Mississippi Advisory Opinions January 30, 2015: AGO 2015-00015 (January 30, 2015)

Advisory Opinion Text

AUTH: Liz Bolin

RQNM: Carl Griffin

SUBJ: Elections - qualifications of candidates

SBCD: 71

TEXT: Mr. Carl Griffin

Chief Deputy, Perry Co. Sheriff's Department

P.O. Box 228

New Augusta, MS 39462-0228

Re: Attorney General opinion concerning election

Dear Mr. Griffin:

Attorney General Hood is in receipt of your request for an official opinion and it has been assigned to me for research and reply.

Background and Questions Presented

Your letter states that you currently serve as Chief Deputy of the Perry County Sheriff's Department and you are considering running for Justice Court Judge. You present two questions.

1. Do I have to resign my position as deputy sheriff to run for the elected position of Justice Court Judge?

2. If I do not have to resign, what are the restrictions with regard to campaigning for the office of Justice Court Judge?

In response, there is no state prohibition against a county employee being a candidate for elective public office so long as such does not interfere with the prompt and efficient discharge of his duties in carrying out his present employment. MS AG Op., Swayze (May 9, 1979). Regarding your second question, please find enclosed three opinions issued by this office which discuss restrictions on campaigning by public employees. We also recommend you seek guidance from the Mississippi Commission on Judicial Performance regarding campaign restrictions. In addition, the Sheriff may have personnel policies which address these issues.

Please let us know if this office can be of further assistance.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

Elizabeth S. Bolin, Special Assistant Attorney General.