Nesbitt v. Apple

The court holds today that because J. C. Watts [Watts] was not a sworn member of the Congress on January 3, 1995, he did not vacate his Corporation Commission office until his January 9 resignation. The court concludes that — based on federal and foreign case law — Watts was hence not in violation of the state constitutional prohibition of dual office holding. I recede from the court’s characterization of the legal issue before us as one of federal law and from today’s resolution. The paramount question is whether the state interdiction of dual office holding was violated by Watts’ failure to…