Request By:
Mr. Nickie Shyrock
Police Judge
390 S. Main Street
Versailles, Kentucky 40383
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of February 24 in which you request an opinion concerning the following:
"The question is, can a police judge in a city of the fourth class be a candidate for a constitutional office, specifically sheriff, without having to resign the elected position of police judge?"
The answer to your question would be in the affirmative. It is true that Section 165 of the Constitution and KRS 61.080 prohibit a person from holding at the same time a county office, such as sheriff, and a municipal office, such as police judge. However, the incompatibility does not exist until the person assumes the second office as provided in KRS 61.090. Of course, the office of police judge, as you know, will be abolished as of the first Monday in January, 1978.
Under the circumstances, there is nothing under the Constitution or statutes that would in any way prohibit you as police judge from becoming a candidate for the office of sheriff and at the same time continuing to serve in your capacity as police judge.