Request By:
Mr. James M. Groves
Chairman, Education Committee
Ky. Assn. Circuit Clerks and AOC
Courthouse
Elkton, Kentucky 42220
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
On behalf of the circuit clerks of Kentucky you ask: "Must a circuit court clerk act as a receiver for monies awarded in either a civil or criminal action, excluding child support payments awarded under the Uniform Support Act or monies paid into court under garnishment?
You say that in many counties [not having a Friend of the Court] many clerks end up acting as bookkeepers for persons who have been awarded civil judgments or restitution in criminal cases. Of course the area of interest excludes the handling of money received under the Uniform Support of Dependents Act [see KRS 407.300(2) and 407.320] and monies paid into court under garnishment procedure [see KRS Chapter 425 and
Black Mountain Corporation v. Parsons, 277 Ky. 486, 126 S.W.2d 874 (1939) 876], since those statutes impose upon circuit clerks the duty of handling such monies. Further, if a circuit judge orders spouse or child support payments to be paid into court for receipt and disbursement, the judge has implied authority under KRS Chapter 403 to impose the handling of the money on the clerk, if no Friend of the Court has been appointed [KRS 403.090].
Circuit clerks have many duties and they vary in character. See KRS Chapter 28. While the clerk is a constitutional officer [§ 97, Kentucky Constitution], the clerk's duties are primarily those expressly prescribed by statute or those which are reasonably implied by statute.
It is our opinion that generally, in those cases in which persons have been awarded civil judgments or restitution in criminal cases, the circuit court cannot presently impose upon the clerk the duty of receiving and disbursing such funds, in the absence of a statute containing an express or implied authority to do so. We are not aware of any such general statute presently effective. Looking toward January 2, 1978, and the creation of the district court [the circuit clerk will be clerk of the circuit and district court (KRS 30A.010 and § 114, Constitution)], we see no change in this principle. KRS 30A.140, however, does provide that every clerk shall perform such additional duties as may be prescribed by statute "or court rule." (Emphasis added). Under KRS 30A.140 the district court or circuit court, by rule, could direct the clerk to handle the monies in question.
We would assume that the trial courts would, in making such rules imposing additional duties, take into consideration the overall workload of the clerk, the personnel of the clerk, and the time limitations of the clerk.