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1954 Arkansas Attorney General Reports and Opinions 1 (1954)

handle is hein.sag/sagar0015 and id is 1 raw text is: STATE OF ARKANSAS
OFFICE OF ATTORNEY GENERAL
COPY
January 4, 1954
Mr. Norman Goodner
County and Circuit Clerk
Scott County
Waldron, Arkansas
Dear Sir:
In your letter of DecemDer 12, 1953, you indicate that the County
Judge has called a special meeting of the Scott Couinty Quorum Court
for the purpose of selecting a County Service Officer, and you
inquire if a ,,te may oe taken on the several applicants by secret
ballot.
Ark. 'tats. (1047) §17-408 provides:
The Clerk of the Circuit Court in person, or by deputy,
in his capacity as Clerk of the County Court, shall
attend the sitting of said Court and keep in the County
Court Record a fair written record of the proceedings
of said Court; and the names of those members of the
Court voting in the affirmative and of those voting in
the negative on all propositions or motions to levy a
tax or appropriate any money, shall be entered at large
on said Record.
The Supreme Court of Arkansas in the case of Blakenore v. Brown, 14Z
Ark. 293, held that the above section is mandatory and that a levy
of taxes or appropriation of funds by a quorum court is void unless
the record shows affirmatively the namaes of the members of the court
voting on the question.
In my opinion the same would apply to the selection of the County
Service Officer by the County Quorui Court.
Yours very truly,
TOM GENTRY
Attorney General
By:
KAY MATTHEWS
Assistant Attorney General
KM: cj

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