The General Assembly, by statute, has assigned responsibility for many of the administrative functions of the county courts to the clerk of the circuit court, which is sometimes referred to as the county clerk. This is a Constitutional Office. In addition, the General Assembly has assigned other non-court related governmental duties to the office of the clerk. The following is a brief description of the functions of the clerk of the circuit court.
The county clerk serves dual roles as state election law administrators and administrators to the judiciary.
Elections are fundamental to our democracy and the responsibility of making sure elections are run smoothly is given to the county clerks. The clerks administer Indiana's election laws in a non partisan manner.
The clerk receives filings of candidacy from persons seeking certain elective public offices and issues certificates of election to successful local candidates except in the cases of constitutional officers, who receive their commissioners from the Governor.
The clerk serves as an ex-officio member and secretary of the county election board and as a member and clerk of the county board of canvassers. The clerk appoints the other members of the county election board and the board of canvassers.
The clerks make sure all election polling sites meet state and federal guidelines and insure that election workers are trained.
Access to the courts often begins in the county clerk's office.
The clerk maintains all records of pleadings, motions, papers, evidence and court rulings of the court. The clerk also issues summonses and subpoenas to witnesses ordering them to appear in court.
The clerk issues marriage licenses, records, maintains oaths of offices, election duties, keep a record of all judgements, orders and decrees of the court.
The clerk also must certify and attest to complete transcripts of court proceedings involving title to property, the imposition of prison sentences and in all court cases where a complete court record is required.
The clerk, in the presence of the jury commissioners, draws the names of prospective jurors for juries and issues summonses to prospective jurors.
The clerk collects court costs, fines and money judgments levied by the court. In the case of a money judgments, the clerk pays the money to the person or entity entitled to the judgement. In recent years, the collection of child support has become a major responsibility of the clerk's office.