Request By:
Mr. John R. Elfers
Kenton County Attorney
Room 408 City County Building
Covington, Kentucky 41011
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You request our opinion as to whether there is any incompatibility in being a justice of the peace in Kenton County, effective January 2, 1978, and being a deputy sheriff at the same time.
On January 2, 1978, under the Judicial Constitutional Amendment justices of the peace will no longer have judicial functions. Kenton County operates under the county commissioner system.
The two offices are both county offices. The office of justice of the peace is still in the constitution and thus will be in existence in 1978.
The answer to your question is that KRS 61.080(2) expressly prohibits a person from being a justice of the peace and a deputy sheriff at the same time, regardless of functions performed.