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Rule 3-303. Justice court clerks.

Intent:

To provide for clericalservices in justice courts and to establish uniform responsibilities forjustice court clerks.

 

Applicability:

This rule shall apply toall justice courts.

 

Statement of the Rule:

(1) Clerks shall beprovided to each justice court to assist the judge in managing the operation ofthe courts. The clerk shall have primary responsibility for performing clericalduties including:

 

(1)(A) recordkeeping;

(1)(B) filing reports;

(1)(C) scheduling hearings and trials;

(1)(D) mailing notices;

(1)(E) maintaining case files;

(1)(F) collecting fines;

(1)(G) docketing cases;

(1)(H) taking and certifyingacknowledgments and administering oaths; and

(1)(I) other court related duties as assigned.

 

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

 

(3) If the clerk isserving the court in a part time capacity, the clerk shall not be assigned to otherduties which present a conflict of interest or promote an appearance ofimpropriety regarding court responsibilities.

 

(4) Counties andmunicipalities are responsible for bearing the expense of providing clericalservices to the justice courts located within their jurisdictions.

 

(5) Each clerk shall be certifiedon an annual basis by demonstrating proficiency with the training required bythe Board of Justice Court Judges.

 

Effective January 1, 2022