ADVISORY OPINION NO. 06-106-E
January 12, 2007
| Question Presented: | May the spouse of an assistant district attorney serve as a certified
court reporter in the same district? |
| Brief Answer: | Yes. No violation of the Ethics in Government Laws should result from a wife serving as a certified court reporter in the same circuit court district where her husband works as an assistant district attorney, especially when the wife does not transcribe any proceedings where her husband is present. |
The Mississippi Ethics Commission issued this opinion on the date
shown above in accordance with Section 25-4-17(i),
Mississippi Code of 1972, as reflected upon its minutes of even date. The Commission
is empowered to interpret and opine only upon Article IV, Section 109,
Mississippi Constitution of 1890, and Article 3, Chapter 4, Title 25, Mississippi
Code of 1972. This opinion does not interpret or offer indemnity from liability
for any other laws, rules or regulations. The Commission based this opinion
solely on the facts and circumstances provided by the requestor as restated
herein. The indemnity provided under Section 25-4-17(i)
is limited to the individual who requested this opinion and to the accuracy
and completeness of these facts.
I. LAW
No portion of the Ethics in Government Laws is pertinent here.
II. FACTS
Facts provided by the requestor are set forth below, with identifying information
redacted, and are considered a part of this opinion.
I am employed as a certified court reporter in a Circuit Court District of Mississippi, comprising 3 counties. My husband is an Assistant District Attorney in the same district. I began my employment with the Circuit Court District in October, 2003. Subsequently, on December 23, 2005 I married my husband, who was at the time and is currently, employed as an Assistant District Attorney in the Circuit Court District. I do not transcribe any proceedings where my husband is present. Also, I do not transcribe any proceedings where my husband is involved.
My question is this: Can a certified court reporter work in the same district where her husband serves as an Assistant District Attorney?
The closest opinion I have been able to find on this issue is opinion 98-132-E.
III. ANALYSIS
These facts do not involve any issues relevant to the Ethics in Government
Laws. Thus, no violation of the Ethics in Government Laws should result from
a wife serving as a certified court reporter in the same circuit court district
where her husband works as an assistant district attorney, especially when
the wife does not transcribe any proceedings where her husband is present.
The requestor may wish to contact the Board of Certified Court Reporters for
additional guidance.
MISSISSIPPI ETHICS COMMISSION
BY: Tom Hood, Executive Director and
Chief Counsel