Did a Kentucky deputy county judge/executive have to post an official bond?

Plain-English summary

In 1995, Kentucky's Attorney General concluded that a deputy county judge/executive did not have to post an official bond before assuming duties or while holding the position, because no state statute imposed that requirement. The opinion drew a direct distinction between the deputy and the county judge/executive, for whom KRS 67.720 expressly required a bond.

The AG read the Kentucky Constitution's bond provisions together with KRS 62.050(1): an officer must give a bond before entering office when the law requires that officer to give one. KRS 67.711 authorized the deputy position, but the opinion found no corresponding bond mandate for that deputy.

Currency note

This opinion was issued in 1995. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

Deputy county judge/executives

The AG said no state statute then required a deputy county judge/executive to provide an official bond either before taking on the position's duties or afterward. Its answer concerned that specific office and the state's statutory bond requirement.

County judge/executives

The opinion contrasted the deputy with the elected county judge/executive. KRS 67.720 required the latter to execute a bond for faithful performance, with sureties approved by the circuit judge and premiums paid from county funds appropriated by the fiscal court.

Common questions

Did the deputy have to post a bond before performing official duties?

The AG answered no. It found no state statute requiring a bond for a deputy county judge/executive before assuming duties.

Did the duty arise later during the deputy's service?

The AG answered no for the same reason: it found no statute requiring that deputy to post a bond while holding the position.

Did the same answer apply to the county judge/executive?

No. The opinion quoted KRS 67.720, which expressly required a bond for the county judge/executive.

Background and statutory framework

The opinion quoted sections 103 and 224 of the Kentucky Constitution, which address official bonds as prescribed by law. It then quoted KRS 62.050(1), barring an officer who is required by law to give a bond from entering duties before giving it. The AG identified KRS 67.720 as a specific bond command for the county judge/executive and KRS 67.711 as authorization for a deputy, but found no analogous command for the deputy.

Citations and references

• KRS 62.050(1): timing for an officer whom law requires to give a bond.
• KRS 67.711: deputy county judge/executive position.
• KRS 67.720: county judge/executive bond requirement.
• Kentucky Constitution sections 103 and 224: legislative framework for official bonds.

Source

• Landing page: https://www.ag.ky.gov/Resources/Opinions/Opinions/OAG95-003.htm

Original opinion text

OAG 95-3

January 25, 1995

Subject: Whether Deputy County Judge/Executive Must Post Bond in Connection with such Office.

Written by: Gerard Gerhard

Requested by: Ms. Darlene Drake

Syllabus: There is no statute requiring a deputy county judge/executive to post bond in relation to performing the duties of such office.

OAGs cited: None.

Statutes construed: KRS 62.050(1); 67.711; 67.720

OPINION OF THE ATTORNEY GENERAL

The following question has been presented:

Is a deputy county judge bound by any law to post a bond before performing the duties of this office or at any time he or she holds this position?

The answer is that no state statute requires that a deputy county judge/executive post a bond before performing or after assuming the duties of such office. Discussion follows.

Two sections of the Constitution of Kentucky bear upon the question you have posed.

Section 103 of the Constitution of Kentucky provides:

The Judges of the County Courts, Clerks, Sheriffs, Surveyors, Coroners, Jailers, Constables, and such other officers as the General Assembly may, from time to time, require, shall before they enter upon the duties of their respective offices, and as often thereafter as may be deemed proper, give such bond and security as may be pre- scribed by law.

(Emphasis added.)

Section 224 of the Constitution of Kentucky provides:

The General Assembly shall provide by a general law what officers shall execute bond for the faithful discharge of their duties, and fix the liability therein.

(Emphasis added.)

Statutorily, KRS 62.050(1) provides that:

No officer required by law to give bond shall enter upon the duties of his office until he gives the bond.

(Emphasis added.)

It will be noticed from a reading of the provisions quoted above, that a public officer is required to post a bond in relation to the performance of the duties of an office if a statute has been passed so providing.

In the case of a county judge/executive (as distinguished from a deputy county judge/executive) KRS 67.720 provides:

The county judge/executive shall execute a bond for the faithful performance of the duties of his office. Such bond shall be executed before the circuit clerk of the county with sureties approved by the circuit judge. Premiums on the bond of the county judge/executive shall be paid from county funds appropriated by the fiscal court.

While there is a statute (KRS 67.720, above) requiring a county judge/executive to post bond, there is no statute requiring that a deputy county judge/executive (a position authorized by KRS 67.711) post a bond related to such position before assuming, or while holding, such post.

CHRIS GORMAN

ATTORNEY GENERAL

Gerard R. Gerhard

Assistant Attorney General