Attorney: King’s action violated law

— A person may not simultaneously hold the elected positions of city council member and justice of the peace, according to an opinion recently released by the Arkansas Attorney General’s office.

The opinion, dated April 5, was requested by state Rep. Donna Hutchinson in reference to Dale King being elected to - and taking the oath of office for - both Garfield City Council and Benton County justice of the peace.

In 2010 King - a Garfield City Council member - ran for justice of the peace. He won that election, unseating incumbent Tanya Lewis.

He was also re-elected to his city council position, for which he was unopposed.

On Jan. 1, King took the oath of office for justice of the peace.

On Jan. 11, King took the oath of office for city councilman, after administering the oath of office to Mayor Laura Hamilton.

In January, Hamilton said she was told by legal counsel for the Arkansas Municipal League that King could hold both seats, but not accept pay for both.

Benton County Clerk Tena O’Brien expressedconcern and said she received an opinion from Tim Humphries, legal counsel for the Arkansas Secretary of State, that it was not legal.

By the first of February, King had resigned his council seat. Garfield city attorney Joann McCracken said King resigned immediately upon being notified of the legality of the issue.

His resignation was accepted Feb. 3 by Garfield City Council members.

According to the attorney general’s statement, Act 1924 of 2005 is a statute that “sets ethical guidelines for county officials (and) clearly prohibits the scenario you describe: ‘No person shall simultaneously hold office and serve as an elected county justice of the peace and hold office and serve as an electedcity council member.’”

The remedy is through a court proceeding through which a citizen of a county or the prosecuting attorney of the county may bring an action in the circuit court, the opinion states.

Assistant attorney general Ryan Owsley prepared this opinion and it was approved by Attorney General Dustin McDaniel.

News, Pages 1 on 04/13/2011