Mississippi Advisory Opinions July 01, 1983: AGO 000008887 (July 1, 1983)

Mississippi Attorney General Opinions

1983.

AGO 000008887.

1983-810

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Dear Mr. Stanford:

Attorney General Bill Allain has received your letter of June 22, 1983, and has assigned it to me for reply. In your letter you state:

"The purpose of this request for an 'opinion' is to clarify section IV (5) [sic Art. 6, 171] as to the residency requirement of a candidate for Justice Court Judge. The section states that the candidate be a 'resident of the county two (2) years next pre- ceding his election.

My question is whether this means two (2) years be- fore the August primary or two (2) years before the November General Election. Also does the candidate have to physically reside in the county for two (2) years prior to his election?"

Article 6, Section 171 of the Mississippi Constitution of 1890 states in part:

"Each justice court judge shall have resided two (2) years in the county next preceding his selection."

A candidate is "selected" in the general election not in the primary. It is our opinion that a candidate for the office of justice court judge must be a resident of the county for two years before the general election.

Please find enclosed an opinion of this office to the Tippah County Democratic Executive Committee dated June 20, 1983 which also held that the two year period runs from the general election.

In reference to your question about residency we enclose a copy of an opinion of this office to the Honorable Bernard Handy, dated July 29, 1981, which discusses residency and some of the factors which can be considered.

Trusting that the above will prove of value to you, I am

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

By: Larry J. Stroud Special Assistant Attorney General

LJS:sm Enclosures