Dear Non-California Listserve Mates:
Last week I thought we were being evicted and squawked for help.
I learned from my query about the status of county law libraries
that the State of Kansas directly funds and operates its county law
libraries, if I have it correctly. That isn't exactly how California
does it, and there's our problem.
In California the state will, within 12 to 24 months, take over the
courts, in some instances constructing new courthouses. County offices
that have always been in the county courthouses (water boards, tax
assessors, etc.) will have to relocate. The California Administrative
Office of the Courts has reportedly issued an opinion that county law
libraries are among those that must leave. I haven't seen the opinion,
but it's beside the point.
Neither our court's nor the county's administrative office wants the
law library to move. Nor do we. The California law establishing law
libraries is silent, or ambiguous at best, on this issue.
Long ago, it was my understanding that county law libraries in
California were state offices in county space, much like a condominium
interest. Library materials and salaries are entirely funded by a
portion of civil filing fees paid to the "Court of the State of
California /in and for/ the county of . . ." County taxes pay for rent
and utilities. But my understanding about the state/county anomaly has
no legal basis. We may have to petition for a state attorney general
opinion on it.
We think the California statutes can be interpreted to permit this
view. What I'd like to request is citations to other state laws that may
be persuasive one way or the other.
Could I impose on you in the other 50 to pass along any statutory,
regulatory, case or even administrative authority that bears on the
position of county or other local law libraries within the jurisdiction?
Thank you. We will be very grateful.
Tom Anderson
Ukiah, Mendocino County, CA
This archive was generated by hypermail 2b29 : Wed Nov 14 2007 - 20:45:58 PST