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Request By:

Honorable Fenton Wyant
Police Judge
City of Flatwoods
2411 Argillite Road
Flatwoods, Kentucky 41139

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 7 in which you request an opinion concerning the following:

"Could you please give a ruling on whether or not someone could run for election of a city office if that person has been previously found guilty of embezzelment and sentenced to four years prison, then the time being probated."

The fact that the felony conviction was suspended and the individual placed on probation simply means that he accepted the verdict of the jury and acknowledged his conviction even though judgment was not entered. Thus, he was convicted of a felony and disqualified from voting or holding public office pursuant to § 145 and § 150 of the Constitution. See Woods v. Mills, Ky., 503 S.W.2d 706 (1974).

When the individual's probation is completed and he is discharged therefrom, he would be entitled to have his civil rights restored by an executive order of the Governor upon proper application, which means the restoration of his right to vote and hold public office which would, in turn, include his right to run for a city office.

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 689
Forward Citations:
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