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(1972).2 Section 9-1-23 of the Mississippi Code provides that only
circuit and county judges and chancellors must reside within their
respective districts and counties; there is no mention of such a
requirement for Supreme Court Justices. Miss. Code Ann. sec. 9-1-
23.3
Thus it is clear, as admitted by petitioner, that Mississippi
Supreme Court Justices are not legally required to maintain their
district residences while serving on the court. This makes
petitioner's case factually distinguishable from United States v.
Le Blanc, supra. Nonetheless, petitioner requests us to expand the
holding in Le Blanc to circumstances other than a legal compulsion
to maintain a district residence. Petitioner argues that a "legal
compulsion is but an indicia [of] whether in fact an appellate
2 Miss. Code Ann. sec. 25-1-61 (1972) provides:
All public officers of this state who are required
to, or who for official reasons, remove from the county
of their actual household and residence to another
county of this state for the purpose of performing the
duties of their office shall be deemed in law in all
respects to be householders and residents of the county
from which they so remove, unless such officer elects
to become an actual householder and resident of the
county to which he removed for official causes.
3 Miss. Code Ann. sec. 9-1-23 provides:
The judges of the supreme, circuit and county
courts and chancellors shall be conservators of the
peace for the state, each with full power to do all
acts which conservators of the peace may lawfully do;
and the circuit judges and chancellors shall reside
within their respective districts and the county judges
shall reside in their respective counties.
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