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.