Poor Micah Dutro. Mr. Dutro is a Jackson attorney running for Justice Court Judge in Hinds County. Mr. Dutro has been making the airwaves lately over Hinds County redistricting, whining about the Supes moving him from District 1 to District 5 and back to District 1 after the Justice Department's rejection. He's been on WLBT, Fox 40, WJTV, and in the Jackson Free Press. Sure has gotten a bunch of free publicity. However, lets look at the actual law since apparently Mr. Dutro, a practicing attorney and wannabe judge, apparently did not know the law was actually in his favor.
Mr. Dutro is apparently unaware that a candidate for justice court judge does not have to live in the district in which he is a candidate. He told the JFP:
"Let's say I win the election, I become the judge for District 1, and we decide to move to Clinton. I would not have to automatically resign my position because I moved. I just couldn't run for District 1 anymore. I think that's the theory."
Um, ok. Instead of thinking about the theory, how about looking at the actual law? You know, lawyer stuff. Maybe he should consult with a few reporters and code books because the Mississippi Constitution, Mississippi Code, the Mississippi Supreme Court, and the Mississippi Attorney General all say the same thing: Mr. Dutro does not have to live in District 1 to be a candidate in District 1 (JJ readers know what is about to happen. Here we go.).
The Mississippi Supreme Court ruled in Montgomery v. Lowndes County Democratic Executive Commitee " ( 969 So. 2d 1 (2007)):
"In this case we are presented with a question of first impression. A candidate for justice court judge does not live in the particular election subdistrict where she wishes to run for office, although she is a resident of that county. Does her lack of residence within the subdistrict prevent her qualifying as a candidate? Because the Constitution of 1890 sets the only requirements for justice court judges, we hold that she is not barred from qualification..."
The Court then cited the Mississippi Constitution:
"The Constitution of 1890 creates a series of requirements for those wishing to qualify as candidates for the office of justice court judge. Along with providing a four-year term of office and placing educational requirements on those persons elected after 1976, the Constitution requires that “[e]ach justice court judge shall have resided two (2) years in the county next preceding his selection.” Miss. Const. of 1890 art. 6, § 171."
The Mississippi Attorney General followed this ruling in a 2010 opinion:
"The ruling in Montgomery that a candidate for the office of justice court judge is not required to live in the district he or she seeks to serve is not applicable to a candidate for the office of constable. Therefore, a candidate for the office of constable must be a resident and qualified elector of the justice court district he or she seeks to serve." (Wilson opinion, Opinion No. 2010-00510).
One is not remiss in thinking a lawyer running for judicial office should actually know what the law is concerning the basic requirements for the office he seeks. One is also not remiss in wondering why Mr. Dutro did not challenge the actions that so injured him when the law was definitely on his side. Maybe its because Mr. Dutro is too busy hanging out in Madison. You see, Mr. Dutro, who is a Jackson resident and works in Jackson, also moonlights as a private investigator. One of his jobs is to go to the meetings of the Madison Board of Aldermen and videotape them on a regular basis. Strangely enough, Mr. Dutro refuses to tell anyone who he is representing when asked. Oddly enough, I've yet to see Mr. Dutro take such an interest in Jackson or Hinds County politics. Perhaps Mr. Dutro should put down the video camera and pick up a law book. Of course, Mr. Dutro can still run in District 5 but that thought does not seem to have crossed his mind.
One last thought: Who would be willing to pay for an attorney to go to most Madison Board of Aldermen meetings and videotape them? I don't think it takes a genius to figure out who the client might be.
5 comments:
I'm no genius and I didn't stay at the Holiday Inn Express last either, but I am smart enough to know that if I'm hiring an attorney (WTH???) to film meetings I'd make sure that the attorney is somewhat worth his salt. Although that in itself might be hard to do, as what self-respecting attorney would pimp his video services as a part time job?
I digress. Is the answer The Kingpin of Madison County?
I knew the Dutro story was a joke once J. Matthew Cottonweiner starting hyping it.
I'm voting for the Republican running in that particular race. ;-)
He did finish law school and passed the bar....May have made an error...but he's a lawyer....et u?
Sounds like the guy made a mistake. I've seen much worse made.
Now that his research mistake is noted, I think it's saying that I believe that Justice Randolph's dissent made a lot of sense and maybe one day this controversy will be revisited.
With all the action this year in the GOP primary Dutro will be hard pressed to get past Palmer.
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