Request By:
Mr. William J. Sternberg
Mercer County Judge/Executive
Courthouse
Harrodsburg, Kentucky 40330
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Your question concerns the proper procedure for appointing a deputy coroner for Mercer County.
KRS 72.040 provided in part that "The coroner may appoint a maximum of two (2) deputy coroners at no additional expense to the county or city, who may hold inquests and act as coroner in the absence of the coroner or at any time authorized by the coroner. " However that statute was repealed by Acts 1978 (Ch 93, § 21, effective June 17, 1978).
KRS 72.010 provides in part that:
"Every coroner shall have the authority to appoint deputy coroners. " (Emphasis added).
The foregoing statute names no specific number of deputies which may be appointed. The statute does imply that the coroner may appoint any reasonable number of deputies necessary for him to carry out his statutory duties. See
Blue Boar Cafeteria Co. v. Hackett, 312 Ky. 288, 227 S.W.2d 199 (1950) 201, holding that officers are limited to expressly conferred statutory powers and those which exist by necessary and fair implication.
In summary, the coroner may appoint any reasonable number of deputies necessary for him to carry out his statutory duties. Each deputy coroner shall execute a bond with sureties approved by the county judge/executive, pursuant to KRS 72.010. The bonds must be recorded in the office of the county clerk. Such deputies must also take the constitutional oath (see § 228, Ky. Const.). The oath of the deputy coroner may be administered by the county judge/executive pursuant to KRS 62.020.