Reserve Deputy Sheriff

May a District Clerk serve as a reserve deputy sheriff?

Yes. Attorney General Letter Opinion LO-98-035 determined that a District Clerk may simultaneously serve as a reserve deputy sheriff. The Attorney General opined that this did not violate the Article XVI, Section 40 constitutional prohibition against dual office holding because a sheriff’s deputy does not hold a civil office of emolument. Nor does holding the two offices violate the common law doctrine of incompatibility