Can a person who is a mayor of an incorporated town serve as a J.P. at the Quorum Court. Incompatability of offices , conflicts of interest, dual office holding. This is a factual question. See also Arkansas Constitution Art 19, sec 6.

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK ATTORNEY GENERAL July 24, 1985 OPINION NO. 85-164 Mr. Bill McLean Prosecuting Attorney 202 North Washington Suite 106 El Dorado, Arkansas 71730 Dear Mr. McLean} You have requested an opinion from our office on the following question: Can the mayor of an incorporated town serve as a justice of the peace on the Quorum Court? The Arkansas Supreme Court has held: There are or may be two grounds upon which it may be successfully maintained that one who holds an office and accepts another, and endeavors to exercise the duties of both at the same time, will be ousted of the former in a proper proceeding and on proper show- ing. One is that the holding of the two offices at the same time is forbidden by the provisions of the constitution, and the other is where the duties of the two offices are incompatible. State Ex, Rel. Murphy v. Townsend, 72 Ark. 180, 182, 79 S.W. 782, 782 (1909). In Peterson v. Culpepper, 72 Ark, 250, 79 S.W. 783 (1909), the Court held, inter alia, that the Ark. Const, Art, 19, §6 prohibition against dual office holding refers to state offices only, Accordingly, the inquiry must focus on whether the duties of the two offices are incompatible. 'In other words, does the discharge of the duties of the one conflict with the duties of the other, to the detri~ ment of the public good?" ‘Townsend'at 184, 79 S.W. at 783. (citing State v. Feibleman, 28 Ark.°424 (1873)). This is essentially a question of fact, and thus, requires a determination which is not the function of this office to make. The foregoing opinion, which I hereby approve, was prepared by Chief Deputy Attorney General Rodney Parhan. (501) 371-2007 STEVE ULARK SC:RP: 1m . Attorney General