Skip to main content

Request By:

Honorable Billy W. Green
Police Judge
601 Givens Street
Providence, Kentucky 42450

Opinion

Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General

This is in answer to your letter of April 22 in which you raise the following question:

"If a City Police Judge of a fourth class city, becomes a candidate for sheriff, is there any requirement by law that he should vacate or resign his position as City Judge?"

The answer to your question would be in the negative. Though the offices of police judge and that of sheriff are incompatible, such incompatibility does not exist until the individual assumes the second office, in this case the office of sheriff. See KRS 61.090. Of course, the office of police judge becomes nonexistent as of January 2, 1978 under the Judicial Article and implementing statutes.

As a consequence, you may campaign for the office of sheriff and still hold your position as police judge of the city of Providence.

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Opinion
Lexis Citation:
1977 Ky. AG LEXIS 507
Neighbors

Support Our Work

The Coalition needs your help in safeguarding Kentuckian's right to know about their government.