Scott, 021480 MSAGO, 19800214

• Case Date: February 14, 1980
• Court: South Carolina

Mr. Robert S. Scott No. 19800214 Mississippi Attorney General Opinions February 14, 1980          Mr. Robert S. Scott          Assistant State Auditor          Department of Public Audit          P. O. Box 1060          Jackson, Mississippi 39205          Dear Mr. Scott:          Attorney General Allain has received your request for an opinion dated January 28, 1980, concerning the payment of salaries to outgoing and incoming district attorneys for the month of January 1980, and for a part thereof:

Article VI, Section 174 of the Constitution of 1890 states: A district attorney for each circuit court district shall be selected in the manner provided by law, whose term of office shall be four years, whose dates shall be prescribed by law, and whose compensation shall be a fixed salary. Article XIV, Section 257 of the Constitution of 1890 states: The political year of the State of Mississippi shall commence on the first Monday of January each year.

         It is our understanding from your correspondence that the district attorney took the oath office on January 7, 1980, the first Monday in January, and that the assistants and / or other personnel were appointed on or after that date.          It is the opinion of this office that until a duly elected constitutional officer of this...