Request By:
Mrs. J. C. Olive
Route #5 - Box 374
Fulton, Kentucky 42041
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You want to learn the duties of a magistrate under the new judicial system. You ask about their salaries.
On and after January 2, 1978, the magistrates [justices of the peace] will no longer perform judicial duties. See S.B 183 [Ch. 84, 1974 Session], Section 2.
As of 1972, in 100 counties the fiscal court was composed of the county judge and the county's justices of the peace. In those counties having the magisterial system of government, the major duties of the justices of the peace will relate to their serving on the fiscal court. See KRS 67.040.
The compensation of justices of the peace serving on a fiscal court must be fixed by the fiscal court, for the new term beginning in January, 1978, not later than the first Monday in May of 1977 [the year of the election]. KRS 64.530. As to the powers of the fiscal court, we are enclosing copies of KRS 67.080 and 67.083.
In those counties having a commission type of government, the constitutional office of justice of the peace is still in existence and people can still run for the office in 1977; however, their duties will be virtually nonexistent.