Q Does the head clerk have the authority to assign a clerk to a judge who does not want that clerk? Does this become a judicial matter or an administrative issue if the judges write an order stating which clerk they want in the courtroom on assigned court days? Can a judge refuse to allow a particular clerk for any reason in his or her courtroom?

A The assignment of a deputy clerk to attend court on a regular basis would be an administrative duty to be provided under the authority of the board of supervisors. The justice court judge has authority to direct the actions of the clerk with respect to matters in the courtroom. However, the justice court judge cannot circumvent the authority of the board of supervisors to assign a particular clerk to attend court. (Attorney General’s Opinion to Brown, June 27, 2014)