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1975 Arkansas Attorney General Reports and Opinions 1 (1975)

handle is hein.sag/sagar0044 and id is 1 raw text is: STATE OF ARKANSAS
OFFICE OF THE A 'ORNEY GENERAL
JUSTICE BUILDiNG, LITTLE ROCK

. G-
JiM GUY TUCKER
ATTON.LY OENERAL

Opinion :o. 75-1
The Pum rable L..arry S. PaLtterson
State IpresentativC
1100 18a!t 3rd Street
Ifope, At kansas  71801
Dear v,-resenLat ve Patterson:
This i in response to your inquiry
fo..1wl g:

whereby you submitted the

Lease give me your written opinion as to whether or
ot a Quorum Court has the authority to appropriate
ounty money to be used for payment of a $2>.00 per
nnum salary to those Justices of the Peace who ale
lected by, and wiio serve n, townships in wnltch a
unicipal Court is not he.d, on the stipulation that
hose Ju- Ices re(eiving rne $25.00 will not hold
ourt, or whether or not such action is prohibitec
y law?
Unlde: Atk. Stat. Ann. V2-709 a lustice of the Peace is div .tud In
misd nejnor jurisdiction if a Mu cipal Court is estiablished within
his township. Ark. Stat. Ann. 9 -726 required the county to pay
such :ustices of the pe,.ce $25.O per yeat to CompeL.sate himr ior
the was of his fees in misdemen.. or cases.
A ju!.tice of the peace has a constitutional right Lv exerci. nis
judic al funetioii uncder Article 7 §40 of the Consin.tiot and under
Ark. *uit. Ann. !,26-121, apparent y a duty to do !,.

Thus the payment of a salary to
forms. his authorized jidicial
illegal exaction and he lubject
of Lte Constitut ion of Arkansas.

. JusticL Uf the p .ce for not per-
f .nctions could well constitute an
IL, an action purs.'salt to ArLicle 16 13

Ve trty yours,
T  UY TU  ER

JGT: 1m

January ), 1975

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