About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1971 Arkansas Attorney General Reports and Opinions 1 (1971)

handle is hein.sag/sagar0036 and id is 1 raw text is: OFFICE OF January 7, 1971 . Usawrc sUnLDswo ATIOUNWY OBNBUUAL Honorable Davis Duty Municipal Judge 209 West Elm Street Rogers, Arkansas 72756 Dear Judge Duty: This.is in reply to your opinion request to this office wherein you make inquiry as to the possibility of appointing deputy municipal court clerks. Please be advised that Ark. Stat. Ann. S 22-713 makes provision for the appointment of a municipal court clerk. That statute provides in part as -follows: The judge of the municipal court may, with the approval of the city councils, appoint a clerk for the court who shall be designated and known as the municipal court clerk . . . . This statute apparently authorizes the appointment of only one person as municipal court clerk and there is no specific pro- *vision in the statute with regard to the appointment of deputies. From an examination of the statutes dealing with other types of' court clerks, it does not appear that the power to appoint deputies can be implied. Statutes pertaining to county, circuit and chancery court clerks, for example, make specific provisions for the appointment of deputies. If the Legislature had intended to authorize the appointment of deputy municipal court clerks, it can be assumed that they would have made a specific provision to this effect, as was done with other types.of court clerks. Furthermore, I note that the Legislature has, from time' to time, enacted special laws regarding municipal courts, which effect the larger cities of the State, and in such laws has made specific provisions for the appointment of additional clerks. For example, Act 60 of 1963 provides that the judges of the Municipal Court of said larger cities having a population of 90,000 or more accord- ing to the most recent federal census may appoint a sufficient number of clerks for the proper functioning of the court. Since the statute affecting your municipal court contains no similar provision, I conclude that one clerk is all that is authorized.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most