Mississippi Advisory Opinions March 22, 1991: 19910322 (March 22, 1991)

Advisory Opinion Text

Honorable J.R. Parham, Jr.

Honorable James Reed Harmon

Honorable L.C. Sanders

Honorable Ronnie Raigins

Honorable Billie Pruett

Monroe County Election Commissioners

Post Office Box 843

Aberdeen, Mississippi 39730

Dear Commissioners:

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

“Please provide the Monroe County Election Commissioners with a legal opinion regarding the following:

Can a person who is presently serving as Justice Court Judge also be a candidate for the office of Sheriff without having to give up his present position as Justice Court Judge?

We now have this particular situation in our county and there has been some question about this. Therefore, we request a legal opinion as soon as possible.”

While we find no specific statutory requirement that a Justice Court Judge resign his office in order to be a candidate for Sheriff, Canon 7 A (3) of the Code of Judicial Conduct of Mississippi Judges provides:

“A judge should resign his office when he becomes a candidate either in a party primary or in a general election for a non-judicial office, except that he may continue to hold his judicial office while being a candidate for election to or serving as a delegate in a state constitutional convention, if he is otherwise permitted by law to do so.”

Therefore, to avoid being in violation of the above quoted Canon, a Justice Court Judge must resign his office in order to be a candidate for the non-judicial office of Sheriff.

For your information we are enclosing a copy of an opinion addressed to Judge Robert Chinn, Jr., dated April 18, 1990 which addresses a similar question.

Sincerely,

Mike Moore Attorney General.

Phil Carter Special Assistant Attorney General.