Mississippi Advisory Opinions October 20, 1988: AGO 000008411 (October 20, 1988)

AGO 000008411.

Dear Mr. Thomas:

Attorney General Mike Moore has received your letter of request and has assigned it to the undersigned for research and reply. In your letter you state:

I was appointed Yazoo County Judge by Governor Mabus on May 6, 1988. I was appointed to the office after Judge Kelly Collins was removed by the Mississippi Supreme Court.

I have reviewed 23-15-849 of the election code and believe the controlling issue is "when the vacancy occurred". The operative dates are as follows:

(1) Judge Collins was immediately removed by the Court's opinion on November 25, 1987;

(2) A petition for rehearing was filed, and was denied on March 16, 1988;

(3) The Court's mandate was issued on March 16, 1988.

Did the vacancy occur on November 25, 1987, with the Court's original opinion, or did the vacancy occur on March 24, 1988, when the Court's mandate was entered?

The purpose of this inquiry is to determine if I must run for election this year or a the end of Judge Collins' unexpired term. If you would address this issue immediately I would greatly appreciate it since time is of the essence at this point.

It is the opinion of this office that the effective date of Judge Collins' removal from office was on November 25, 1987.

Accordingly, you will be required to run for reelection this year.

Very truly yours,

MIKE MOORE, ATTORNEY GENERAL

BY Ryan Hood Special Assistant Attorney General

RH:mfd