Request By:
Mr. George O'Connell
O'Connell Realty
1235 Louisville Road
Frankfort, Kentucky 40601
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of March 16 in which your initial question is as follows:
"The first subject is of County Judge Ex. Pro-tem, who or what body selects Judge Pro-tem. Should there be a salary involved, if so, what funds would he receive a salary from?"
In response to the above question, we refer you to the enclosed copy of OAG 78-71, which points out that pursuant to KRS 67.710(8), effective January 2, 1978, the fiscal court may enact an ordinance creating the position of county judge/executive pro tem who may serve as county judge/executive when he is ill, out of the county or state, or is otherwise incapacitated and cannot carry out his statutory duties. The county judge/executive could appoint a pro tem after the position is created by the court, with the approval of the court. The fiscal court may of course fix his compensation at a reasonable sum. We might also point out that the legislature, during the Extraordinary Session in 1978, at which the above referred to statute was enacted, also enacted a provision authorizing the selection of a county judge/executive pro tem to serve in an emergency involving a national or state defense. See KRS 67.730 through 67.745.
You next seek the same information with respect to assistant county attorney.
Concerning the appointment and compensation of an assistant county attorney, we refer you to KRS 15.770, a copy of which we are enclosing which is self-explanatory.
Your third question is as follows:
"If a vacancy for County Judge Executive occurs under any circumstances, what steps or procedures are followed to fill the vacancy during the time of the term until the next election? "
With respect to the above question, we refer you to KRS 67.705(1) which contains the following provision:
". . . In case the office of county judge/executive becomes vacant by reason of death, resignation, or removal, it shall be filled with a person appointed by the governor, in accordance with section 152 of the constitution, for the unexpired term. "
Under the terms of the above statute following a vacancy of the office in question, the governor fills said vacancy, subject to an election for the unexpired term as required by § 152 of the Constitution. This section of the Constitution requires such a vacancy to be filled at the next regular election that embraces the area in which the vacancy has occurred, in this case the county.