A Clark County judge ruled Monday that a city police officer can serve simultaneously as an elected county magistrate.

In a nine-page ruling, Clark Circuit Judge Brandy Oliver Brown said the two positions are not incompatible, and Travis Thompson can continue serving in both roles.

Thompson was rehired by the Winchester Police Department in September 2018 and was elected as a magistrate to the Clark County Fiscal Court two months later.

Clark County Attorney William Elkins argued state law prohibits a person from holding a municipal office and a county office simultaneously. Elkins argued Thompson’s oath as magistrate voided his oath as officer, and there was a conflict of interest with a city employee voting on county business.

In her ruling Monday, Brown said being a police officer is not the same as holding a municipal office. Being a police officer does not fill all eight requirements to be an officer in city government, and it is not a non-elected office like police chief, she said.

“In summary, there is no statutory or constitutional provision specifically prohibiting Mr. Thompson’s concurrent employment as a city police officer and county magistrate,” Brown wrote. She also said the two positions are “distinct, independent, separate and unrelated in form and function.”

“Obviously, I’m very happy with the ruling,” Thompson said. “I certainly hope at this point Mr. Elkins can let it lie. I hope it will satisfy him. I hope we can move on and protect and serve the citizens of Winchester and have fiscal court meetings without question of what’s going on.”

Thompson’s attorney Brian Thomas concurred. “In one of his letters to the city, (Elkins) said he wanted a court ruling saying (Thompson) could do it,” Thomas said. “The only person who believed this was not permitted was Mr. Elkins.”

“The county attorney’s position… was that if there’s a court opinion that says one way or the other, I’ll abide by that,” Winchester City Attorney Bill Dykeman said. “I think it’s pretty straightforward. It’s what we have alleged since the beginning and it was buffeted by the Office of the Attorney General’s opinion and the League of Cities’ opinion.”

The civil case was originally between Thompson and the City of Winchester, seeking a declaration from a judge that the two positions were not incompatible. Elkins as the Clark County Attorney, was later allowed to join the case as an intervening party.

Elkins said he plans to appeal the decision, because existing state law from 1890 lists a police officer as a municipal officer.

“I’m pleased the court took the progressive and well-intentioned analysis of the law and facts of the case,” Elkins said. “I disagree that the court has arrived at the correct conclusion.

“Obviously we have to challenge that in the Court of Appeals and that will take some time. I think it’s an incorrect ruling.”

Elkins said the appeal must be filed within 30 days.

Before Thompson took his oath of office as magistrate in January, both organizations issued letters with the opinion the two positions were not incompatible.

On Friday, the Kentucky Court of Appeals issued a ruling that Brown abused her discretion in granting an injunction in the case where there was no motion. The Court of Appeals justices dissolved the restraining order, which Elkins said Thompson would have to file written complaints through his office to file charges against anyone.

Thomas said Brown’s order Monday makes the Court of Appeals ruling moot.