Request By:
Mr. Larry Kelley
Attorney at Law
First National Bank Building
P.O. Box 22
Jackson, Kentucky 41339
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
The county attorney of a certain county will resign and retire effective July 1, 1978. That leaves only two other attorneys in the county. "Attorney A" qualifies in connection with experience, but he lacks the residential requirement. "Attorney B" qualifies in connection with residence, but he lacks the necessary experience.
Under Section 100 of the Kentucky Constitution the county attorney must have been a licensing practicing lawyer for two years. In addition, a county attorney must be a citizen of Kentucky and must have resided in the state two years, and one year next preceding his election or appointment in the county and district in which he is a candidate.
Your question is which one of the two attorneys is better qualified?
In considering the qualifications of both experience and residence under § 100 of the Kentucky Constitution, it is our opinion that neither of the two attorneys would qualify for the office. It cannot be said that the experience qualification is more or less important than the residence requirement. The point is that the constitution contains both requirements; and to be eligible for office a county attorney candidate must meet both requirements.
The fiscal court has the authority to employ special counsel to advise on county matters and to represent the county on any civil litigation where no county attorney is available. This would include advising the county as to how to proceed in the present predicament.