Montgomery v. The Lowndes County Democratic Executive Committee
| Docket Number: | 2007-EC-00863-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 06-07-2007 Opinion Author: DIAZ, P.J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Election contest - Residency of justice court judge candidate - Miss. Const. of 1890 art. 6, § 171 - Miss. Const. of 1890 art. 12, § 250 Judge(s) Concurring: Waller, P.J., Graves and Dickinson, JJ. Non Participating Judge(s): Smith, C.J., and Easley, J. Dissenting Author : Randolph, J. Dissent Joined By : Randolph, J., Dissents with Separate Carlson and Lamar, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - ELECTION CONTEST |
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| Trial Court: |
Date of Trial Judgment: 05-17-2007 Appealed from: LOWNDES COUNTY CIRCUIT COURT Judge: Vernon Cotten Disposition: The trial court declined to overturn the decision of the Executive Committee, disqualifying the Appellant from candidacy for justice court judge as she did not live in the subject district, but did live within the proper county. Case Number: 2007-0043-CV1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | MONIQUE BROOKS MONTGOMERY |
BRIAN AUSTIN HINTON |
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| Appellee: | THE LOWNDES COUNTY DEMOCRATIC EXECUTIVE COMMITTEE AND LEON HINES, IN HIS OFFICIAL CAPACITY AS PARTY CHAIRMAN | WILLIAM THOMAS COOPER |
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| Topic: | Election contest - Residency of justice court judge candidate - Miss. Const. of 1890 art. 6, § 171 - Miss. Const. of 1890 art. 12, § 250 |
| Summary of the Facts: | Monique Montgomery desires to qualify as a candidate for the position of justice court judge in District 3 of Lowndes County. She is a resident of that county but admits that she is not a resident within District 3. The Lowndes County Democratic Executive Committee, through its Chairman Leon Hines, refused to qualify her. Montgomery petitioned the Lowndes County Circuit Court for a review of that decision. The trial court declined to overturn the decision of the Executive Committee. Montgomery filed a bill of exceptions with the Supreme Court. |
| Summary of Opinion Analysis: | Miss. Const. of 1890 art. 6, § 171 provides that each justice court judge shall have resided two years in the county next preceding his selection. In addition, the justice court judge section requires that justice court judges shall be a high school graduate or have a general equivalency diploma if elected after 1976, in contrast to the qualified elector statute, which sets no education requirement. Miss. Const. of 1890 art. 12, § 250 provides that as to an office where no other qualification than that of being a qualified elector is provided by this Constitution, the Legislature may, by law, fix additional qualifications for such office. A statute crafted by the Legislature may not provide for changes in the justice court judge section of the Constitution. Therefore, Montgomery is properly qualified as a candidate. |
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