State High Court: Judge ‘Exceeded Authority’ by Holding Circuit Clerk in Contempt of Court Over Disputed Reimbursement Responsibilities

“The clerk is required to assist in facilitating this transaction, but the clerk’s role in this regard is a statutory duty unrelated to the resolution of any issue pertaining to the underlying cases. The clerk’s action or inaction in completing this task does not affect the ability of the court to ‘try[] and determine[] cases in controversy,'” Judge W. Brent Powell wrote. “Moreover, the reimbursements at issue have no impact on the Court’s budget nor otherwise affect the Court’s ability to operate in its judicial role.”


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