Bookhout v. Levitt’s Empirical Analysis

Citation profile

8 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The offices of County Judge, Surrogate, Judge of the Family Court, County Clerk, and County Treasurer are elective.... The incumbent of each of these offices continues to hold office until events such as his or her death, resignation, removal from office and various other reasons.... Each of the petitioners, as a officer of a municipality whose salary is fixed by law, is entitled to that salary, not as under a contract of employment, but as an incident of the respective office, and cannot be deprived of that salary so long as he or she rightfully holds that office.... So long as each of them continued in office, he or she could not be deprived of the compensation attached thereto even if prevented by temporary incapacity, such as sickness, from performing the duties of the office.... Of course, sickness involving a serious physical or mental defect resulting in actual disability to perform the duties of an office may furnish cause for removal.... [T]he subject of unused sick leave is inimical and not relevant to elected holders of public office such as petitioners who are head of their own departments or offices and who are permitted within broad limits to determine their own hours of work.... They were elected to perform certain exclusive powers and duties required of a County Judge and Judge of the Family Court, Surrogate, County Clerk and County Treasurer for which they received specific compensation.... The mode of exercise of those powers and duties, if authorized and va”

   1 later decision quote this exact passage · from the majority
   e.g. 175 W. Va. 115 - Oakley v. Gainer