06-07-2008, 08:48 AM
> I can tell you that County Clerks in other jurisdictions take an oath to uphold the laws...
In almost every case that I've seen, the enabling law says something like, "the clerk may make an order authorizing..." and NOT "the clerk shall authorize..."
Without the affirmative language, it's at the clerk's discretion.
In almost every case that I've seen, the enabling law says something like, "the clerk may make an order authorizing..." and NOT "the clerk shall authorize..."
Without the affirmative language, it's at the clerk's discretion.