Alabama Attorney General Opinion 1979-0099

OFFICE OF THE ATTORNEY GENERAL 79- Loo099 gi CHARLESA.GRADD1CK ATTORNEY GENERAL STATE OF ALABAMA ADMINISTRATIVE. SUILDIDO 114.NOSITS UNION STREET 1 . ALASAMA IIII0 ARIA {ESSI.. ES46t10 LEE L. HALE DEPUTY ATTORNEY WILLIAM M. SENIORS. JR. EXECUTIVE ASSISTANT S. -CHIEF ASSISTANT ATTORNEY March S, 1979 • ANIE AOMINI ITS ASSISTANT Honorable Reo Kirkland, Jr. P. 0. Box 646 Brewton, Alabama 36426 Legislature-Conflicts of Interest State Senator may work as part- time Assistant District Attorney. Dear Senator Kirkland: You have requested an Attorney General's opinion on the question of whether your election to the State Senate requires that you resign your position as a part-time Assistant District Attorney. I understand that you have requested a separate opinion from the State Ethics Commission concerning the appli- cability of the State Ethics Law to this situation. It is my opinion that state law, other than possible application of the. State Ethics Law, does not require that you resign your position as part-time. Assistant District Attorney. Our State Constitution does prohibit a person from holding two offices of profit and the office of State Senator is certainly an office of profit but, in my opinion, the position of part-time Assistant District Attorney is not an office of profit but merely an employment. As I am sure you know, other State Senators who are attorneys have, in the past, represented governmental entities within their sena- torial district. Your part-time employment as an Assistant District Attorney may, however, require that you not vote on certain bills which affect the District Attorney's Office. Honorable Reoltirltland„ Jr. March 3, 19 79 Page ram If I can be of any further help to you, please let me iccw. Sincerely, CHARLES A- GRADDICK Attorney General By- WILLIAM T. STEPHENS Assistant Attorney General UTS±l-b