OAG 96-029 | KOGC

Request By:
Zack N. Womack

Opinion

Opinion By: A. B. Chandler III, Attorney General; Ross T. Carter, Assistant Attorney General

Opinion of the Attorney General

The question is whether a constable may serve process outside his county. The answer is no.

Section 101 of the Constitution of Kentucky states that the jurisdiction of constables is coextensive with the counties in which they reside. That constitutional directive is implemented in KRS 70.350(2), which states that a constable may exercise the duties of his office in any part of the county.

We said in OAG 78-207 that because a constable's jurisdiction is coextensive with the county, he may perform his duties in any part of the county. We said in OAG 70-614 that a constable may serve process in any part of the county.

The powers of a public officer are limited to those expressly conferred or necessarily implied.

LLM Summary

The decision in OAG 96-029 addresses the question of whether a constable may serve process outside his county. The opinion, referencing constitutional provisions and previous opinions (OAG 78-207 and OAG 70-614), concludes that constables do not have the authority to serve process outside their own counties, as their jurisdiction is limited to the county in which they reside.

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