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AGO Opinions with Topic: OATH OF OFFICE
AGO 1951 No. 451 >  February 14, 1951
OFFICERS - JUSTICE OF THE PEACE - CONSTITUTIONAL PROHIBITION - INCREASING OR DIMINISHING SALARY DURING TERM OF OFFICE - OATH OF OFFICE - RESIGNATION - APPOINTMENT
OFFICERS ‑- JUSTICE OF THE PEACE ‑- CONSTITUTIONAL PROHIBITION ‑- INCREASING OR DIMINISHING SALARY DURING TERM OF OFFICE ‑- OATH OF OFFICE ‑- RESIGNATION ‑- APPOINTMENT ‑- FEE BASIS ‑- CITIES...

1. The fixed salary of a justice of the peace cannot be increased without legislative enactment.  2. The constitutional prohibition against increase or diminution of salary of a justice of peace during his term of office cannot be evaded by failure of the justice of qualify until after the effective date of the law.  3. The constitutional inhibition would apply to a justice of the peace who resigned and was appointed by the county commissioners to the same office after the salary had been changed by legislation.

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