C. Hale - August 25, 2026 - Separation of Powers Between Emergency Management Director and Justice Court Judge

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 August 25, 2026 Mr. Charles Hale Director, Coahoma County Emergency Management and Central Dispatch 71 Sunflower Avenue Clarksdale, Mississippi 38614 Re: Separation of Powers Between Emergency Management Director and Justice Court Judge Dear Mr. Hale: The Office of the Attorney General has received your request for an official opinion. Background According to your request, you currently serve as the Emergency Management Director for Coahoma County pursuant to an appointment by the Coahoma County Board of Supervisors. You intend to qualify to run for election as justice court judge for Tunica County in January 2027. Question Presented May an individual simultaneously serve as the Emergency Management Director for Coahoma County while also serving, if elected, as a justice court judge in Tunica County? Specifically, does this dual service violate the separation of powers doctrine or any other state statutes regarding the compatibility of public offices? Brief Response An individual may not simultaneously serve as the Emergency Management Director for Coahoma County and as a justice court judge in Tunica County because such dual service would violate the separation of powers doctrine of the Mississippi Constitution. Mr. Charles Hale August 25, 2026 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 Applicable Law and Discussion This opinion’s scope is limited to a potential violation of the separation of powers doctrine. Please contact the Mississippi Ethics Commission for other ethical considerations or the Commission on Judicial Performance for additional guidance. The separation of powers doctrine limits a person’s ability to simultaneously serve in more than one branch of government. MISS. CONST. art. I, §§ 1-2; MS AG Op., Hudson at *1 (June 26, 2020). Specifically, “[a] person who exercises ‘core powers’ in one branch of government cannot simultaneously hold a position in another branch of government if that position also exercises ‘core powers.’” MS AG Op., Hudson at *1. “Core powers may be described as powers which are ongoing in nature, are in the upper level of governmental affairs and have a substantial policy- making character.” MS AG Op., Glover at *1 (July 8, 2005). An emergency management director exercises core powers in the executive branch of government. MS AG Op., Walley at *1 (Mar. 15, 2002); MS AG Op., Horne at *1 (Aug. 1, 2007). A justice court judge exercises core powers in the judicial branch of government. MS AG Op., Glover at *2. Further, this office has opined that the separation of powers doctrine does not limit its prohibition against simultaneous service in more than one branch of government to service within the same political subdivision. See MS AG Op., White at *1 (Jan. 11, 2002) (“Service in two separate municipalities does not alter the opinion of this office that a municipal alderman cannot serve as a municipal police officer while continuing to hold the office of alderman.”) (citing In re Anderson, 447 So. 2d 1275 (Miss. 1984)). Accordingly, because the positions of emergency management director and justice court judge exercise core powers in two different branches of government, the separation of powers doctrine prohibits concurrent service in both positions. Finally, we note that the Mississippi Constitution provides that “acceptance of an office” in one of the three departments of state government “shall, of itself, and at once, vacate any and all offices held by the person so accepting in either of the other departments.” MISS. CONST. art. I, § 2. Thus, an emergency management director may run for the office of justice court judge, but upon swearing the oath of office to serve as judge, he or she automatically vacates the position of director. Id.; MS AG Op., O’Reilly-Evans at *1 (Dec. 27, 2011). 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/ Maggie Kate Bobo Maggie Kate Bobo Special Assistant Attorney General