Legal Opinion

Opinion No.

Arkansas Attorney General Reports

Decided March 1, 2006Published

1Opinion of the Court

The Honorable Mike Ross State Senator P.O. Box 374 Prescott, Arkansas 71857

Dear Senator Ross:

This letter is a response to your request for an opinion regarding the following question:

Can a constable be appointed to fill an unexpired vacated seat on a city board or city council?

It is my opinion that a constable can be appointed to fill a vacancy on a city board or council.1

The question that you have presented is one that is governed by the law that has developed in relation to the issue of dual office-holding. The Arkansas Supreme Court has indicated that there are three possible types of…

2Cases cited6 opinions

  1. Byrd v. StateSupreme Court of Arkansas · 1966
  2. Tappan v. Helena Federal Savings & Loan Ass'nSupreme Court of Arkansas · 1937
  3. State ex rel. Murphy v. TownsendSupreme Court of Arkansas · 1904
  4. Maddox v. StateSupreme Court of Arkansas · 1952
  5. Bloom v. KeithlyCourt of Appeals of Texas · 1937

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