In Interest of RG

632 So. 2d 953, 1994 WL 45626
CourtMississippi Supreme Court
DecidedFebruary 17, 1994
Docket92-CA-1295
StatusPublished
Cited by6 cases

This text of 632 So. 2d 953 (In Interest of RG) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Interest of RG, 632 So. 2d 953, 1994 WL 45626 (Mich. 1994).

Opinion

632 So.2d 953 (1994)

IN THE INTEREST OF R.G. Defending The Constitutionality of the Mississippi Statute.

No. 92-CA-1295.

Supreme Court of Mississippi.

February 17, 1994.

Michael C. Moore, Atty. Gen., James F. Steel, Sp. Asst. Atty. Gen., Jackson, for appellant.

Richard Flood, Ridgeland, for appellee.

En Banc.

McRAE, Justice, for the Court:

This appeal arises from an October 14, 1992, opinion by the County Court Judge of *954 Madison County finding that the Compulsory School Attendance Law, Miss. Code Ann. § 37-13-91 (1990), is unconstitutional insofar as it requires the selection and supervision of school attendance officers to be undertaken by youth court judges. The Attorney General, following his statutory mandate, appeals the adverse ruling to this Court. We affirm the County Court Judge's finding that the statute violates art. I, §§ 1 and 2 of the Mississippi Constitution of 1890, but reverse his order reassigning the Madison County school attendance officers to the State Superintendent of Education for supervision of duties related to the compulsory attendance law since, under his finding that the statute was unconstitutional, he had no authority to make the reassignments.

R.G., a fourteen year old charged with truancy, objected to testimony by a school attendance officer, acting in her official capacity, during a youth court hearing held on December 18, 1991, on grounds that her position violated art. I, § 2 of the Mississippi Constitution, the separation of powers provision.[1] R.G.'s attorney then filed a motion to declare parts of the Mississippi Compulsory School Attendance Law unconstitutional. A hearing on the motion was held and Madison County Court Judge William S. Agin, acting as Youth Court Judge, sustained the objection. Judge Agin, in a lengthy written opinion, found that Miss. Code Ann. § 37-13-91, which requires youth court judges to appoint and supervise school attendance officers, to be unconstitutional. Reviewing the legislative history of the school attendance law and relying on Alexander v. State, by and through Allain, 441 So.2d 1329 (Miss. 1983) and In re Anderson, 447 So.2d 1275 (Miss. 1984), Judge Agin stated that:

For the reasons stated herein, this Court finds that Section 37-13-91 is unconstitutional to the extent that it (1) makes the school attendance officers the employees of the youth court, (2) requires the youth court judges to appoint school attendance officers, (3) requires judges to supervise and establish duties of school attendance officers relating to compulsory attendance which are commonly and historically those found in the executive branch of state government, (4) requires employees of the judiciary to file a youth court petition or initiate criminal proceedings as part of their official duties, (5) requires the judges or other judicial officials or employees to perform any executive functions or duties formerly or historically performed by executive officials or employees, (6) places the youth courts and youth court judges subordinate to or under the direction, control or authority of any executive branch, agency, office, official or employee or, (7) makes any executive branch, agency, office, official or employee answerable or subject to the control or authority of youth court judges except through the traditional exercise of judicial power pursuant to process or court order.

Judge Agin has long harbored concerns about the constitutionality of the school attendance law. As Chairman of the School Attendance Law Study Group, Conference of Youth Court Judges, he sought opinions from the Attorney General in 1983 and 1989 on the separation of powers question as well as whether school attendance officers were employed by the executive or judicial branch of government or both, and further, whether they were state or county employees. In 1989, again writing on behalf of the Conference of Youth Court Judges, Judge Agin asserted that the placement of school attendance officers is properly within the executive branch of government, citing several authorities

for the proposition that the legislature cannot authorize a judge when acting judicially to exercise powers that are not incidental to the discharge of any legitimate judicial function and that pertain essentially and distinctively to either of the other two functions nor can judges be required to perform duties other than judicial duties or have imposed upon them by the legislative branch ministerial or other nonjudicial duties.

*955 Pursuant to Miss. Code Ann. § 7-5-1 (1991) and M.R.C.P. 24(d), which require the Attorney General to defend the constitutionality of any statute of the State of Mississippi, the Attorney General brings this appeal.

I.

Determination of whether state statutes are constitutional is a "judicial question" reserved for courts of competent jurisdiction. Golden v. Thompson, 194 Miss. 241, 246, 11 So.2d 906, 907 (1943). We have recognized that this Court has "the power to construe the constitution and thus define the powers of the three branches of government." State v. Wood, 187 So.2d 820, 831 (Miss. 1966).

The Court, in In the Interest of T.L.C., 566 So.2d 691 (Miss. 1990), reiterated the scope of our power of review when interpreting the constitutionality of statutes:

Without doubt, our constitutional scheme contemplates the power of judicial review of legislative enactments, Alexander v. State ex rel. Allain, 441 So.2d 1329, 1333 (Miss. 1983); however, that power may be exercised affirmatively only where the legislation under review be found
in palpable conflict with some plain provision of the ... constitution.

566 So.2d at 696, quoting Hart v. State, 87 Miss. 171, 176, 39 So. 523, 524 (1905). We recalled that statutes come before us clothed with a heavy presumption of constitutional validity. Id. We further stated:

The party challenging the constitutionality of a statute is burdened with carrying his case beyond all reasonable doubt before this Court has authority to hold the statute, in whole or in part, of no force or effect. [citations omitted] When a party invokes our power of judicial review, it behooves us to recall that the challenged act has been passed by legislators and approved by a governor sworn to uphold the selfsame constitution as are we.

566 So.2d at 696. Finding that R.G. has met the required burden of overcoming the presumption of constitutionality that undergirds our statutory law, we affirm the County Court Judge's opinion that Miss. Code Ann. § 37-13-91 (1990) is unconstitutional and violates the separation of powers doctrine, art. I, §§ 1 and 2 of the Constitution of 1890.

II.

Miss. Code Ann. § 37-13-91 (1990), the Mississippi Compulsory School Attendance Law, requires all children between the ages of six and seventeen to attend school.

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Bluebook (online)
632 So. 2d 953, 1994 WL 45626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-interest-of-rg-miss-1994.