Susie Kirkendall, Clerk
The Clerk's Office is prohibited by law from giving legal advice.
The County Clerk is an elected official created by the state constitution and is the administrative and financial officer of the Superior Court. The office is technical and the duties are, in some instances, quasi-judicial.
As Clerk of the Superior Court, the County Clerk must keep a record of all appearances and the date of filing of pleadings, a calendar for all scheduled proceedings, and a daily record of those proceedings. An execution docket must be maintained to record judgments of the court. The Clerk assures that all records are accurately kept and that court transactions are performed in a timely manner in order to maintain the integrity of the judicial process. Case filings include:
In criminal cases, the clerk issues warrants of arrest and subpoenas for witnesses and sends copies of orders to the Sentencing Guidelines Commission, Department of Corrections, prosecutor, public defenders, sheriff and others. In addition, the clerk registers all witnesses and is responsible for safeguarding all exhibits admitted in trial.
The clerk issues writs of garnishment and execution and provides forms and assistance to the public in domestic violence and anti-harassment cases. Certificates for the dissolution of marriage are transmitted to the Department of Heath, and all litigants in civil and domestic cases that have been without action for one year must be notified.
The clerk keeps a record of wills and bonds, and issues letters testamentary of administration and of guardianship authorizing representatives to act on behalf of persons who are deceased or incapacitated. In probate, the clerks issue forms for the transfer of title to mobile homes and vehicles.
Adoption decrees and re-registration forms go directly from the clerk's office to the Department of Health.
Responsibility lies with the clerk for maintaining the confidentiality of involuntary commitment cases.
The clerk maintains confidential court records pertaining to children who have been abandoned, abused, or neglected, or who are in the custody of the court. The clerk is responsible for issuing summons. Dependency cases also require the clerk to perform special duties with regard to shelter care and "at risk" youth matters.
Upon a charge filed by the prosecuting attorney in a situation involving a juvenile, the clerk must issue a summons and warrant of arrest. Juvenile cases are subject to numerous special statutes, but have the same requirements as adult cases where record keeping and exhibit control are concerned.
The county clerk accepts applications for passports serving as an agent for the Federal government.