Can a county clerk be appointed deputy county clerk during his term of office?

California, United States of America


The following excerpt is from Rossi v. Brown, 38 Cal.Rptr.2d 363, 889 P.2d 557, 9 Cal.4th 688 (Cal. 1995):

In Dougherty v. Austin (1892) 94 Cal. 601, 29 P. 1092, a statute authorized a county board of supervisors to hire a deputy county clerk whenever it deemed the county clerk to be insufficiently compensated. We held the statute violated the constitutional prohibition against increasing the compensation of county officers during their term of office. (Cal. Const., former art. XI, 9.) We reasoned, "To construe this provision of the constitution so that a county clerk's salary could not be increased during his term of office, but that an act of the legislature would be valid which provided that all of his deputies, men whom he was bound to employ and bound to pay in the absence of such an act, should be paid by the county, independent of and in addition to the clerk's salary, would be to allow that to be done indirectly which could not be done directly, and would be establishing a medium for the practice of the very abuses which the constitutional provision was inserted to destroy." (94 Cal. at p. 632.)

Other Questions


Can a defendant who shot an off-duty police officer in the head with a single shot, get out of his car, get into his car and shoot the officer as the officer is approaching? (California, United States of America)
Is Section 19685 of the California Code of Civil Procedure unconstitutional if it allows certain officers to appoint as many deputies as may be necessary? (California, United States of America)
Is a county officer a "public officer"? (California, United States of America)
How have courts dealt with the appointment of a former deputy public defender as a bench officer? (California, United States of America)
In what circumstances would the defense in a civil case have to call at least two police officers, the officer who was involved in a chase and the officer involved in the chase, and the person who was arrested for shots being fired from his car? (California, United States of America)
Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
Is a county sheriff a state rather than a county officer? (California, United States of America)
What is the difference between duties assignable to an elected officer and those assigned to an appointive officer? (California, United States of America)
Is the size of the district attorney's office irrelevant when the office has more than 1,000 deputy district attorneys? (California, United States of America)
When an officer believes an individual is armed and presently dangerous to the officer or to others, can the officer use force to neutralize the threat of physical harm? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.