Request By:
Honorable Jimmy P. Turner
Railroad Commissioner
Commonwealth of Kentucky
1024 State Office Building
Frankfort, Kentucky 40601
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 19 in which you raise the question as to whether or not you, who presently hold the office of Railroad Commissioner, can in addition assume the position of Trial Assistant to the District Judge of Floyd County without creating a conflict of interest.
Our response to your question would be in the affirmative in so far as the constitution and statutes are concerned. See Section 165 of the Constitution and KRS 61.080.
The position of Railroad Commissioner is a state office pursuant to § 209 of the Kentucky Constitution. At the same time the position of Trial Commissioner or his Assistant would also be considered a state office as held in OAG 77-744 [copy attached] and OAG 77-101.
Under the Constitution and statutes above referred to, there is no provision prohibiting a person from holding two (2) state offices at the same time as long as they are not incompatible under the common law, which is, of course, a question that only the courts may determine; however, it would appear offhand that no such conflict would exist in this instance. Concerning the holding of two state offices at the same time, see Coleman v. Hurst, 226 Ky. 501, 11 S.W.2d 133 (1928).