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COURT OF JUST. EX REL. ADMIN. OFF. v. ONEY

No. 1999-CA-001242-MR.

34 S.W.3d 814 (2000)

COURT OF JUSTICE, ex rel, ADMINISTRATIVE OFFICE OF THE COURTS and Attorney General of the Commonwealth of Kentucky, Appellants, v. Barbara ONEY, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court January 17, 2001.

Attorney(s) appearing for the Case

A.B. Chandler, III, Attorney General, Ed Clark, Assistant Attorney General, Frankfort, Kentucky, for Appellants.

James W. Lyon, Jr., Greenup, Kentucky, for Appellee.

BEFORE: COMBS, HUDDLESTON, and SCHRODER, Judges.

OPINION

SCHRODER, Judge:

This is an appeal from a declaratory judgment determining that § 165 of the Kentucky Constitution and KRS 61.080(1) do not prohibit a deputy circuit clerk from simultaneously serving as a member of city council. From our review of KRS 30A.020, § 165 of the Kentucky Constitution, and KRS 61.080(1), a deputy circuit clerk is clearly a "deputy (state) officer" and is, thus, precluded from simultaneously serving as an...

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