State Codes and Statutes

State Codes and Statutes

Statutes > Mississippi > Title-25 > 5 > 25-5-1

§ 25-5-1. Removals from office.
 

If any public officer, state, district, county or municipal, shall be convicted or enter a plea of guilty or nolo contendere in any court of this state or any other state or in any federal court of any felony other than manslaughter or any violation of the United States Internal Revenue Code, of corruption in office or peculation therein, or of gambling or dealing in futures with money coming to his hands by virtue of his office, any court of this state, in addition to such other punishment as may be prescribed, shall adjudge the defendant removed from office; and the office of the defendant shall thereby become vacant. If any such officer be found by inquest to be of unsound mind during the term for which he was elected or appointed, or shall be removed from office by the judgment of a court of competent jurisdiction or otherwise lawfully, his office shall thereby be vacated; and in any such case the vacancy shall be filled as provided by law. 
 

When any such officer is found guilty of a crime which is a felony under the laws of this state or which is punishable by imprisonment for one (1) year or more, other than manslaughter or any violation of the United States Internal Revenue Code, in a federal court or a court of competent jurisdiction of any other state, the Attorney General of the State of Mississippi shall promptly enter a motion for removal from office in the circuit court of Hinds County in the case of a state officer, and in the circuit court of the county of residence in the case of a district, county or municipal officer. The court, or the judge in vacation, shall, upon notice and a proper hearing, issue an order removing such person from office and the vacancy shall be filled as provided by law. 
 

Sources: Codes, Hutchinson's 1848, ch. 18, art 5 (3); 1857, ch. 4, art 24, ch. 6, art 198; 1871, §§ 321, 392; 1880, §§ 152, 417; 1892, § 3069; 1906, § 3477; Hemingway's 1917, § 2815; 1930, § 2907; 1942, § 4053; Laws,  1979, ch. 508, § 17; Laws, 2008, ch. 458, § 1, eff from and after July 1, 2008.