Request By:
Honorable H. B. Quinn
City Attorney
City of Princeton
108 W. Main
Princeton, Kentucky 42445
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of December 5 in which you request an opinion concerning the following:
"As City Attorney for the City of Princeton, I have been asked whether or not a trial commissioner (under the New Court of Justice) could also serve as city attorney. The attorney is an employee of the city and hired by the council."
The office of trial commissioner under the new court system is a state office pursuant to the terms of KRS 24A.100 and the Judicial Article itself. See also OAG's 77-101 and 77-661. On the other hand, the position of city attorney, established pursuant to KRS 69.560, is a municipal office as we have held in numerous opinions in the past. As you know, § 165 of the Constitution and KRS 61.080 prohibit a person from holding a state office and a municipal office at the same time. As a consequence, an individual appointed trial commissioner could not at the same time serve as city attorney for a city of the fourth class, or for that matter, any other class.
In some instances where the city cannot find a qualified attorney to serve as city attorney, it may execute a personal service contract to employ outside counsel, and in such case, the attorney would probably constitute an independent contractor. See Hobson v. Howard, Ky., 367 S.W.2d 249 (1963). Nevertheless there could still exist a conflict of interest or legal ethics question since he would be required to practice civil cases before the district court and possibly the trial commissioner. This would raise a legal ethics question which should be referred to the Kentucky Bar Association, particularly Mr. Leslie Whitmer, 315 W. Main Street, Frankfort, Kentucky 40601.