Request By:
Honorable John F. Billings
Attorney at Law
Price Building
Ashland, Kentucky 41101
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of August 11 in which you present the following facts and question:
". . . I am presently an Assistant Commonwealth Attorney for Boyd County, Kentucky. I plan to run for the Office of Board of Education for the Ashland Independent School District in this November election. Is there any conflict or problem between the two positions which would preclude me from holding both at the same time?"
KRS 160.180 (1) (d) provides that no person shall be eligible to membership on the board of education who holds a state office requiring the constitutional oath. The office of commonwealth's attorney is a state office as held in the case of
Miller v. Robertson, 306 Ky. 653, 208 S.W.2d 977 (1948). The office of assistant commonwealth's attorney must also be considered a state office in view of his duties and appointment pursuant to KRS 15.760.
Under the circumstances, the provisions of KRS 160.180 (1) (d) would prohibit you from holding membership on the board of education while continuing to serve as assistant commonwealth attorney.