Legal Opinion

Opinion No.

Arkansas Attorney General Reports

Decided August 3, 1988Published

1Opinion of the Court

The Honorable Jonathan S. Fitch State Senator Route 1 Hindsville, AR 72738

Dear Senator Fitch:

This is in response to your request for an opinion on the following question:

Can a teacher who resides in a particular school district and is an employee of that school district be a candidate for, and serve as, a school board member of that district of which he or she is employed?

While this is certainly a "gray" area of the law, it is my opinion that if faced with this question, a court would in all likelihood determine that an unlawful conflict of interest exists between the position of school…

2Cases cited6 opinions

  1. Byrd v. StateSupreme Court of Arkansas · 1966
  2. State ex rel. Murphy v. TownsendSupreme Court of Arkansas · 1904
  3. Smith v. DandridgeSupreme Court of Arkansas · 1911
  4. Visotcky v. City Council of GarfieldNew Jersey Superior Court Appellate Division · 1971
  5. Jessup v. HancockSupreme Court of Arkansas · 1964

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