Request By:
Mr. Chester Jones
Perry Circuit Court Clerk
Box 743
Hazard, Kentucky 41701
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
The circuit court clerks of Kentucky became part of the new court system under the Judicial Article on January 2, 1978. See § 109, Kentucky Constitution.
You request our opinion on the following question:
"Under the new court system do the circuit court clerks of Kentucky have the authority to determine the job assignments of the deputy clerks who work under the circuit court clerk and does the circuit court clerk have the authority to determine what work shift the deputy clerk works in the circuit court clerk's office?"
KRS 30A.050 reads:
"(1) The number and qualifications of deputy clerks and other employes in the office of each clerk shall be determined by the administrative office of the courts after consultation with the clerk concerned. All deputies and employes of the clerk's office shall be employes of the Commonwealth.
"(2) 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 clerk; and any act of a deputy clerk is entitled to the same faith and credit as that of the clerk.
"(3) Deputy clerks and all other employes in the office of the clerk shall be compensated according to the pay schedule established by the judicial personnel system.
"(4) The clerk may employ and dismiss such deputies and other employes."
Under the literal language of KRS 30A.050 the circuit court clerk has the immediate authority to determine the specific duties and work schedule of the clerk's deputies. However, such authority is subject to any applicable rules or requirements of the chief justice, pursuant to KRS 30A.010(2). Under that statute all circuit clerks are subject to the administrative control of the chief justice.
Actually the overall administrative control of the circuit court - district court clerks is vested in the Supreme Court of Kentucky by virtue of the highest level of legal authority, i.e., the constitutional judicial article.
Even though the circuit clerk is a constitutional elected officer (§ 97, Ky. Const.), the Court of Justice and its officers and employes are the judicial department of the Commonwealth. Const. §§ 27, 28, and 109. The Court of Justice, as was pointed out in Ex Parte Farley, Ky., 570 S.W.2d 617 (1978), is a "unified judicial system for operation and administration." (Emphasis added). Under § 110 of the Constitution, the Supreme Court has the express authority to "exercise control of the Court of Justice", the chief justice being the executive head of the Court of Justice. (Emphasis added).
In addition, under Supreme Court Rule 1.050, the Administrative Office of the Courts shall act as the administrative and fiscal agency of the Court of Justice. Policies and procedures developed by the Administrative Office of the Courts and issued by it with the approval of the Supreme Court shall have the same effect as if issued by the Supreme Court.
The answer to your question concerning job assignments and work shifts relating to your deputy circuit court clerks is that such matters are within your immediate authority, subject, however, to any applicable rules or requirements coming from the Supreme Court, or the Chief Justice as the executive head of the Court of Justice, or the Administrative Office of the Courts with the approval of the Supreme Court.
As the court said in Ex Parte Auditor of Public Accounts, Supreme Court of Kentucky (80-SC-540-OA) Ky.,S.W.2d (November 25, 1980) (not yet published), the judicial branch of state government has exclusive authority to manage its own affairs.