Lance R. Pomerantz
Attorney at Law

Land     Title     Law

“Constructive Notice”  The  Newsletter

Excerpted from the March 5, 2012 mailing of "Constructive Notice":

County Clerk Sanctioned for Poor Performance

Anyone who deals with Court Clerks, County Clerks, Registers of Deeds and similar officials, is familiar with the notion that “there’s the law and then there’s the Clerk’s Law.” For the uninitiated, the idea is that a given clerk’s office procedure may deviate substantially from statutory or regulatory mandates. As a practical matter, practitioners usually find that it is quicker and cheaper to comply with the “clerk’s law” than attempt to challenge the wayward procedure. For all those who have been quietly stewing over this experience comes word that at least one attorney has been able to gain vindication. 

The Clarion Ledger of Jackson, Mississippi, reports on a $9535 sanction levied against the Hinds County Circuit Clerk due to the failure of one of her assistants to properly prepare and transmit a record on appeal.

The Mississippi Supreme Court levied the sanction against the Clerk, Barbara Dunn, and mandated that it be paid out of her personal funds! In addition, the Court mandated that she provide adequate training for her staff, also at her own expense!! Even though Dunn has been Clerk for 28 years, according to the report she is “having a difficult time finding someone to provide training to her staff.”