What if Court Executive Officer office is vacant?

[JoshuaT]

Hello all.

So the Court Executive Officer, also called (Head) Clerk Of Court for my county here in California, long story short, is currently manned by an individual that did not take the constitutionally required Oath of Office (I have it all documented etc. CA constitution requires 'X', his oath on record is not even close to X).

The office is theoretically vacant.

Does anybody know what the ramifications on a court case would be if the Court Executive Officer had (theoretically until somebody important agrees that such is the case) been vacant through the up-to-now proceedings?

In other words, if somebody is and has been acting as Court EO but is by law not a holder of the Court EO office, what is the effect on the system/legal proceedings/etc.


Thanks

 

[army judge]

The effect on the judicial rulings, findings, trials, etc..., none, nada, nil, nothing.

If what you say is true, it won't impact any cases or decisions during the person's tenure.

 

[JoshuaT]

"The Clerk is the official custodian of the records and dockets of the Court and is accountable for all fees, costs, and other funds collected by the Court."
"The Executive Officer/Clerk of the Court is also appointed ex officio Jury Commissioner pursuant to Section 195(a) of the Code of Civil Procedure, and he/she and duly appointed deputies are authorized to grant excuses from jury service to prospective jurors pursuant to Section 204(b) of the Code of Civil Procedure. As Jury Commissioner he/she is empowered to issue and serve jury summons as provided in Sections 208 et seq. of the Code of Civil Procedure."

If it were a jury trial, and the jury summons were issued/served by a non-legitimate court executive officer, that wouldn't affect the validity of a trial outcome?

 

[army judge]

I gave you an answer. If you want a better answer, pay a lawyer $5,000 to hear this word, no!!!!

 

[JoshuaT]

The answer was great, thanks. Please forgive me for the follow up question.