http://www.arktimes.com/ArkansasBlog/archives/2012/09/10/saline-clerk-milligan-responds-to-criticism Comments On: Saline Clerk Milligan responds to criticism by Max Brantley en-us Copyright 2013 Arkansas Times. All rights reserved. This RSS file is offered to individuals, Arkansas Times readers, and non-commercial organizations only. Any commercial websites wishing to use this RSS file, please contact Arkansas Times. robert@arktimes.com (Arkansas Times Webmaster) Wed, 19 Jun 2013 00:00:01 -0500 Wed, 19 Jun 2013 06:00:00 -0500 Foundation http://blogs.law.harvard.edu/tech/rss
State v. Swaim (at http://opinions.aoc.arkansas.gov/WebLink8/… ), the 1925 Supreme Court case the AG cited in claiming fee-pocketing was made OK by the 2003 repeal of the 1873 law that made circuit clerks "ex officio" commissioners, actually says the EXACT OPPOSITE. The Court NOT ONLY ordered Pat Swaim, then Lonoke County circuit clerk (and "ex officio" commissioner under old law), to give up his fees; it ALSO ordered his DEPUTY, Albert Sexton, to give up HIS fees even in cases where he was DIRECTLY appointed (and did NOT serve "ex officio"), saying his appointments were a subterfuge of the county salary law and were made BECAUSE he was deputy clerk.

Applying 2003 law to 1925 facts only makes Swaim's situation (and every other circuit clerk's) the same as his deputy Sexton; the work is STILL being done ON county time BY county employees appointed ("ex officio" or otherwise) BECAUSE they're county employees. Even Larry Crane's "office pizza fund" is illegal; under Amendment 55 and the County Government Code, those fees MUST go to the county treasury as long as ANY county employee is conducting the sale.
Posted by RBBrittain]]> Mon, 10 Sep 2012 14:36:27 -0500 Arkansas Times