J. DuPree - May 14, 2026 - Mississippi State Senator Serving as Justice Court Judge

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 May 14, 2026 The Honorable Johnny DuPree Senator, District 45 400 High Street Jackson, Mississippi 39180 Re: Mississippi State Senator Serving as Justice Court Judge Dear Senator DuPree: The Office of the Attorney General has received your request for an official opinion. Questions Presented 1. May a state senator run for a justice court judgeship and continue to serve in the Mississippi State Senate? 2. If elected as a justice court judge, may the senator continue to serve in the Mississippi State Senate? 3. If so, may the individual take a leave of absence from his or her judgeship while working during the legislative session? Brief Response 1. A Mississippi state senator may run for a justice court judgeship and continue to serve in the Mississippi State Senate. 2. Upon taking the oath to serve as a justice court judge, however, the individual may not continue to serve in the Mississippi State Senate. 3. The response to question two renders this question moot. Applicable Law and Discussion The Honorable Johnny DuPree May 14, 2026 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 The scope of this opinion is limited to whether simultaneous service as a state senator and a Mississippi justice court judge violates the separation of powers doctrine. Should you wish to seek additional guidance, we would refer you to the Mississippi Ethics Commission and the Commission on Judicial Performance. Article I, Sections 1 and 2 of the Mississippi Constitution of 1890 provide: The powers of the government of the state of Mississippi shall be divided into three distinct departments, and each of them confided to a separate magistracy, to-wit: those which are legislative to one, those which are judicial to another, and those which are executive to another. No person or collection of persons, being one or belonging to one of these departments, shall exercise any power properly belonging to either of the others. The acceptance of an office in either of said departments shall, of itself, and at once, vacate any and all offices held by the person so accepting in either of the other two departments. We read Article I, Sections 1 and 2 of the Mississippi Constitution as prohibiting “a person [from] serving simultaneously in two separate branches of government. In essence, no officer of one branch of government may perform a function ‘at the core’ of the power properly belonging to either of the other two branches of government.” MS AG Op., Abron at *1 (June 21, 2004); see also Dye v. State, 507 So. 2d 332, 343 (Miss. 1987); MS AG Op., Walker at *1 (Nov. 2, 2001). It is undeniable that members of the legislature exercise core powers in the legislative branch, and a justice court judge exercises a core judicial function. As such, an individual may not simultaneously hold both positions. MS AG Op., Wolfe at *1 (Jan. 19, 2007). That said, an individual does not assume the core powers of an office until he or she has sworn the oath of office. MS AG Op., Baker at *1 (Nov. 21, 2008). Therefore, a Mississippi state senator may run for the office of justice court judge, but upon swearing the oath of office to serve as a judge, he or she automatically vacates the position of Mississippi state senator. As to your third question, our response to question two renders this question moot. If this office may be of any further assistance to you, please do not hesitate to contact us. Sincerely, LYNN FITCH, ATTORNEY GENERAL By: /s/ Beebe Garrard Beebe Garrard Special Assistant Attorney General