Q I am a justice court judge in one county, and the board attorney in another. In the county for which I am board attorney, would it create a separation of powers issue for me to be appointed county prosecutor?

A Yes. Serving as judge and prosecutor would violate the separation of powers doctrine. Judges exercise sore powers of the judicial branch, and prosecutors exercise core powers of the executive branch. The effect of violating the separation of powers doctrine is found in Article 1, Section 2 of the Mississippi Constitution, which states: “the 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 or the other departments.” (Attorney General’s Opinion to Banks dated July 19, 2019)