News Article | May 01, 2021
County Officials
LegalEase
Legal Guidance
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"I've been elected district clerk but I don't want my peace officer experience to go to waste. May I serve as a reserve deputy sheriff while I am district clerk?" |
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May a District Clerk serve as a reserve deputy sheriff?
Yes. Attorney General Letter Opinion LO-98-035 determined that a District Clerk may simultaneously serve as a reserve deputy sheriff. The Attorney General opined that this did not violate the Article XVI, Section 40 constitutional prohibition against dual office holding because a sheriff’s deputy does not hold a civil office of emolument. Nor does holding the two offices violate the common law doctrine of incompatibility