Mississippi Advisory Opinions January 26, 1988: 19880126 (January 26, 1988)

Advisory Opinion Text

Justice Court Judge running for the office of mayor

Mr. Fred M. Hayslett

Justice Court Judge

Lowndes County

805 Remunda Drive

Columbus, Mississippi 39702

Dear Judge Hayslett:

Attorney General Edwin Lloyd Pittman has received your letter of request and has assigned it to the undersigned for research and reply. In your letter you state:

I have recently been elected to a new term as Justice Court Judge in Lowndes County.

I am considering running for Mayor of Columbus in the spring of 1989 in the next municipal elections. That will be in the middle of my term as Justice Court Judge.

My question is, ‘Must I resign my position as Justice Court Judge to seek the position of Mayor’. I would appreciate your opinion on this matter.

It is the opinion of this office that no authority exist which would require an individual holding the office of Justice Court Judge to resign said position in order to seek the position of mayor. Please note however, the separation of power provisions of the State Constitution prohibit holding both offices concurrently.

Very truly yours,

Mike Moore, Attorney General

Ryan Hood, Special Assistant Attorney General