Grist v. Farese
| Docket Number: | 2003-EC-01216-SCT Linked Case(s): 2003-EC-01216-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 09-18-2003 Opinion Author: Smith, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Election contest - District attorney - Practice of law - Section 25-31-1 - Section 23-15-299(7) Judge(s) Concurring: Pittman, C.J., Waller, Cobb and Carlson, JJ. Non Participating Judge(s): Diaz, Easley and Graves, JJ. Dissenting Author : McRae, P.J. Procedural History: Bench Trial Nature of the Case: CIVIL - ELECTION CONTEST |
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| Trial Court: |
Date of Trial Judgment: 06-09-2003 Appealed from: Hinds County Circuit Court Judge: William E. Chapman, III Disposition: Found that Don Grist was not qualified as a candidate for the office of District Attorney for the Third Circuit Court District. Case Number: 251-03-406CIV |
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| Party Name: | Attorney Name: | |||
| Appellant: | Don Grist |
W. TERRELL STUBBS |
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| Appellee: | Steven E. Farese, Sr. and Anthony L. Farese | STEVEN ELLIS FARESE, SR. ANTHONY L. FARESE DAVID LEE ROBINSON |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Election contest - District attorney - Practice of law - Section 25-31-1 - Section 23-15-299(7) |
| Summary of the Facts: | While Don Grist was serving the last year of a term as chancellor for the Eighteenth Chancery Court District, three complaints were filed against him with the Mississippi Commission on Judicial Performance. Grist and the Commission resolved the consolidated complaint by entering into a Memorandum of Understanding in which Grist agreed to withdraw as a candidate in the pending election for chancellor and not to seek state judicial or legislative office at any time in the future. Thereafter, certain attorneys from the Third Circuit Court District filed a Petition Requesting Non-Qualification of Candidate before the State Executive Committee of the Democratic Party alleging that Grist had filed qualifying papers to seek election to the office of District Attorney and asked that the Executive Committee take appropriate action such that Grist's name not appear on the ballot for the office in question. The Executive Committee denied the petition. Two of the petitioners, Steven Farese, Sr. and Anthony Farese, filed a Petition for Judicial Review in the Hinds County Circuit Court. The court granted the petition, disqualified Grist as a candidate for District Attorney, and ordered that the State Executive Committee of the Democratic Party remove Grist's name from the ballot. Both Grist and those opposing his candidacy appeal. |
| Summary of Opinion Analysis: | The trial court found that Grist is not engaged in the practice of law as defined by statute or under any rational interpretation of the phrase in a legal sense, but that consideration of this question at the time of qualification was premature since he was required to be a practicing attorney at the time of his election. Section 25-31-1 provides that the district attorney shall possess all the qualifications of county officers and, in addition, shall be a regular licensed and practicing attorney and shall have been admitted to practice before the supreme court for two years. Section 23-15-299(7) provides that the proper executive committee shall determine whether each candidate is a qualified elector of the state, state district, county or county district which they seek to serve, and whether each candidate meets all other qualifications to hold the office he is seeking or presents absolute proof that he will, subject to no contingencies, meet all qualifications on or before the date of the general or special election at which he could be elected to office. The procedure provided in section 23-15-299(7) is controlling. The circuit court's finding that Grist was not a practicing attorney is supported by the testimony of the hearing. Therefore, Grist has failed to meet the statutory requirements of section 25-31-1. |
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