Request By:
Honorable Fenton Wyant
Police Judge
City of Flatwoods
2411 Argillite Road
Flatwoods, Kentucky 41139
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of February 7 in which you request an opinion concerning the following:
"Could you please give a ruling on whether or not someone could run for election of a city office if that person has been previously found guilty of embezzelment and sentenced to four years prison, then the time being probated."
The fact that the felony conviction was suspended and the individual placed on probation simply means that he accepted the verdict of the jury and acknowledged his conviction even though judgment was not entered. Thus, he was convicted of a felony and disqualified from voting or holding public office pursuant to § 145 and § 150 of the Constitution. See Woods v. Mills, Ky., 503 S.W.2d 706 (1974).
When the individual's probation is completed and he is discharged therefrom, he would be entitled to have his civil rights restored by an executive order of the Governor upon proper application, which means the restoration of his right to vote and hold public office which would, in turn, include his right to run for a city office.