Oregon Advisory Opinions January 23, 1953: OAG 53-5 (January 23, 1953)
Collection: Oregon Attorney General Opinions
Docket: OAG 53-5
Date: Jan. 23, 1953
Advisory Opinion Text
OAG 53-5.
District Attorney, Klamath County
This is to acknowledge your letter of January 20, 1953, furnishing this office with further information and citation of authority concerning the question as to whether or not a vacancy exists in the office of county coroner in Klamath county.
The facts stated show that the incumbent county coroner was reelected to that office at the general election in November, 1953, that the newly elected officer, the incumbent, failed to file his oath of office and certificate of election until the second Monday in January, 1953, which day was one week following the commencement of the new term of office.
Article VI, § 6, of the Constitution of the state of Oregon provides that:
"There shall be elected in each county by the qualified electors thereof at the time of holding general elections, a county clerk, treasurer, sheriff, coroner and surveyor, who shall severally hold their offices for the term of four years." (Emphasis supplied)
Article XV, § 3, of the Constitution provides that:
"Every person elected or appointed to any office under this constitution shall, before entering on the duties thereof, take an oath or affirmation to support the constitution of the United States, and of this state, and also an oath of office."
These sections clearly show that a county coroner is a public officer and derives his authority from the Constitution.
Article XV, § 1, of the Constitution is as follows:
"All officers, except members of the legislative assembly, shall hold their offices until their successors are elected and qualified."
It is apparent from the very wording of the above quoted sections of the Constitution that once a person has been elected to the office of county coroner and has taken the oath of office as prescribed in Article XV, § 3, such person will continue to hold that office and perform the duties thereof until his successor has been elected and qualified. So long as there is an incumbent in office there can be no vacancy. A vacancy in
the office of county coroner being nonexistent the county court has no power to create one nor to appoint a person to an office lawfully held by another. See State ex rel. Tazwell, 166 Or. 349.
It is my opinion that irrespective of the fact that the incumbent county coroner of Klamath county filed his oath of office and certificate of election one week subsequent to the commencement of the new term, there was no vacancy created in that office under the provisions of the Constitution of the state of Oregon.