Monday, September 14, 2015

Role of deputy county clerk

With all the snarl in Kentucky over the County Clerk who went to jail, rather than issue marriage licenses to same-sex couples, readers should be asking questions about the role and authority of Deputy County Clerks everywhere.

Are the Governor, Attorney General and County Attorney in Kentucky wrong in saying that licenses issued by deputy county clerks are, in this case, valid?

If Kim Davis will not approve the issuance by her deputies, isn't any issuance by them really invalid, as claimed by her attorneys? Can the governor, attorney general and county attorney disregard the law, which might say that a County Clerk must approve or delegate such authority to her deputies?

Kim Davis is allowing her religious beliefs to interfere with the functioning of her office as an elected official. She certainly is entitled to her beliefs but, if she can't or won't do her job, then she should resign.

I'll side with her attorneys.

How would this be resolved in Illinois? If the County Clerk does not delegate (or, specifically, refuses to delegate) authority to the deputy clerks, can they act? Or would they be acting outside the scope of their authorization, thereby placing themselves in violation of the law and subject to prosecution?

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