AAC
RESEARCH CORNER CIVIL OFFICE Continued From Page 13 <<<
S.W2d 7 (1956) (An auditor for the Arkansas Burial Association Board is a contracted employee, not a civil office); and Harvey v. Ridgeway, 248 Ark. 35, 450 S.W.2d 281 (1970) (holding a delegate to a constitutional convention is not a civil officer because the delegate would not be serving within one of the three branches of government). 10.
Ark. Op. Att’y Gen. 2017-104 (2018) (opining that Ark. Code Ann. § 14-27-101 – 104, which created County Inter-
governmental Cooperation Councils, and Ark. Code Ann. § 14-2-305, which created the Electronic Recording Commission, are not civil offices and merely impose additional duties on the elected county officials required to serve on these commissions). 11.
Ark. Const. of 1874, art. V, § 16 (repealed 2014). When Article 5, section 10 was adopted, Article 5, section 16 stated in
relevant part, “the term of all members of the General Assembly shall begin on the day of their election. 12. See Ark. Op. Att’y Gen. 2017-028 (2017). 13. Compare Johnson v. Darnell, 220 Ark. 625, 630, 249 S.W.2d 5, 8 (Ark. 1952), (holding that a state representative, whose term ended on January 1, 1951, did not violated Article 5, section 10 by running for and being elected as municipal judge for a term that would begin on January 1, 1951), with, Jones v. Duckett, 234 Ark. 990, 992, 356 S.W.2d 5,6 (Ark. 1962) (holding that even though Senator Jones lost in the primary election, his term as senator did not expire until January 1, 1961, thus he could not hold another civil office until his term as senator expired) 14.
not “civil offices” by mentioning that the specific duties of a civil office go beyond the scope of an advisory role). 15.
See Ark. Op. Att’y Gen. 2017-114 (2017) and Ark. Op. Att’y Gen. 2017-116 (2017) (inferring that advisory boards are See Ark. Op. Att’y Gen. 2017-028 (2017) (opining that a county clerk’s service as secretary of his or her county’s property
tax assessment equalization board had few, if any, of the indicial described to be a “civil office” and it appeared that the legisla- ture simply added duties for the county clerk along with those already prescribed by law); see also Sparling v. Refunding Board, 189 Ark. 189 (1934) (rejecting a challenge to the “Refunding Board”, which consisted of the Governor, Lieutenant Governor, treasurer of state, secretary of state, state auditor, Attorney General, and state bank commissioner, and holding that the members of the refunding board are not holding or performing the duties of more than one office, but only performing additional duties imposed by the act on the holders of the respective offices).
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