Opinion No. (2000)

BILL LOCKYER Attorney General ANTHONY S. DA VIGO Deputy Attorney General GREG WILLIS and JEFFREY H. GREENWALD have requested this office to grant leave to sue in quo warranto upon the following question: Did Alameda County Superior Court Commissioner Sue Alexander fail to file an oath of office with the County Clerk, County of Alameda, within the time prescribed by law, so as to create a vacancy in her office of Alameda County Superior Court Commissioner? CONCLUSION Alameda County Superior Court Commissioner Sue Alexander did not fail to file an oath of office with the County Clerk, County of Alameda, within the time prescribed by law, so as to create a vacancy in her office of Alameda County Superior Court Commissioner. ANALYSIS Greg Willis and Jefferey H. Greenwald ("Relators") contend that Sue Alexander ("Defendant") is unlawfully holding and exercising the privileges of office as an Alameda County Superior Court Commissioner. On October 20, 1997, Defendant was appointed to the office of Deputy County Clerk by Ronald G. Overbolt, Clerk of the Administratively Consolidated Trial Courts, County of Alameda, and took and subscribed the oath of office. The oath of office is on file…