Opinion No. ( 2002 )

The Honorable Preston Scroggin State Representative 59 Marshall Road Vilonia, AR 72173-9335

Dear Representative Scroggin:

I am writing in response to your request for my opinion on the following questions:

1. Please advise as to the law concerning whether a Judge can campaign as seeking re-election to a different division than the one elected to by the constituents.

2. In light of passage of Amendment 80, what is the law concerning a Judge representing him/herself to the constituents as Circuit Judge — Juvenile Division?

3. Can a judge that was elected Circuit/Chancery Juvenile Judge — Second Division prior to passage of Amendment 80, and presently handling all juvenile matters in the 20^th Judicial District in the second division pursuant to Administrative Order No. 14 run for an entirely different position — Division 4 — and represent to the voters that division as Circuit/Juvenile Division?

RESPONSE

I must respectfully decline to answer your questions, which apparently relate to a pending dispute among the participants in a judicial election. Although I am statutorily charged with rendering legal advice to members of the legislature and various state officers regarding certain matters of state law, this office has long refrained as a matter of policy from rendering opinions on issues that either are or appear destined to become the subject of litigation. As an officer of the executive branch of government, I consider it inappropriate to interpose my opinion in a dispute that, if not otherwise settled, should properly be submitted for judicial resolution.

Assistant Attorney General Jack Druff prepared the foregoing, which I hereby approve.

Sincerely,

MARK PRYOR Attorney General

MP:JD/cyh