Legal Opinion · Concurring in part, dissenting in part

Jenkins v. Bishop

Utah Supreme Court

Decided December 29, 1978No. 16070Published

1Concurring in part, dissenting in partEllett, Chief Justice

I am in agreement with the holding that a school teacher can run for the office of State Senator or State Representative and that he may serve in the office to which he is elected. That is as far as I can go in agreeing with the Per Curiam opinion.

That opinion leaves unanswered the principal question which everybody desires to have answered, and that is this: “Can a teacher, serve as a member of the legislature and retain his status as a téacher in the public schools?” By not deciding the question reminds one of a man who asked his doctor if he could take a cyanide pill. “Certainly, you can,”…

2Cases cited6 opinions

  1. Monaghan v. School District No. 1Oregon Supreme Court · 1957
  2. Chenoweth v. ChambersCalifornia Court of Appeal · 1917
  3. Begich v. JeffersonAlaska Supreme Court · 1968
  4. State Ex Rel. Jugler v. GroverUtah Supreme Court · 1942
  5. McCornick v. ThatcherUtah Supreme Court · 1892

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