Mississippi Advisory Opinions August 02, 1979: 19790802 (August 02, 1979)

Advisory Opinion Text

Honorable W. E. (Bill) Middleton

Sheriff of Webster County

Post Office Box 591

Eupora, Mississippi 39744

Dear Sheriff Middleton:

Attorney General Summer has received your letter of request dated July 28, 1979, and has assigned it to me for research and reply.

You submit the following, to-wit:

‘The following situation has arisen: A prisoner is in my custody who has been convicted on a plea of guilty to a charge of Sale of Marihuana and has been sentenced to the Department of Corrections for a term of four (4) years. He has requested that he be allowed to vote in the upcoming elections.

‘I would appreciate your opinion on whether I am obligation or legally required to permit those prisoners in my custody, both pre-trial and post-trial detainees, to go to the poles and vote if they ask to do so.’

Section 19–25–35, Mississippi Code of 1972, provides as follows, to-wit:

‘The sheriff shall be the executive officer of the circuit and chancery court of his county, and he shall attend all the sessions thereof with a sufficient number of deputies or bailiffs. He shall execute all orders and decrees of said courts directed to him to be executed. He shall take into his custody, and safely keep, in the jail of his county, all persons committed by order of either or said courts, or by any process issuing therefrom, or lawfully required to be held for appearance before either of them.’

The sheriff is accountable for the safekeeping of any person lawfully committed by order of the court or by other lawful process.

It is therefore the opinion of this office, that the sheriff is not obligated or legally required to permit any prisoner in his lawful custody either pre-trial or post-trial to go to the polls and vote.

With kindest regards, Very truly yours,

A. F. Summer, Attorney General.

P. L. Douglas First Assistant Attorney General.