Mississippi Advisory Opinions July 19, 1989: 19890719 (July 19, 1989)

Advisory Opinion Text

Roland B. Skinner, Esquire

Attorney for City of D'Iberville

Post Office Box 6694

D'Iberville, Mississippi 39532

Dear Mr. Skinner:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states:

“This firm represents the City of D'Iberville, Mississippi, and they have instructed me to write your office requesting an official opinion as to whether or not the City is authorized to pay attorney fees in the case attached hereto.

As you can see from the pleadings, the Mayor and three (3) Councilpersons are being sued by another member of the City Council as a result of actions taken by the Democratic Executive Committee and certifying Les Barnett as a registered voter of Harrison County.

The case was heard in Chancery Court yesterday and the Chancellor dismissed same for lack of jurisdiction. Therefore, the newly elected Mayor and Council Members will be sworn in on schedule, Saturday, July 1, 1989.

My question is under these circumstances is the City of D'Iberville authorized to pay attorney fees incurred in defending this petition in the Chancery Court of Harrison County, Mississippi, Second Judicial District, Mississippi.”

In response to your inquiry, we know of no authority which would allow the payment of such fees by the City of D'Iberville absent a valid order from a court of competent jurisdiction ordering same.

Sincerely,

Mike Moore, Attorney General.

June 30, 1989

ATTACHMENT

Office of the Attorney General

Attn: Honorable Mike Moore

Post Office Box 220

Jackson, MS 39205–0220

RE: Attorney Fees

Dear Mr. Moore:

This firm represents the City of D'Iberville, Mississippi, and they have instructed me to write your office requesting an official opinion as to whether or not the City is authorized to pay attorney fees in the case attached hereto.

As you can see from the pleadings, the Mayor and three (3) Councilpersons are being sued by another member of the City Council as a result of actions taken by the Democratic Executive Committee and certifying Les Barnett as register voter of Harrison County.

The case was heard in Chancery Court yesterday and the Chancellor dismissed same for lack of Jurisdiction. Therefore, the newly elected Mayor and Council Members will be sworn in on schedule, Saturday, July 1, 1989.

My question is under these circumstances is the City of D'Iberville authorized to pay attorney fees incurred in defending this petition in the Chancery Court of Harrison County, Mississippi, Second Judicial District, Mississippi.

Thanking you for your cooperation in this matter, I am

Yours very truly,

Roland B. Skinner, City Attorney.