GWINNETT COUNTY v. YATES

Nos. S95A0135, S95X0136.

458 S.E.2d 791 (1995)

265 Ga. 504

GWINNETT COUNTY et al. v. YATES, Clerk. YATES, Clerk v. GWINNETT COUNTY et al.

Supreme Court of Georgia.

Reconsideration Denied June 30, 1995.


Attorney(s) appearing for the Case

Caryl Brinson Sumner, Cty. Atty., John E. Underwood and William J. Linkous, III, Asst. Cty. Attys., Gwinnett County Dept. of Law, Lawrenceville, Richard A. Carothers, Lee W. Fitzpatrick, Boyce, Ekonomou & Atkinson, Duluth, for Gwinnett County.

Thomas C. Lawler, III, Rowe & Lawler, Duluth, H. Patterson Garner, Buford, for Gary R. Yates.


HUNT, Chief Justice.

This case presents the issue of whether the Clerk of the Gwinnett County Superior Court, is subject to the Gwinnett County Merit System. We hold that he is not.

In 1969, pursuant to constitutional authorization, the General Assembly adopted legislation creating the Gwinnett County Merit System. In December, 1992, Gary Yates, Clerk of the Superior Court of Gwinnett County, discharged a deputy clerk. The deputy clerk filed an appeal with...

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