May a Mississippi county emergency-management director also serve as a justice-court judge in another county?

Plain-English summary

The Mississippi Attorney General concluded that one person may not simultaneously serve as Coahoma County's emergency-management director and as a Tunica County justice-court judge. Both positions exercise core governmental powers, one in the executive branch and the other in the judicial branch.

Serving in different counties did not change the separation-of-powers analysis. The opinion relied on prior guidance and In re Anderson for the principle that the constitutional restriction applies across political subdivisions.

The emergency-management director could run for judge. If elected, however, taking the judicial oath would automatically vacate the executive position under article I, section 2 of the Mississippi Constitution.

What this means for you

Emergency-management directors and judicial candidates

Running for judicial office was not prohibited. Concurrent service was: accepting and taking the oath for the judgeship would vacate the director position.

County supervisors and election officials

The two posts remain incompatible even though they belong to different counties because each exercises core power in a different constitutional branch.

Justice-court judges

The opinion treats a justice-court judge as exercising judicial core powers that cannot be combined with an executive office exercising its own core powers.

Common questions

Could the director qualify and campaign for judge?

Yes. The opinion states that the director may run for the office.

When would the director position become vacant?

Upon accepting the judicial office and taking the oath to serve as judge.

Does it matter that the two positions are in different counties?

No. The separation-of-powers prohibition was not limited to offices within the same political subdivision.

Did the opinion resolve all ethics questions?

No. Its scope was limited to separation of powers and referred other ethical or judicial-performance issues to the relevant commissions.

Background and statutory framework

Charles Hale served as Coahoma County's emergency-management director and intended to run for Tunica County justice-court judge in January 2027. He asked whether he could hold both posts if elected.

Article I, sections 1 and 2 divide Mississippi government into branches, prohibit one person from exercising core powers in two branches, and provide that accepting an office in another branch vacates the first office.

Citations and references

• Miss. Const. art. I, §§ 1-2
• In re Anderson, 447 So. 2d 1275 (Miss. 1984)

Source

• Index page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2026/08/C.-Hale-August-25-2026-Separation-of-Powers-Between-Emergency-Management-Director-and-Justice-Court-Judge.pdf

Original opinion text

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.

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201
POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205
TELEPHONE (601) 359-3680

Mr. Charles Hale
August 25, 2026
Page 2
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 policymaking 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

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201
POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205
TELEPHONE (601) 359-3680