JOHN K. VAN DE KAMP Attorney General
RODNEY O. LILYQUIST Deputy Attorney General
California Attorney General Opinion
Office of the Attorney General State of California
July 14, 1983
HONORABLE THOMAS D. BOWMAN, COUNTY COUNSEL, COUNTY OF TULARE,
has requested an opinion on the following question:
marshal of a municipal court required to be a resident of the
judicial district in which the municipal court is located?
marshal of a municipal court is not required to be a resident
of the judicial district in which the municipal court is
local elective public officers have been required to
be residents of the particular jurisdictions in which they
serve. (64 Ops.Cal.Atty.Gen. 554, 555 (1981); 59
Ops.Cal.Atty.Gen. 136, 140 (1976).) Appointive
public officers, on the other hand, are generally treated in
California as not being subject to any residency
requirements. (See Cal. Const., art. XI, § 10, subd.
(b); 64 Ops.Cal.Atty.Gen. 554, supra, 556; 59
Ops.Cal.Atty.Gen. 136, supra, 141.)
question presented for analysis is whether a marshal of a
municipal court must be a resident of the judicial district
where his or her services are being performed. We conclude
that a marshal may reside outside the judicial district and
in fact may live in a county adjoining the county in which
the municipal court is located.
county in California is divided into judicial districts with
"a municipal court in each district of more than 40,000
residents and a justice court in each district of 40,000
residents or less." (Cal. Const., art. VI, § 5,
subd. (a).) The Legislature is responsible for prescribing
"the number, qualifications, and compensation of judges,
officers, and employees" for each municipal court.
(Ibid.; see 56 Ops.Cal.Atty.Gen. 320, 321 (1973).)
marshal is an "officer" of the municipal court for
the judicial district where appointed or elected to serve.
(59 Ops.Cal.Atty.Gen. 97, 99-101 (1976); 56 Ops.Cal.
Atty.Gen. 320, supra, 323; 56 Ops.Cal.Atty.Gen...