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AG Opinion 2018-11

AG Opinion 2018-11

A statutory town board of trustees may enact an ordinance (i) permitting the same  person to serve as both municipal judge and municipal court clerk pursuant to 11 O.S.2011, § 8-106, or (ii) “combine, merge, or consolidate” the office of municipal judge and municipal court clerk as “necessary and convenient for the administration of the affairs or government of the town” pursuant to 11 O.S.2011, § 12-112. In either case, such an ordinance would be an exception to the dual office-holding prohibition of 51 O.S.Supp.2017, § 6. See A.G. Opins. 2008-15, 1981-31; Sw. Bell Tel. Co. v. Oklahoma Cty. Excise Bd., 1980 OK 97, ¶ 12, 618 P.2d 915, 919.

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