Can a person serve as a Mississippi city fire chief and a county justice court judge at the same time?

Plain-English summary

Picayune was looking to hire a new fire chief. One of the candidates already held a part-time job as a justice court judge for Pearl River County. The mayor wanted to know whether the candidate could legally do both.

Mississippi's constitution forbids one person from simultaneously holding two government positions if both involve "core powers" of different branches. A justice court judge clearly exercises core judicial powers (the AG had said as much in a 2005 opinion). The question was whether a city fire chief exercises core executive powers.

The AG concluded yes. The fire chief described in the request had real authority: full management of the department, the budget, the staff, and emergency response, plus the role of Civil Defense Director with full responsibility for the city. The chief could hire and fire department employees (subject to the city manager's override). Those are not "low-level administrative" tasks. They are ongoing, upper-level governmental decisions with substantial policy-making character. That is the textbook definition of executive core power.

Result: the candidate cannot hold both jobs. Either the candidate steps down from the judgeship before becoming fire chief, or the city has to pick someone else.

What this means for you

For city attorneys and HR directors hiring department heads

Before extending an offer to anyone who already holds another government position, run the dual-office-holding analysis. Map the duties of both positions against the "core powers" test from Dye v. State. If the role manages staff, sets policy, controls a budget, or represents the entity to outside agencies, it is probably a core executive power and triggers a conflict with any judicial or legislative role. The candidate either resigns from the other position or you find a different candidate. Get this resolved before they are sworn in, not after.

For sitting judges considering a city or county appointment

Justice court judges, county court judges, and similar judicial officers cannot accept appointments to executive positions that involve core powers. Department heads (police, fire, public works), city managers, and similar roles are out. Lower-level administrative jobs, advisory committee seats, or strictly clerical roles may be fine, but get a written legal opinion before assuming a particular position is safe.

For mayors and city councils

Document the duties of any vacancy you are filling, especially when a strong candidate has another government job. The AG's analysis turns on what the chief actually does in your city, not on what the title typically means. If the chief in your city has lighter duties (no Civil Defense Director role, no hire/fire authority), the analysis could come out differently. Get the duties on paper before you ask the AG.

For citizens and journalists watching local hiring

The dual-office bar exists to keep one person from accumulating power across branches. If your city hires someone who already holds a judgeship, a school board seat, or a state legislative seat, the appointment is open to challenge and the resulting acts may be void.

Common questions

Can the fire chief candidate just resign from the justice court judgeship and take the fire chief job?
Yes. The bar is on simultaneous service, not on switching from one role to the other.

What if the city manager has more authority than the fire chief?
The AG noted the city manager has final say on hiring and firing. That fact alone did not save the dual-role arrangement. The chief still had enough independent core-power duties (full management of the department, Civil Defense Director, budget control) to qualify as exercising executive core powers.

Does this apply only to fire chiefs?
No. The same analysis governs any government position. The AG has applied the core-powers test to county fire coordinators, civil defense directors, homeland security directors, and city managers, all of whom were held to exercise executive core powers.

Is the Civil Defense Director role what made the difference?
It was a major factor. The AG had previously held that civil defense directors and homeland security directors exercise executive core powers in their own right. When a fire chief is also the Civil Defense Director, that combination alone likely triggers the bar.

What happens if the city hires someone in violation of this rule?
The judicial branch generally treats acts taken in violation of the dual-office rule as void or voidable. That can mean overturned department decisions, nullified contracts, and personal liability. Don't risk it.

Background and statutory framework

Mississippi Constitution article I, section 2 codifies the separation of powers between the legislative, executive, and judicial branches. The Mississippi Supreme Court has interpreted that section to bar one person from holding positions in two different branches when both positions exercise "core powers."

In Dye v. State, the court defined core power as ongoing activity at the upper levels of government with substantial policy-making character, and contrasted that with low-level administrative matters which do not trigger the bar.

The AG's office has applied this test to a variety of positions. Justice court judges exercise judicial core powers. County fire coordinators serving as liaisons between the Insurance Commissioner and local government exercise executive core powers. County civil defense directors, municipal homeland security directors, and city managers all have been held to exercise executive core powers. The fire chief role described in the Picayune request fit that pattern.

Citations

• Miss. Const. art. I, § 2 (separation of powers)
• Dye v. State, 507 So. 2d 332, 343 (Miss. 1987) (definition of core power)
• Alexander v. State, 441 So. 2d 1329, 1337 (Miss. 1983) (low-level administrative matters distinguished)
• MS AG Op., Glover (July 8, 2005) (justice court judge exercises judicial core powers)
• MS AG Op., Hudson (June 26, 2020) (separation of powers framework)
• MS AG Op., Smith (Aug. 8, 2005) (county fire coordinator)
• MS AG Op., Walley (Mar. 15, 2002) (county civil defense director)
• MS AG Op., Horne (Aug. 1, 2007) (municipal homeland security director)
• MS AG Op., Williams (Mar. 27, 2009) (hire/fire authority over city manager is executive core power)
• MS AG Op., Pope (Feb. 20, 2015) (city fire chief is in executive branch)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2025/01/J.-Luke-January-30-2025-Core-Powers.pdf

Original opinion text

January 30, 2025

The Honorable Jim Luke
Mayor, City of Picayune
203 Goodyear Boulevard
Picayune, Mississippi 39466

Re: Core Powers

Dear Mayor Luke:

The Office of the Attorney General has received your request for an official opinion.

Background

According to your request, Picayune (the "City") is currently without a fire chief. The City is in the process of interviewing for the position, and one of the candidates is well suited for the position. The City is considering hiring the candidate; however, the candidate currently serves in a separate position as a justice court judge for Pearl River County. The City is aware that the Office of the Attorney General has previously opined that a justice court judge exercises core powers within the judicial branch of government. See MS AG Op., Glover at *2 (July 8, 2005). The City is also aware that if the City's fire chief exercises core powers of the executive branch, then that person cannot serve as both the City's fire chief and justice court judge for Pearl River County. You provide that the City's fire chief can generally hire and fire the fire department employees, but the city manager has the final say in hiring and firing with the ability to overrule the fire chief's recommendation. Beyond this, a summary of the fire chief's major duties are as follows:

• Assume full management responsibility for all fire department services and activities, including serving as the Civil Defense Director with full responsibility for the City
• Represent the fire department to other City departments, elected officials, and outside agencies
• Develop and manage the fire department budget
• Coordinate fire department activities with other departments, outside agencies, schools, and organizations
• Direct department staff meetings
• Respond to major emergencies and direct and participate in the fire suppression and rescue operations activities as necessary
• Oversee, review, and approve all purchase acquisitions
• Perform other duties as directed

Question Presented

Does the position of fire chief for the City exercise "core powers" of the executive branch of government?

Brief Response

Based on your described duties of the City's fire chief, including but not limited to managing all fire department services and activities, serving as the Civil Defense Director, and having the ability to hire and fire employees, it is the opinion of this office that the City's fire chief exercises core powers in the executive branch of government.

Applicable Law and Discussion

The separation of powers doctrine prohibits a person from holding positions in two different branches of government if both positions exercise "core powers" within their respective branch. See MISS. CONST. art. I, § 2; MS AG Op., Hudson at 1 (June 26, 2020). "'Core power' has been defined by the Court to include those circumstances 'where the acts are ongoing and are in the upper level of governmental affairs and have a substantial policy-making character.'" MS AG Op., Hudson at 1 (quoting Dye v. State, 507 So. 2d 332, 343 (Miss. 1987)). "[L]ow level 'administrative matters,'" on the other hand, do not equate to an exercise of core power. Dye, 507 So. 2d at 343 (quoting Alexander v. State, 441 So. 2d 1329, 1337 (Miss. 1983)).

You ask if the City's fire chief exercises "core powers" of the executive branch of government. This office has previously opined that a county fire coordinator, serving as a liaison between the Commissioner of Insurance and local government, exercises powers that are "ongoing and are in the upper level of governmental affairs." MS AG Op., Smith at 1-2 (Aug. 8, 2005). We have also opined that a county civil defense director in the executive branch could not simultaneously serve on the county board of supervisors in the judicial branch. MS AG Op., Walley at 1 (Mar. 15, 2002). Likewise, in MS AG Op., Horne at 1 (Aug. 1, 2007), we opined that a "homeland security director for a municipality performs core power duties which are essentially equivalent to or exceed the duties of a civil defense director or emergency management director." (emphasis added). And in MS AG Op., Williams at 3 (Mar. 27, 2009), this office opined that the power to hire and fire the city manager was an executive core power.

In your request, you state that the City's fire chief, among other duties, assumes full management responsibility for all fire department services and activities, including serving as the Civil Defense Director with full responsibility for the City. You also state that the fire chief can generally hire and fire the fire department employees. These duties are not "low level administrative matters." Dye, 507 So. 2d at 343. Rather, as this office has previously opined, such duties are "ongoing and are in the upper level of governmental affairs and have a substantial policy-making character." Id.

Accordingly, it is the opinion of this office that the City's fire chief exercises core powers in the executive branch of government.

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