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Thread: Serving as both a deputy sheriff and an alderman appears to violate the separation of powers provisions of the Mississippi Constitution.

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    Nov 2013
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    Default Serving as both a deputy sheriff and an alderman appears to violate the separation of powers provisions of the Mississippi Constitution.

    Q Serving as both a deputy sheriff and an alderman appears to violate the separation of powers provisions of the Mississippi Constitution, but what is the effect of the constitutional provision to the effect that “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 departments?”

    A The legal effect of a deputy sheriff taking office as an alderman is that he automatically vacates the office of deputy sheriff when he takes office as an alderman. (Attorney General Opinion to Powell, November 1, 2013)
    Last edited by Sharon Thomas; 11-26-2013 at 11:45 AM.

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