Opinion No. 1997-347

Jerry Allison

Attorney General of Arkansas — Opinion
Opinion Delivered October 16, 1997

WINSTON BRYANT, Attorney General

The Honorable Jerry Allison State Representative 26 CR 744 Jonesboro, Arkansas 72401-9563

Dear Representative Allison:

This is in response to your request for an opinion regarding the authority of a person who is both a constable and a city police officer. Specifically, you have asked whether a person holding both offices may “interchange roles by acting as a constable in a municipal capacity while on duty as a city police officer outside the city limits”?

It has come to our attention that the above matter is now the subject of formal litigation. For that reason, I am unable to issue an opinion regarding the matter. It is a long-standing policy of this office not to issue legal opinions on matters that are pending before the courts for determination. Such matters are properly decided by the judiciary; commentary from any of the other branches of government would present a threat to the constitutional principle of separation of powers.

I must therefore decline to opine regarding the matter about which you inquired.

The foregoing letter, which I hereby approve, was prepared by Assistant Attorney General Warren T. Readnour.

Sincerely,

WINSTON BRYANT Attorney General

WB:WTR/cyh