BY JONAS BEALS
Voting in Virginia can inspire a fit of curiosity. What is a clerk of the circuit court, and what does that elected official do?
The clerk of the circuit court is a local constitutional officer who maintains court records, collects fees and issues marriage licenses, among many other duties.
They are also well-paid.
Every clerk of the court in our region makes more than $100,000. In Spotsylvania and Stafford, their salaries exceed $135,000—more than twice the average household income in the state.
Nearly every Virginia city and county has a clerk of the circuit court, along with four other constitutional officers. Clerks are elected every eight years while the sheriff, treasurer, commonwealth’s attorney and commissioner of the revenue are on the ballot every four.
Together, these officers serve important functions that keep residents safe, collect funds for the county and ensure the courts run smoothly.
Unlike most political figures and elected officials, however, many constitutional officers tend to disappear from the public eye between elections.
Their jobs are technical rather than legislative, and many residents probably think about them only for the moment it takes to fill out their ballot.
the long term
Fredericksburg Treasurer G.M. Haney, who ran unopposed this month, was re-elected to another four-year term. He has held the position since 1970.
Haney’s salary this year: $101,703.
Every constitutional officer receives a majority of his salary from the state Compensation Board, based on the population of their city or county. Localities are allowed to supplement that state salary however they wish.
In the case of Haney, the state pays $68,184. The city of Fredericksburg picks up the rest of the tab—$33,519. Haney’s is the highest local supplement among all constitutional officers in the region.
On the other hand, King George and Orange counties do not augment the state salaries of most of their constitutional officers.
The state cost of funding local constitutional offices is Virginia’s third-largest local aid program behind education and car-tax relief. This fiscal year, the state will spend $618 million of the general fund on constitutional officers and their staffs.
Vic Mason is clerk of the King George County Circuit Court and the president of the Virginia Court Clerks Association. He said the compensation system works.
“Like anything in government, there may be more efficient ways to do it,” he said. “There could also be worse ways to do it.”
VOTERS WEIGH IN
Allowing the state to determine salaries is one thing, but allowing the public to elect residents to important and sometimes technical managerial positions can present its own problems.
Constitutional officers are not interviewed or hired in the same competitive manner as county administrators or school superintendents.
“You might want the more technocratic approach with appointed individuals schooled in the areas in which they serve the public,” said College of William & Mary government professor George Grayson. “The other view is that by electing officials, it keeps them close and sensitive to the people.
“So often, the bureaucracy is distant, aloof and can be quite capricious,” said Grayson, a former member of the House of Delegates. “Try being those things in a constitutional office and you will get the boot.”
Retired professor and James City County Supervisor Jack Edwards said once a constitutional officer is elected, it is hard to remove them from office, barring a scandal or an obvious problem.
“Questions are oftentimes raised about what we should do about constitutional officers,” Edwards said. “In fact, it’s very difficult to do anything.”
The current system has been ingrained in Virginia politics for a very long time. Any changes would require state legislation and local referenda.
This was a pressing issue in the mid-twentieth century, when the Byrd Organization kept a heavy thumb on local governments to ensure loyalty to then-Gov. and later Sen. Harry Byrd. Byrd reduced the number of elected state officials during that time, and local offices became highly politicized. It was rare for a local official to hold office without the Byrd stamp of approval. In turn, they supported Byrd initiatives and limited voting eligibility to keep Byrd in power.
“The Compensation Board was an important layer of the Byrd organization,” Grayson said. “You could reward those doing an outstanding job.”
He said that great strides have been made to standardize the compensation system.
WHAT IS IT WORTH?
These days, the compensation board’s salary range for clerks of court goes from $73,304 to $136,146.
Neither Edwards nor Grayson felt that compensation levels are excessive. They both mentioned that, in some cases, a constitutional officer in Virginia does the work of two or three officials in other states.
They suggested that salaries need to be viewed in context. Fairfax County has a population of a little more than 1 million. Highland County has a little more than 2,000. The duties of the job need to be weighed along with the size of the responsibility. The compensation board does allow for a certain amount of flexibility.
Not only does the state provide the salary of the constitutional officer, the state also provides funding for their departments.
Mason cautioned that larger jurisdictions often have to spend significantly more to supplement their staffs.
Constitutional officers, although vital to a locality’s operation, rarely make waves as political figures these days.
There are exceptions. Sheriffs and commonwealth’s attorneys frequently find themselves in the public eye, and Stafford Treasurer Laura Rudy recently made news when she reported an unexpected $5.6 million surplus in county coffers. But politics rarely enters the discussion.
“Constitutional offices are not political offices,” Mason said. “However, in large jurisdictions you almost have to run under a party affiliation in order to get elected because of the cost of running.”
Duties for those officers are more or less prescribed by law and are managerial in nature, but there is still the idea—recognized by Mason and others—that voters might not know exactly what these elected officials do. Without that information, voters could put potentially unqualified people in office.
“The electorate doesn’t always make the best choice, but it’s up to them to make that choice.
“We’re answerable to everyone in the community,” Mason added. “We’re more in touch with the community being elected than being appointed.”
-Jonas Beals: 540/368-5036 jbeals@freelancestar.com
ABOUT THE SERIES
The Free Lance-Star filed Freedom of Information requests earlier this year for the name, position and salary of every local government and school employee in our area making $100,000 or more. This is the last in a three-part series looking at those salaries.
PART 1: School superintendents are top earners in local government.
PART 2: Spotsylvania School Superintendent Jerry Hill is the highest-paid government official in the Fredericksburg area, but county School Board officials say he is well worth the money. Meanwhile Spotsylvania County Administrator Doug Barnes makes less than his counterparts in Stafford and Fredericksburg, but he says the timing wasn’t right to ask for more money.
PART 3: Except for sheriffs and prosecutors, most constitutional officers in Virginia keep a low profile. But these jobs come with impressive salaries.