Request By:
Mr. Charles Baesler, Jr.
Fayette County Clerk
Courthouse
Lexington, Kentucky
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You request an opinion as to whether the Lexington-Fayette Urban County Government should pay the county clerk for furnishing a deputy clerk to attend sessions of the Bastardy Division of County Court.
There is nothing in KRS Chapter 406 requiring the county court clerk to be clerk of the county court, which court has jurisdiction of bastardy cases. KRS 25.480 provides that the judge of quarterly court can appoint a clerk of quarterly court. The county judge could appoint the county court clerk as clerk to the quarterly court. However, in connection with bastardy cases, the term "county court" cannot be equated with "quarterly court." They are generally two distinct courts. Perry County v. McIntosh, 280 Ky. 223, 133 S.W.2d 90 (1939) 91. However, in the prosecution of misdemeanors, the terms "county court" and "quarterly court" were held to be synonymous, since the criminal jurisdiction is identical. Smith v. Commonwealth, Ky., 358 S.W.2d 521 (1962) 523. That synonymous character does not exist in connection with bastardy actions, which are essentially civil in nature.
The county clerk is responsible for keeping the orders and judgments of county court. KRS 25.160. See also Middleton's Adm'r v. Hensley, Ky., 52 S.W. 974 (1899). This implies that the county clerk is the clerk of the county court. In our opinion the urban county council has the authority to establish compensation for the county clerk in furnishing a deputy to attend bastardy sessions of county court. See Sections 10.04, 11.01 and 11.03 of the charter; and KRS 67A.070 [Home Rule Statute].