Request By:
Mr. Paul A. Willis
Executive Secretary
Judicial Retirement and Removal Com.
2055 Bridgeport Drive
Lexington, Ky. 40502
Opinion
Opinion By: Steven L. Beshear, Attorney General; Patrick B. Kimberlin, III, Assistant Attorney General
This is in response to your recent letter to this office wherein you request our opinion as to the following question:
May a part-time assistant county attorney who has been recently appointed to the membership of the Kentucky Judicial Retirement and Removal Commission receive per diem compensation for his service on the Commission?
As you have pointed out in your letter, KRS 34,320 provides for per diem compensation for Commission members "who do not otherwise receive a salary from the state treasurer. . ." The member in question, as a part-time assistant county attorney from Kenton County, receives a salary check from the state pursuant to KRS 15.770. This being so, it is our opinion that this member is not eligible to receive a per diem allowance in light of the clear and unequivocal language of KRS 34.320.