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Mississippi Advisory Opinions August 24, 1983: AGO 000008846 (August 24, 1983)

⤴ Up to Mississippi Advisory Opinions

Collection: Mississippi Attorney General Opinions
Docket: AGO 000008846
Date: Aug. 24, 1983

Advisory Opinion Text

Mississippi Attorney General Opinions

1983.

Current through 1983 Legislative Session

AGO 000008846.

1983-765


August 24, 1983
DOCN 000008846
DOCK 1983-765
AUTH P. L. Douglas
DATE 19830824
RQNM Honorable John Michael Sims
SUBJ Supervisors-Authority/Election-Co. Demo. Exec. Comm.
SBCD 220/66
TEXT Honorable John Michael Sims
Attorney at Law
Post Office Drawer P
Heidelberg, Mississippi 39439

Dear Mr. Sims:

Attorney General Allain has received your letter of request dated August 19, 1983, and has assigned it to me for research and reply.

You state that a suit has been filed against the Jasper County Democratic Executive Committee in the United States District Court, which alleges that there were numerous voting irregularities by poll workers and demands that the August 2, 1983 Democratic Primary Elections be set aside with reference to the Supervisors, Constables and Justice Court Judge's race. You further state that should the plaintiffs prevail and new elections be required, that the county would have to bear the expense of such new elections. Your question is, can the Board of Supervisors of Jasper County, Mississippi employ counsel to defend the suit.

Section 19-3-47, subparagraph (1) (b) provides in part:

"The board of supervisors shall have the power, in its discretion, to employ counsel in all civil cases in which the county is interested,. . . ."

By opinion dated October 14, 1971, by Honorable Maurice R. Black, a copy of which is attached hereto and by reference incorporated herein, this office stated that the Board of Supervisors is authorized to determine the question as to whether or not the county "is interested" in litigation and if the Board so determines, it would be the opinion of this office that the Board is authorized to employ and pay counsel a reasonable fee to defend such suit.

It is therefore the opinion of this office that if the Board of Supervisors of Jasper County finds and determines, consistent with fact, that the county is interested in and may be pecuniarily affected by the litigation, the Board of Supervisors may, in its discretion, employ and pay counsel a reasonable fee for the defense of such action.

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY P. L. Douglas First Assistant Attorney General

PLD:mfd Enclosure