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JOHNSON v. ADMIN. OFFICE OF THE COURTS, KENTUCKY

Civil Action No. 00-19.

133 F.Supp.2d 536 (2001)

John Kenneth "Ken" JOHNSON and Gary Jolly, Plaintiffs, v. ADMINISTRATIVE OFFICE OF THE COURTS, Commonwealth of KENTUCKY, Defendant.

United States District Court, E.D. Kentucky, at Covington.

February 21, 2001.

Attorney(s) appearing for the Case

Robert E. Blau, Jolly & Blau, PSC, Cold Spring, KY, for plaintiff.

William B. Pettus, Office of the Attorney General, Frankfort, KY, for defendant.

OPINION & ORDER

BERTELSMAN, District Judge.

INTRODUCTION

Since at least 1890, candidates for the office of Circuit Court Clerk in Kentucky have been required to pass an examination of some type to be eligible for the office. Section 100 of the 1890 Kentucky Constitution reads:

No person shall be eligible to the office of Clerk unless he shall have procured from a Judge of the Court of Appeals, or a Judge of a Circuit Court,...

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