Opinion No.

The Honorable David Gibbons Prosecuting Attorney Fifth Judicial District Post Office Box 3080 Russellville, Arkansas 72811

Dear Mr. Gibbons:

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

1. Can the Sheriff appoint a constable of a township in Pope County to serve a summons?

2. Can the County pay a constable so appointed the funds contemplated by section 3 of the attached ordinance?

Although a definitive answer to your first question will require a judicial determination or legislative clarification, it is my opinion that an Arkansas court would likely conclude…