N.D. Sup. Ct. Admin R. 46
April 1, 2001 May 4, 2005
DUTIES AND APPOINTMENT OF THE Administrative
CLERK OF THE DISTRICT COURT Rule 46
Section 1. Authority and Purpose
In accordance with Article VI, Section 3, of the Constitution of North Dakota and N.D.C.C. ch. 27-05.2 concerning clerk of district court funding and services, this rule establishes the duties of the clerk of district court and provides for the appointment of the clerk of district court in accordance with N.D.C.C. § 27-05.2-02(3) and otherwise implements in part ch. 27-05.2.
Section 2. Clerk of District Court - Duties
The clerk of district court in every county shall:
A. Take charge of all papers and records filed or deposited in the clerk of district court office and maintain and dispose of the papers and records in accordance with N.D. Sup. Ct. Admin. R. 19.
B. Attend sessions of the district court during criminal master calendar proceedings, sentencing proceedings, jury selection, or trials or other civil or criminal proceedings if, after consultation with the judge, the judge determines the complexity of the trial or proceeding or number of exhibits requires attendance by the clerk.
C. Prepare judgments of the court in criminal cases, unless judgments are prepared by other court personnel or the judge.
D. Comply with and implement procedures consistent with this rule included in the Clerk of Court Manual and, if applicable, the manual for the Unified Court Information System (UCIS).
E. Issue all process and notices required to be issued by the district court.
F. Keep in the office a money judgment docket in which the clerk shall enter alphabetically the name of each judgment debtor, the amount of the judgment, and the precise time of entry.
G. Satisfy all liens and judgments docketed or on file in the office immediately after the satisfaction of the lien or judgment is filed.
H. Keep in the office a register of civil, criminal, and juvenile actions in which the clerk shall enter the title of each action with brief notes of all papers filed in the action together with the date of the filing, and enter such other matters as required by supreme court rule.
I. Implement financial controls in accordance with judicial branch policies and procedures.
J. Receive, safeguard, and disburse, all money required to be paid to the clerk of district court and maintain required records.
K. Keep other records and perform other duties prescribed by statute, rule, policy, or procedure.
Section 3. Clerk of District Court -
and Other Clerk Personnel
Beginning January 1, 2003, or upon Upon the
retirement or resignation before that date of
a clerk of district court who has become an employee of the unified judicial system in
accordance with N.D.C.C. § 27-05.2-02, the clerk of district court for each county in
which there is a state-employed clerk shall be appointed by the presiding judge of the
judicial district in which the county is located, with the approval of a majority of the district
judges of the district hired and supervised by the trial court administrator for the
administrative unit in which the county is located. In the absence of appointment of
of district court within a reasonable time, the chief justice may fill the office by
Sufficient deputies and other clerk of court personnel shall be employed to assist the clerk
of district court in providing effective clerk services. The presiding judge, after
consultation with the clerk of district court and the assistant state court
responsible for clerk of court operations and the clerk of district court who
has become a
state employee in accordance with N.D.C.C. § 27-05.2-02, the trial court
shall designate clerk staff who shall become state employees in accordance with N.D.C.C.
§ 27-05.2-02(3). The clerk of district court, deputies, and other clerk of court personnel
are classified employees of the unified judicial system.
B. The clerk of district court, deputies, and other clerk of court personnel who are employees of the unified judicial system must have the qualifications prescribed by supreme court policy.
C. The assistant state court administrator for trial courts, in coordination with the
judge trial court administrators and clerks of court, is responsible for general
clerk of court operations in all counties in the judicial district to ensure
statutes, rules, policies, and procedures governing the delivery of clerk of district court
services. The assistant state court administrator for trial courts shall
periodically, but at least
annually, assess clerk of court operations in each judicial
district administrative unit and
provide a report to the Administrative Council of Presiding Judges.
D. Each state employed clerk of district court shall supervise all personnel within the clerk's office.
E. The Office of State Court Administrator and the Clerk of the Supreme Court shall provide advice and information, as requested or required, to clerks of district court concerning the application of statutes, rules, policies, and procedures governing clerk of district court services.
Section 4. Analysis of Duties - Review
For purposes of the options available to counties under N.D.C.C. § 27-05.2-02, the
of employees determined necessary to provide clerk of district court services is based on an
of clerk of district court duties as identified in Section 2. The analysis must be thoroughly
periodically, but at least once each 24 months
beginning April 1, 2000,
to ensure the analysis
accurately reflects the duties of the clerk of district court.
Section 5. Effective Date
This rule, as amended, is effective
April 1 May 4,
Dated at Bismarck, North Dakota,
March 12 May 4,
Gerald W. VandeWalle, Chief Justice
Dale V. Sandstrom, Justice
Mary Muehlen Maring, Justice
Carol Ronning Kapsner, Justice
Penny Miller, Clerk
SOURCE: Adopted March 12, 2001, with an effective date of April 1, 2001. Amendments adopted effective May 4, 2005.