James Lawton Robertson and Lillian Janette Humber Robertson - Page 14

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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-          
               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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