Rule 3-303. Justice court clerks.

Intent:

To provide for clerical services in justice courts and to establish uniform responsibilities for justice court clerks.

Applicability:

This rule shall apply to all justice courts.

Statement of the Rule:

(1) Clerks shall be provided to each justice court to assist the judge in managing the operation of the courts. The clerk shall have primary responsibility for performing clerical duties including:

(A) recordkeeping;

(B) filing reports;

(C) scheduling hearings and trials;

(D) mailing notices;

(E) maintaining case files;

(F) collecting fines;

(G) docketing cases;

(H) taking and certifying acknowledgments and administering oaths; and

(I) other court related duties as assigned.

(2) The judge shall concur in the appointment of the clerk assigned to serve the court and shall participate in the personnel evaluation process for that clerk.

(3) If the clerk is serving the court in a part time capacity, the clerk shall not be assigned to other duties which present a conflict of interest or promote an appearance of impropriety regarding court responsibilities.

(4) Counties and municipalities are responsible for bearing the expense of providing clerical services to the justice courts located within their jurisdictions.