Justice Court judge resigns to be candidate

Published 12:00 am Tuesday, March 11, 2003

[03/11/03]Northern District Justice Court Judge Richard Smith’s resignation was accepted Monday by the Warren County Board of Supervisors.

Smith is running for district attorney in the 9th Circuit District.

“Canon 5 of the Judicial Code of Professional Behavior says if you are a sitting judge and you choose to run for an elected office then you must vacate your judgeship,” Warren County attorney Richard Sherard said.

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Smith, 44, who has served as Northern District justice court judge since 1999 and has been in private law practice in Vicksburg for nearly 10 years, filed qualifying papers last week for DA for Warren, Issaquena and Sharkey counties. Three-term DA Gil Martin, 58, is seeking re-election on the same ballot.

“I enjoyed the work I was doing and I will miss the people I worked with,” Smith said. “But I have some ideas of some changes that will bring about some positive changes that will benefit families of the district.”

Supervisors said Monday they will follow a process they’ve used several times in recent months accepting applications for the Northern District Justice Court judgeship, interviewing and then naming a judge to serve until Jan. 1.

Attorneys and non-attorneys are eligible. Applications will be taken at the Chancery Clerk’s Office until March 21, followed by interviews on March 24 at 1 p.m.

Richard George, District 5 supervisor and board president, said he expects to make an appointment before April 1.

“We are bound to have some qualified applicants,” he said. “The only thing that would stop us from filling the position is not having a qualified applicant.”

Candidates who filed for election to Smith’s post may apply for the appointment, but if one is selected, he’ll have to leave in January unless selected by voters in this fall’s elections. On the ballot will be Edwin Woods, 38, a Republican, and three independents, who join Vicksburg attorney W.B. Duggins, 75; Vicksburg police officer Bill Jeffers, 35; and former Vicksburg police officer Greg Kurtz, 36.

Justice courts have jurisdiction in all civil cases involving amounts of $2,500 or less. They also handle many preliminary and criminal matters from parts of the county outside the city limits, including misdemeanor cases and preliminary hearings in felony cases.

In the past few months, supervisors have used the interview and appointment process to select a constable and a county prosecutor.