received your letter of request dated April 23, 1979, concerning the qualifications for the office of justice court judge and has assigned it to the undersigned for research and reply.

You are asking if an individual would be qualified to run for the office of justice court judge without high school education or the equivalent if that person was formerly a justice court judge but was not reelected during the last election.

Enclosed please find a copy of an opinion to Honorable Henry Dean Horton, Winston County Circuit Clerk, dated February 20, 1979, which states in part:

‘Under the provisions of Article VI, Section 171 of the Mississippi Constitution (Miss. Code of 1972, 1978 Cumm. Supp.), a justice court judge must be a high school graduate or have a general equivalency diploma unless he shall have served as justice of the peace or been elected to the office of justice of the peace prior to January 1, 1976. It is the opinion of this office that any person who has served or been elected to the office of justice of the peace at any time prior to January 1, 1976, would satisfy this requirement for qualification for that office.’

I trust that this will be of some assistance to you.

Sincerely,

A.F. Summer, Attorney General.

Oscar P. Mackey, Assistant Attorney General.

February 20, 1979

Honorable Henry Dean Horton

Winston County Circuit Clerk

Post Office Box 371

Louisville, Mississippi 39339

Re: Request for Opinion Qualifications for Justice Court Judge

Dear Mr. Horton:

Attorney General A. F. Summer has received your letter of February 5, 1979, requesting an opinion from this office and has referred it to the undersigned for research and reply.

Please permit me to quote the text of your inquiry to avoid any possible misunderstanding and for future reference. Your questions are as follows:

‘(a) Would a person be qualified to run for Justice Court Judge if the person does not have a highschool education or equivalent, unless he shall have served as a justice of peace prior to January 1, 1976, but did not serve between January 1, 1972 and January 1, 1976?

‘(b) Does a candidate for Justice Court Judge have to live in the District he plans to represent prior to being elected to said office but must move to said District before being sworn into office?’

Under the provisions of Article VI, Section 171, of the Mississippi Constitution (Miss. Code of 1972, 1978 Cumm. Supp.), a justice court judge must 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 1, 1976. It is the opinion of this office that any person who has served or been elected to the office of justice of the peace at any time prior to January 1, 1976, would satisfy this requirement for qualification for that office.

In answer to your second question, it has been the subject of previous opinions of this office that a candidate for justice court judge must reside in the district at the time of his qualification as a candidate for justice court judge and must continue to reside in the district once elected.

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

Yours very truly,

A. F. SUMMER, ATTORNEY GENERAL.

Oscar P. Mackey Assistant Attorney General.