Mississippi Advisory Opinions April 18, 1990: 19900418 (April 18, 1990)

Advisory Opinion Text

Judge Robert Chinn, Jr.

Madison County Justice Court

175 North Union

Canton, Mississippi 39046

Dear Judge Chinn:

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

“Can (Justice Court) Judges who serve on the State Democratic Executive Committee continue to serve?”

While we find no specific statutory prohibition against judges serving on a state party executive committee, the Mississippi State Supreme Court in Mississippi Judicial Performance Commission v. A.J. Peyton , 555 So.2d 1036 (1990) specifically held that a justice court judge who continued to serve on a county party executive committee violated Canon 7 of the Mississippi Code of Judicial Conduct which, inter alia, prohibits a judge or a judicial candidate from holding any office in a political organization. This prohibition would, in our opinion, also apply to a justice court judge serving on a state party executive committee. Therefore, in response to your specific question, it is the opinion of this office that a justice court judge (or a candidate for justice court judge) cannot legally serve on a state party executive committee.

Sincerely,

Mike Moore, Attorney General.