Can a Mississippi deputy sheriff also work as a justice court deputy clerk and accept sworn affidavits?

Plain-English summary

A Lafayette County justice court judge asked whether one person may work both as a deputy sheriff and as a justice court deputy clerk who accepts sworn affidavits. The Attorney General answered yes under Mississippi's separation of powers doctrine.

The question turns on the powers of each job, not merely the fact that the jobs sit in different branches. A deputy sheriff exercises core executive power through law enforcement. A justice court deputy clerk performs the duties listed in Section 9-11-27, such as filing pleadings, acknowledging affidavits, certifying records, and issuing process. Under Section 99-33-2, a clerk also records criminal affidavits and assigns cases to a justice court judge. The opinion treats those clerk duties as administrative work connected to a court, without making them core judicial power. Holding the two posts therefore does not violate the separation of powers rule applied in the opinion.

The AG confined its answer to separation of powers. It referred possible conflicts of interest and other ethical questions arising from the combined service to the Mississippi Ethics Commission.

What this means for you

Deputy sheriffs considering justice court clerk work

The opinion finds no separation of powers bar to also serving as a justice court deputy clerk and acknowledging affidavits. Its conclusion rests on the clerk duties described in Sections 9-11-27 and 99-33-2. It does not resolve whether a particular combined assignment creates an ethical conflict.

Justice court judges and county personnel officers

The AG distinguishes the clerk's administrative tasks from a judge's core judicial powers. The opinion therefore permits the two positions under the separation of powers doctrine, while expressly leaving any conflict of interest or other ethical issue to the Mississippi Ethics Commission.

Common questions

Q: Can a deputy sheriff accept affidavits while working as a justice court deputy clerk? A: Yes. The opinion specifically names acknowledging affidavits among the clerk duties that do not exercise core judicial power.

Q: Does working in a court automatically prevent someone from serving as a deputy sheriff? A: No. The AG tested whether both positions exercise core powers of different branches. It found core executive power in the deputy sheriff role, but no core judicial power in the statutory duties of a justice court deputy clerk.

Q: Does this opinion clear every ethics issue with holding both jobs? A: No. The AG limited its answer to separation of powers and referred conflict of interest and other ethical questions to the Mississippi Ethics Commission.

Background and statutory framework

Mississippi's constitution divides government into three branches. The opinion says the separation of powers doctrine bars one person from positions in two branches when both jobs exercise core powers in their respective branches. It quotes the Mississippi Supreme Court's description of core power in Dye v. State as acts that are ongoing, high-level, and substantially concerned with policymaking.

The opinion relies on prior AG opinions treating deputy sheriffs as exercising core executive authority, while treating justice court clerks' administrative work as outside core judicial power. Sections 9-11-27 and 99-33-2 supply the specific clerk duties at issue. The answer is limited to those duties and that constitutional question.

Citations and references

• Mississippi Constitution, art. I, §§ 1-2 (separation of powers)
• Sections 9-11-27 and 99-33-2 (justice court clerk duties)
• Dye v. State, 507 So. 2d 332, 343 (Miss. 1987)
• In re Anderson, 447 So. 2d 1275 (Miss. 1984)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2026/10/M.-Avent-October-15-2026-Simultaneous-Service-as-Deputy-Sheriff-and-Justice-Court-Deputy-Clerk.pdf

Original opinion text

October 15, 2026
The Honorable Mickey Avent
Justice Court Judge, Lafayette County
72 F.D. Buddy East Parkway, Suite 201
Oxford, Mississippi 38655
Re:

Simultaneous Service as Deputy Sheriff and Justice Court Deputy Clerk

Dear Judge Avent:
The Office of the Attorney General has received your request for an official opinion. Question Presented May a deputy sheriff also serve as a justice court deputy clerk and accept sworn affidavits? Brief Response Yes. An individual employed as a deputy sheriff has law enforcement authority and exercises core powers within the executive branch. However, the statutory duties of a justice court deputy clerk, including acknowledging affidavits, do not constitute the exercise of core judicial powers. Accordingly, simultaneous service as a deputy sheriff and a justice court deputy clerk does not violate the separation of powers doctrine. Applicable Law and Discussion The scope of this opinion is limited to whether the simultaneous service in two public positions violates the separation of powers doctrine. We refer you to the Mississippi Ethics Commission regarding any potential conflicts of interest or other ethical implications arising out of simultaneous service. The powers of the government of the State of Mississippi are divided into the legislative, judicial, and executive branches. MISS CONST. art. I, § 1. The separation of powers doctrine prohibits a person from holding positions in two different branches of government when both positions exercise “core powers” within their respective branches. See MISS CONST. art. I, § 2; MS AG Op., Hudson at *1 (June 26, 2020). “‘Core power’ has been defined by the Mississippi Supreme Court 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680

Honorable Mickey Avent
October 15, 2026
Page 2
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)). This office has opined that an individual employed as a deputy sheriff has law enforcement authority and exercises core powers within the executive branch. MS AG Op., Smith at 2 (July 26, 2013) (citing MS AG Op., Bluntson (Oct. 8, 2008); In re Anderson, 447 So. 2d 1275 (Miss. 1984)). This office has previously opined that a justice court clerk’s administrative authority to assign courtrooms for the convenience of defendants does not constitute the exercise of core judicial power. MS AG Op., Millender at 1 (Sept. 25, 1991). Consistent with that opinion, this office has also opined that simultaneous service as a justice court clerk and mayor does not violate the separation of powers doctrine. MS AG Op., Young at 1 (Dec. 3, 1992). Section 9-11-27 authorizes justice court clerks and deputy clerks to file and record pleadings, acknowledge affidavits, certify court records, and issue necessary process. Section 99-33-2 requires a justice court clerk to record criminal affidavits and assign the cases to a justice court judge. Although these duties relate to the operation of the judicial branch, they do not constitute the exercise of core judicial powers. MS AG Op., Young at *1 (Dec. 3, 1992). Consistent with prior opinions regarding justice court clerks, we conclude that a justice court deputy clerk’s performance of these statutory duties, including acknowledging affidavits, does not constitute the exercise of core judicial powers. Accordingly, it is the opinion of this office that, although a deputy sheriff exercises core powers within the executive branch, the statutory duties of a justice court deputy clerk do not constitute the exercise of core judicial powers. Therefore, simultaneous service as a deputy sheriff and a justice court deputy clerk does not violate the separation of powers doctrine. Again, we refer you to the Mississippi Ethics Commission regarding any potential conflicts of interest or other ethical implications arising out of simultaneous service. 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/ Regan McKnight
Regan McKnight
Special Assistant Attorney General

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