Request By:
Mr. Wilmer L. Hodges
Barren County Clerk
Courthouse
Glasgow, Kentucky 42141
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Since there is no longer a "county court", you ask whether it is still legal and valid to record instruments in the county court order book? The answer is "no".
The county court, as such, went out of existence as of January 2, 1978, because of the constitutional amendment relating to the judicial system. See Section 109, Kentucky Constitution. Since there is no "county court", there of course can be no county court order book.
You raise a question as to the filing of various documents. The first relates to orders concerning the "going out of business" sales. We assume you refer to the situation in which you as clerk refuse to grant a license for going out business under KRS 365.435. The statute provided that such applicant may apply to the county court for a hearing. That statute was amended by H.B. 607 (Chapter 384, § 496, 1978 Acts) by changing the term "county court" to "county judge/executive". If the county judge/executive issues such a license, it should be done through an executive order of the county judge/ executive and filed in the county judge/executive's executive order book, which order book must be maintained by the county clerk.
Next you ask where an order relating to compensation of the county assessment appeals board is to be filed. Such compensation must be fixed by the fiscal court in an appropriate order or resolution. See KRS 133.030(3). Such fiscal court order should be filed in the fiscal court order book in the county clerk's office. The fiscal court is a court of permanent record, and a copy of all records of its official action must be kept in the office of the county clerk. See KRS 67.100, as amended by H.B. 152 (Ch. 118, § 8, 1978 Acts).
You ask where magistrates' bonds should be filed. Magistrates' bonds are no longer required to be executed. KRS 25.650 required the justice of the peace to make bond. That statute, however, was repealed by Acts 1976 (Ex. Session) Chapter 14, § 491, effective January 2, 1978.
You ask about the instruments relating to appointees of the county judge/executive. See KRS 67.710(7) and (8). Such appointments should be documented by an executive order of the county judge/executive and filed in the county judge/executive's executive order book in the county clerk's office.
Finally you mention a name change order. See KRS 401.010. Such records must be kept in the order book of the district court. See KRS 24A.010(4).
Concerning orders of the fiscal court, generally, see H.B. 152 (Chapter 118, §§ 1, 4, and 5, 1978 Acts). The sections deal with county ordinances in detail.