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office where the Justice changed his residence from the district to
which he was elected. Id. at 575.
With regard to the case before us, the Mississippi
Constitution provides that "The legislature shall divide the state
into three Supreme Court districts, and there shall be elected one
judge for and from each district". Miss. Const. art. VI, sec. 145.
This section indicates, as petitioner asserts on brief, that the
Justices must reside in their respective districts as a
prerequisite to election (or appointment) to the court. However,
the section goes on to provide that "the removal of a judge to the
state capitol during his term of office shall not render him
ineligible as his own successor for the districts from which he has
removed." Id.
Petitioner and other present and former Justices testified
that this latter phrase means that there is no legal requirement
that Justices maintain their residences in their home districts
while serving on the Mississippi Supreme Court. Their
interpretation is supported by two different State statutes.
Section 25-1-61 of the Mississippi Code provides that State
officers who must remove themselves to another county for official
purposes will be deemed to maintain their home residence, unless
they choose to establish a new residence in the county where they
are performing their official duties. Miss. Code Ann. sec. 25-1-61
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