Request By:
Ms. Ruth Ann Cruse
Hamilton Acres
Hodgenville, Kentucky 42748
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of recent date in which you relate that you were nominated in the Democratic May Primary for the office of circuit clerk for the unexpired term of such office. You have been informed that you are entitled to take office after the November election following the receipt of your certificate of election.
Assuming that you are elected in November, you desire to know the approximate time you would take office, the amount of bond that is required and if it is possible for you to have it approved before taking office.
When a person is elected to an office for the unexpired term, such person is entitled to take office immediately after the election or as soon thereafter as you receive the certificate of election and are able to qualify as was held in the case of Jones v. Sizemore, 117 Ky. 810, 79 S.W. 229 (1904).
Next concerning the bond required for clerks, we refer you to KRS 30A.030 which provides in effect that all circuit clerks shall be bonded to the Commonwealth for the faithful performance of their duty and the accounting of all funds which may come into their hands by virtue of their office. They shall be covered by the blanket bond authorized for all elected or appointed offices and no other bond shall be required for the performance of their duties. Any statute to the contrary is repealed to the extent of the conflict.
The above statute became effective January 6, 1978 and of course it would be effective in your case. The blanket bond for state officers, other than those specifically mentioned in KRS 62.160, is covered by KRS 62.170 which includes circuit clerks. This statute requires the Commissioner of Finance and Administration to secure a blanket bond for all such officers. This means that you will be actually covered under the blanket bond for state officers when you take office. For your information we are also enclosing a copy of OAG 77-457 pertaining to related questions which may be of interest to you.