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THE CHAIRMAN: Delegate Dulany.
DELEGATE DULANY: Which fees?
DELEGATE DELLA: Fees to file papers
and court costs.
THE CHAIRMAN: Delegate Dulany.
DELEGATE DULANY: He would handle
that.
THE CHAIRMAN: Delegate Della.
DELEGATE DELLA: Then collecting
fees from hunting and marriage licenses
and what not?
THE CHAIRMAN: Delegate Dulany.
DELEGATE DULANY: In most courts
this is done separately even though it is
handled in the clerk's office. Even in our
small county we have one room where we
have a deputy who collects those fees and
the other room where the hunting licenses
are sold.
THE CHAIRMAN: Delegate Della.
DELEGATE DELLA: Does the state
not recognize one clerk with reference to
the cost that is collected and the fees that
are collected?
THE CHAIRMAN: Delegate Dulany.
DELEGATE DULANY: Yes, sir. This
is an effort to change the existing system,
that is correct.
THE CHAIRMAN: Any further ques-
tions of the minority spokesman?
Delegate Vecera.
DELEGATE VECERA: Delegate Du-
lany, how do you contemplate the phasing
out period of the clerkship, the people now
serving as clerks? Would there be assur-
ance that the present clerks would now be
retained or how do you contemplate this
situation?
THE CHAIRMAN: Delegate Dulany.
DELEGATE DULANY: Under the pro-
posed transitory provisions that have been
considered by the Committee on the Ju-
dicial Branch, the clerks would remain in
office through their existing terms.
THE CHAIRMAN: Delegate Vecera.
DELEGATE VECERA: Who will handle
the land records?
THE CHAIRMAN: Delegate Dulany.
DELEGATE DULANY: The entire mat-
ter of handling land records is a legislative
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matter. It is provided by law. The 600 func-
tions that I have mentioned are handled
by the clerk of the court. The legislature
can very easily provide for an elected
county clerk in every county where that
had been performed by the court clerk. The
court clerk should be retained for judicial
functions, responsible to the judge and the
judge should not be bothered with the other
details of that that have no part of judicial
function.
THE CHAIRMAN: Delegate Groh.
DELEGATE GROH: In counties where
the superior court has special judges, I
presume you contemplate one clerk to serve
all judges?
THE CHAIRMAN: Delegate Dulany.
DELEGATE DULANY: That is correct.
THE CHAIRMAN: Delegate Groh.
DELEGATE GROH: As far as selection
of that clerk would it be up to the ma-
jority of the judges to concur?
THE CHAIRMAN: Delegate Dulany.
DELEGATE DULANY: It would be
prescribed by rule. I presume that would
be adoptable.
THE CHAIRMAN: Delegate Bushong.
DELEGATE BUSHONG: There are a
lot of records not only of the recorder's
office aspect, but also the courts and all
other kinds of records that are fully within
the law. Which clerk is going to be in
charge?
THE CHAIRMAN: Delegate Dulany.
DELEGATE DULANY: Any records
that are directly connected with the court
would be under the supervision of the clerk
of the court. The other records would be
under the county clerk.
THE CHAIRMAN: Are there any fur-
ther questions? Delegate Bothe.
DELEGATE BOTHE: Are there any
areas in the judicial functions of the clerk
in which he is called upon to exercise dis-
cretion or engage in policy-making func-
tions?
THE CHAIRMAN: Delegate Dulany.
DELEGATE DULANY: There are none
that I know of at all. He is an administra-
tive official.
THE CHAIRMAN: Delegate Bennett.
DELEGATE BENNETT: Under the
Majority Report, that provides that the
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