Opinion

Zumwalt v. Superior Court

  • 49 Cal. 3d 167
  • 260 Cal. Rptr. 545
  • 776 P.2d 247
  • 1989 Cal. LEXIS 1534
Court
California Supreme Court
Filed
Jul 31, 1989
Status
Published
Author
Kaufman
On the bench
Eagleson, Kaufman, Mosk
Cited by
5 cases

The opinion

KAUFMAN, J.

I concur in the conclusion and reasoning of the opinion by Justice Eagleson. The constitutional and statutory history there set forth demonstrates that article VI, section 4, of the California Constitution confers no right upon the county clerk to perform any of the duties of superior court clerk assigned to another officer by statute, or by a superior court pursuant to statute.

That conclusion is reinforced by the fact that ever since the revision in 1970 of article XI, the article which deals with local government, the county clerk has not been specified as an officer for which the Legislature or the county’s governing body must provide. (See art. XI, §§ 1, subd. (b), & 4, subd. (c).) Indeed, apart from the reference in article VI, section 4, to the county clerk as ex officio clerk of the superior court, I see no constitutional obstacle to the entire elimination of any county clerk from a county government. That reference in article VI, the article which pertains to the judicial branch, should not be read as implicitly augmenting the structure of county government prescribed in article XI by requiring the appointment or elec *181 tion of a county clerk in each county. Instead, the constitutional provisions are best harmonized by interpreting article VI, section 4, to mean that if there is a county clerk, and if there are duties pertaining to the superior court which are required by statute to be performed by the county clerk or by the clerk of the superior court, the county clerk must perform them to the extent, but only to the extent, that those duties are not assigned to another officer by a statute, or by a court pursuant to statute.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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