Q Is it permissible for the chancery clerk to terminate one of his deputy clerks and the chancery court judge to subsequently hire that person as youth court intake officer, with a salary set by the judge? As this does not require a full time employee in many counties, may the chancery clerk then pay this person a salary supplement for additional duties performed that are not related to youth court?

A Under Section 43-21-123, the judge shall appoint one or more persons to act as the intake unit for the youth court division. If the person is not already a salaried public employee, the salary shall be fixed by the judge. The termination of an employee and subsequent hire by the judge complies with the appropriate youth court statute(s). The chancery clerk could pay the employee for services performed as a deputy chancery clerk provided that the employee is paid on an hourly basis and not salaried, and the jobs are kept separate so that he or she is not paid twice for the same hours worked. (Attorney General’s Opinion to Shoemake, June 6, 2014)