Morgan County Commission v. Powell

(dissenting) :

In 1959 the legislature passed the act which appears in Title 13, Section 125 (28a) of the Code. The then two judges of the circuit determined that one secretary could adequately meet their needs. The salary of this employee was determined by cooperative discussions between the judges and the County Commission. As the workload of the court increased, a second secretary was employed and her salary was fixed under the same cooperative arrangement between the judges and the County Commission. Cooperation prevailed for over ten years.

A third judge was added to the circuit by the…