Q May a municipal court clerk who runs for justice court judge serve in both positions if elected?

A A municipal court clerk does not exercise any core power of the judiciary, so simultaneous employment would be allowable. However, situations may arise that would require recusal as judge in particular cases, and the individual may not perform justice court duties during times for which he is being paid as a municipal court clerk. , and continued municipal employment is at the discretion of the municipal governing authorities. Further, if the municipal clerk is serving as court clerk, then the separation of powers doctrine would prohibit one person from serving as municipal clerk and a judge simultaneously. (Attorney Generalís Opinion to King, October 5, 2018)