Request By:
Representative Raymond Overstreet
State Representative, 52nd District
Box U
Liberty, Kentucky 42539
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Thomas R. Emerson, Assistant Attorney General
This is in reply to your letter raising two questions, the first of which asks: "Whether or not a Deputy Circuit Court Clerk can also be the Treasurer of the County in which they reside without being a conflict."
KRS 30A.010 provides in part that for the purpose of KRS 30A.010 to 30A.190, "clerk" means the circuit court clerk serving in his capacity as clerk of both the circuit court and the district court. Furthermore, as personnel within the Court of Justice, clerks are state officers whose duties are coextensive with the Commonwealth, and who are subject to the administrative control of the Chief Justice. KRS 30A.050(2) states that deputy circuit clerks, authorized by and under the direction of the circuit clerk, shall have full power to perform such duties as may be performed by the circuit court clerk. Any act of a deputy clerk is entitled to the same faith and credit as that of the clerk.
Since the deputy circuit court clerk is authorized to perform those duties which may be performed by the circuit court clerk and, since the circuit court clerk is a state officer, the deputy circuit court clerk is also a state officer. In addition, we direct your attention to OAG 80-552, OAG 77-537 and OAG 76-509 where this office concluded that circuit court clerks and deputy circuit court clerks are state officers.
In connection with the county treasurer, KRS 68.010 provides that the fiscal court of each county shall appoint a county treasurer. The county treasurer shall take the constitutional oath of office and shall execute bond, to be approved by the fiscal court. The county treasurer is, therefore, a county officer even though he is, basically, a ministerial officer. See OAG 76-8, copy enclosed.
Section 165 of the Kentucky Constitution and KRS 61.080(1) provide that no person shall, at the same time, be a state officer, a deputy state officer or a member of the general assembly, and an officer of any county, city or other municipality, or an employe thereof.
Since a deputy circuit court clerk is a state officer and a county treasurer is a county officer, the same person cannot, at the same time, fill both offices as they are incompatible with each other.
Your second question asks: "Whether or not those people who work in the Circuit Clerk's Office are under the merit system as exists within the Commonwealth of Kentucky."
KRS 30A.050(1) states in part that all deputies and employes of the circuit clerk's office shall be employes of the Commonwealth. While such persons are state employes and personnel of the Court of Justice, they are not covered under the state merit system set forth in KRS Chapter 18. We have been advised that under the authority of the Kentucky Supreme Court, the Administrative Office of the Courts has adopted internal personnel rules dealing with persons working in the circuit court clerk's office. For further information we suggest you contact Mr. Marion Hubbard, Administrative Office of the Courts, 403 Wapping Street, Frankfort, Kentucky 40601 (telephone 502-564-2350).