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Purported Clerk of Court forecloses absent a Note or proper Oath of  Office

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  • Jake
    ... And I sez it s a waste of time to make a big fuss about it (as many do) if there isn t a statutory requirement with a penalty attached to it for not taking
    Message 1 of 1 , Nov 7, 2009
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      I posted the general statute which requires oaths in North Carolina (§ 14-229) & Gary sez:


      > This is a pretty good one since they have declared it a crime to not take the oath. However, at least for those in other states, be aware that in some states, Arkansas is one, even though there is a requirement to take an oath, the courts in Arkansas have found that the failure to take the oath or to qualify in other ways, does NOT invalidate any actions taken by that person while performing the duties of that office. They are declared de facto officers and all acts performed in accordance with the duties of that office are valid.

      > In states where the courts have found this to be true, there is no point in
      any public officer taking the oath of office. Why subject yourself to the possibility of being charged with violating your oath of office when you legally operate in the office without it? I haven’t looked into any other states, but I wouldn’t be surprised to see the same in many states. <


      And I sez it's a waste of time to make a big fuss about it (as many do) if there isn't a statutory requirement with a penalty attached to it for not taking / having on file an oath of office.  Many people file an action over what they think the law should be, without looking to see what it is & how the courts have already ruled on it.  Don't make that mistake as it not only costs you time and $$$, you paint a target on your chest.


      North Carolina also has a "Willful Failure To Discharge Duties" statute (§ 14-230) so if you have a gripe about the clerk of courts, or whomever local / county / state gov't. official, you follow the procedure in it.  Or you don't follow the procedure, your complaint gets blown off, you get branded a nut case & accomplish nothing.


      Point being to check the statutes(s) & court rulings 1st, then proceed if you have a way of doing so - or don't if there's no procedure available for your situation.  Unless you're a legislator, you can't invent a crime or procedure if there isn't one.


      ~ ~ ~


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