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1997 Indiana Attorney General Reports and Opinions 1 (1997)

handle is hein.sag/sagin0023 and id is 1 raw text is: STATE OF INDIANA
OFFICE OF THE ATTORNEY GENERAL
JEFFREY A. MODISETT                                                   STATE HOUSE
ATTORNEY GENERAL                                                  INDIANAPOLIS  -
April 10, 1997
The Honorable Allie Craycraft
State Senator
Third Floor, State House
Indianapolis, Indiana 46204
Re: Official Opinion 97-1: Application of Article 2, § 9 of the Indiana Constitution
Dear Senator Craycraft:
This is in response to your letter, dated February 6, 1997, in which you requested an
opinion concerning the applicability of Article 2, § 9 of the Indiana Constitution. You have
asked whether either of the following situations violates the prohibition found in Article 2, § 9
against holding two lucrative offices found in Article 2, § 9:
(1. an attorney serving simultaneously as county attorney,
attorney for the metropolitan planning commission and the
board of zoning appeals; or
2. an engineer serving simultaneously as county engineer, city
engineer, and as a member of the sanitary board.
For the reasons set forth below, an attorney occupying the three positions described in the first
situation does not violate Article 2, § 9, because none of these positions constitutes a
lucrative office. Further, the second factual situation gives rise to a violation only if the
engineer positions referenced are the city traffic engineer or the county highway engineer.
ANALYSIS
Article 2, § 9 of the Indiana Constitution provides, in pertinent part, that:
NOT PAID FOR AT TAXPAYERS EXPENSE

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