Anderson v. Superior Court

KENNARD, J., Dissenting.

Government Code section 69898, subdivision (d) authorizes the superior court of a county to transfer duties from an elected county clerk like the petitioner in this case to an administrator appointed by the superior court, but says nothing about the permissible timing of such a transfer. From this silence, the majority concludes that the Legislature intended to empower the superior court to implement a transfer of duties from the county clerk at any time. I cannot agree that the Legislature intended this interpretation of section 69898, in light of the harm it causes…