Mississippi Advisory Opinions January 13, 1989: AGO 000008594 (January 13, 1989)

AGO 000008594.

Dear Mr. Barton:

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 presently serve as an Alderman in the City of Tupelo. Tupelo has the Board of Aldermen (weak Mayor Form of Government). If it is possible for an alderman to obtain a free advisory opinion concerning the following question I would appreciate you getting me a formal opinion. Specifically, my question is can the City of Tupelo designate and appoint the position of a Municipal Judge or shall the position of Municipal Judge be elected by all of the people during the Municipal Election. If not, can the Board of Aldermen appoint an individual to such a position for a period of for example five years, with the provision in the appointment that he remain in that position for the full five year term unless removed for misconduct by the Circuit or Supreme Court.

I look forward to receiving your reply to this question at your earliest convenience and in particular due to the reason that City Elections will be occurring in the City of Tupelo in the late Spring of 1989. Also, for the reason that there might be some interest in making the position elected again instead of appointed.

In response to your inquiry, this office would respectfully invite your attention to Section 21-23-3, Miss. Code Ann. 1972 as amended, which reads in pertinent part:

In all municipalities having a population of ten thousand (10,000) or more, according to the latest available federal census, there shall be a municipal judge and a prosecuting attorney, both of whom shall be appointed by the governing authorities of the municipality at the time provided for the appointment of other officers. Such municipal judge shall be a qualified elector of the county in which the municipality is located and shall be an attorney at law. Such municipal judge and prosecuting attorney shall receive a salary, to be paid by the municipality, and to be fixed by the governing authorities of the municipality.

If after a review of the above statutory language you still have some inquiries concerning this matter, please do not hesitate to contact this office for additional clarification.

Very truly yours,

MIKE MOORE, ATTORNEY GENERAL

By: Ryan Hood Special Assistant Attorney General

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