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DELEGATE DULANY: That is correct,
but I do not think it would require any
additional employees on the taxpayer's pay-
roll, so to speak, because as I understand
it each clerk's office in the state has per-
haps three of four employees, so we would
perhaps have two officials in there and then
the employees could do whatever additional
work is required.
THE CHAIRMAN: Delegate Child.
DELEGATE CHILD: Would you not
have two clerks where you have one now?
THE CHAIRMAN: Delegate Dulany.
DELEGATE DULANY: You would
have one clerk performing the judicial func-
tions and one not. If you want to call one
a clerk as they do in New England where
they have county clerks system, yes, you
would have two.
THE CHAIRMAN: Delegate Child.
DELEGATE CHILD: Would you have
two clerks' offices where you have one clerk
now?
THE CHAIRMAN: Delegate Dulany.
DELEGATE DULANY: I would leave
this to the legislature. I believe it would
be good to have a uniform system in the
state for purposes of reporting.
THE CHAIRMAN: Delegate Child.
DELEGATE CHILD: Are you aware
that the question of space is rather impor-
tant in at least some counties?
THE CHAIRMAN: Delegate Dulany.
DELEGATE DULANY: Yes, I am.
THE CHAIRMAN: Delegate Child.
DELEGATE CHILD: That is all.
THE CHAIRMAN: Delegate Singer?
Any further questions?
Delegate Hutchinson.
DELEGATE HUTCHINSON: Delegate
Dulany, as I understand it, there will be
no guarantee that a county clerk would be
elected, is that true?
THE CHAIRMAN: Delegate Dulany.
DELEGATE DULANY: Delegate Hutch-
inson, under our proposal, the only amend-
ment we are offering here, and if I may, I
will read the amendment as we have drawn
it:
"The clerk of the superior court in each
county and the clerk of the district court
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in each county shall be appointed in the
manner and for the term prescribed by
rule to perform those judicial functions and
administrative duties with respect to their
courts as are prescribed by rule."
We would have a clerk appointed to per-
form judicial and administrative functions.
There is no amendment to have a county
clerk elected.
THE CHAIRMAN : Delegate Hutchinson.
DELEGATE HUTCHINSON: Would it
be possible to ask Delegate Moser pertain-
ing to this minority recommendation?
THE CHAIRMAN: Is it related to the
question you just asked Delegate Dulany?
DELEGATE HUTCHINSON: Yes.
THE CHAIRMAN: Delegate Moser, can
you yield to a question?
DELEGATE MOSER: Yes.
THE CHAIRMAN: Delegate Hutchinson.
DELEGATE HUTCHINSON: Did the
Local Government Committee take into
consideration the election of a county clerk?
THE CHAIRMAN: Delegate Moser.
DELEGATE MOSER: There is no spe-
cific provision. Under the section that was
adopted by the Committee of the Whole the
individual county could provide for an
elected clerk if the county wanted to, or
the type Delegate Dulany is speaking of,
subject to withdrawal of that power.
THE CHAIRMAN : Delegate Hutchinson,
the Chair might suggest to you that the
position that Delegate Dulany has de-
scribed is a state official. He refers to him
as the highest elected state official in the
county. If so, he would not be a county
official and not within the province of the
Committee on Local Government, but the
Committee on the Executive Branch.
Delegate Della.
DELEGATE DELLA: Delegate Dulany,
under your system, which clerk would be
responsible for the court records?
THE CHAIRMAN: Delegate Dulany.
DELEGATE DULANY: There would
only be one court clerk that would be the
person who would be appointed. He would
be responsible for the court records.
THE CHAIRMAN: Delegate Della.
DELEGATE DELLA: He would collect
the fees and transmit them to the comp-
troller?
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