Kamp, 071483 CAAGO, AGO 83-406

Docket Nº:AGO 83-406
Case Date:July 14, 1983
Court:California
 
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JOHN K. VAN DE KAMP Attorney General
RODNEY O. LILYQUIST Deputy Attorney General
AGO 83-406
No. 83-406
California Attorney General Opinion
Office of the Attorney General State of California
July 14, 1983
         THE HONORABLE THOMAS D. BOWMAN, COUNTY COUNSEL, COUNTY OF TULARE, has requested an opinion on the following question:          Is the marshal of a municipal court required to be a resident of the judicial district in which the municipal court is located?          CONCLUSION          The marshal of a municipal court is not required to be a resident of the judicial district in which the municipal court is located.          ANALYSIS          Traditionally, 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.)          The 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.          Each 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).)          A 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...

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