Action Could Prompt Legal Showdown : Judges Move to Gain Control of Clerks

Superior Court judges filed a court order Friday that will transfer control of more than 100 courtroom clerks and their supervisors from Clerk-Recorder Lee A. Branch to the judges.

The decision could force a legal showdown between the Superior Court and Branch.

The court is relying on a Nov. 19 state Court of Appeal opinion in a Santa Clara County case for its authority in ordering the transfer. Branch, however, is armed with a May 29 county counsel’s advisory opinion, saying that the Santa Clara decision does not apply in Orange County.

Branch was not available for comment, but two of his assistants said he had not evaluated the decision yet and had not decided on whether to take legal action.

Under the judges’ decision, which is effective Sept. 1, the transfer will occur Jan. 1 unless judges can get an earlier start-up date in negotiations with Branch or unless judges vote later to extend the date.

102 Clerks Involved

The transfer will not apply to clerks involved in court computer and scheduling operations, which had been part of the proposal first made in an April 17 letter from Presiding Judge Everett W. Dickey.

“Those functions are part of separate discussions involved in the clerk-recorder’s reorganization plan,” said Court Executive Officer Alan Slater.

But the transfer will involve 102 clerks, more than one-third of Branch’s clerk-recorder staff, according to Assistant County Clerk K. Paul Raver.

Dickey’s letter was sent to the county administrative office barely a month after a county audit heavily criticized Branch’s operations. The judge said then that the court had authority to order the transfer but would seek first to set up a task force to discuss the issue.

However, no task force and no meetings have been held yet, William R. Henry, another assistant county clerk, said.